Terms and Conditions
As per “Services and Prices ” page.
Terms of payment
of our fee is payable upon the receipt of the inspection report and invoice.
Payment may be made direct as per instructions on our invoice.
Standard of inspections
Our inspections are intended to be carried
out in accordance with New Zealand Standard NZS 4306:2005. A copy of the standard can be obtained from Standards New Zeland.
A property report is intended to
report on the following matters which may be identified using the external
inspection methods employed by Thermopro Inspections Ltd.
Gradual deterioration; and
A property report is not a
destructive test, a Code Compliance Certificate, a Certificate of Acceptance
under the Building Act, nor a statement that the property complies with the
requirements of the Building Act or any other Act, regulation, or by-law. A property report is not a warranty against
problems developing with the building after the date of the report. Estimating the cost of remedying defects is also
not part of the report.
All buildings will deteriorate without
proper maintenance. A copy of some tips
in relation to proper maintenance is available here on our 'Cladding Maintenance ' page.
Limitations of liability and unavailability of
professional indemnity insurance
Although our inspections are intended to
give the highest standard of assessment of the condition of the property, and are intended
to be carried out in accordance with the applicable New Zealand Standard,
without destructive testing it is not possible to be 100% certain that all potential
defects have been discovered. There is
also the possibility that the owner of the property may have intentionally
disguised defects in the property. Our inspection in confined to the limitations specified by New Zealand Standard NZS 4306:2005 for property inspections. Due
to these factors it is not possible for us to guarantee that all potential
defects have been discovered. Due to the
number of “leaky building” claims in New Zealand it is no longer practical to obtain
professional indemnity insurance.
anything in this or any other agreement with Thermopro Inspections Ltd, the
liability of Thermopro Inspections Ltd, the person carrying out the inspection,
and all of Thermopro Inspections Ltd’s employees, contractors, directors and shareholders
(“the protected parties”), for any loss, damage or delay arising from any act,
default or omission (whether negligent or otherwise) in relation to the inspection,
the report, or any service provided by, or statement made by, or act of, any of
the protected parties (“the defects”):
(a) Is restricted to any bad faith defects;
(b) Is excluded in the case of all other defects
made in good faith, including mistakes, mis-descriptions and omissions whether made
negligently or wrecklessly, and whether they occurred during the course of the
inspection, were made orally, in the written report, or otherwise howsoever;
(c) Shall be limited to physical damage or
injury to any person or property which in any case is the foreseeable result of
(d) Shall be excluded in the case of economic and
consequential loss (including loss of rent or enjoyment of the property)
(e) In any event is limited to the fee paid to
Thermopro Inspections Ltd.
above limitations are severable with the intention that if any one of them is unenforceable
then the other limitations will still be enforceable.
limitation of liability binds the person who requested the report, and any
other person to who the report is provided to, together with their successors
generated by Thermopro Inspections Ltd is not to be relied upon by any person
other than the person to whom the report is addressed to.