Terms and Conditions
As per “Services and Prices ” page.
2. Terms of payment
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.
3. Standard of inspections
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.
(a) Significant defects;
(b) Particular attributes;
(c) Gradual deterioration; and
(d) Significant maintenance required.
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.
4. Ongoing maintenance
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.
5. 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, 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. .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.
Notwithstanding 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 the defect;
(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.
The above limitations are severable with the intention that if any one of them is unenforceable then the other limitations will still be enforceable.
This 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 and assigns.
The report 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.