Terms of Service (Christchurch)

LOCATION OPERATOR CLIENT TERMS

Inspected Residential Christchurch Limited (Company Number 9404904) trading as Inspected Residential Christchurch

A member of the Inspected Residential Network

PART A: ABOUT THESE TERMS

1. How these terms apply. You are taken to have accepted, and are immediately bound by, these terms when any one of the following occurs:

(a) you place an order or booking for Services with us, directly or via any third-party booking system; and/or

(b) you accept our Services by permitting entry by us to the nominated Premises to perform the Services,

and these terms apply together with any specific exclusions or additional terms specified in the Quote/Cost Estimate. The version of these terms current at the date of your booking applies to that booking. If there is any inconsistency, the Quote/Cost Estimate prevails over these terms.

2. Our contract. Your acceptance of the Quote/Cost Estimate and these terms together constitute our agreement with you (the Contract). The Contract is between Inspected Residential Christchurch Limited (we, us and our) and you, the named client in the Quote/Cost Estimate, in respect of the Services.

3. The Inspected Residential Network. We are a member of the Inspected Residential Network (the Network). The Network comprises the Brand Owner; its related companies (as defined in the Companies Act 1993); each Location Operator authorised to supply services under the Inspected Residential brand; and their respective Personnel. The Services are supplied solely by us, and no other member of the Network is a party to the Contract or has any liability to you in connection with the Services. Every exclusion, limitation and protection in these terms that applies for our benefit also applies for the benefit of each other member of the Network, and is intended to be enforceable by each of them under the Contract and Commercial Law Act 2017.

4. Independent business. We are an independently operated business within the Network. The Brand Owner acts solely as owner and/or licensor of the Inspected Residential brand, systems and intellectual property, is not a party to the Contract, and has no liability to you in connection with the Services. We are not the agent, partner or joint venturer of any other member of the Network; we have no authority to bind any other member of the Network; and we are solely responsible for supplying the Services under the Contract.

5. Definitions. In these terms:

Billing Agent means the Brand Owner, which issues invoices and collects payment on our behalf.

Brand Owner is Inspected Residential Limited.

Business Day means a day on which registered banks are ordinarily open for business in New Zealand, excluding Saturdays, Sundays and public holidays. Any other reference to a “day” means a calendar day.

Contract has the meaning given in clause 2.

GST means goods and services tax under the Goods and Services Tax Act 1985 at the prevailing rate, currently 15%.

Healthy Homes Standards means the healthy homes standards provided for in regulations made under section 138B of the Residential Tenancies Act 1986, being the Residential Tenancies (Healthy Homes Standards) Regulations 2019, as amended or replaced.

Location Operator means a regional operating company which is part of the Network.

Missed Appointment Fee means the missed appointment fee published on the Quote/Cost Estimate issued to you, which shall be a genuine pre-estimate of our loss.

Network has the meaning given in clause 3.

NZS 4306 means NZS 4306:2005 Residential Property Inspection, published by Standards New Zealand.

Personnel means, in relation to any Location Operator, that person's directors, employees, contractors, approved subcontractors, agents and representatives.

Premises means the residential dwelling or commercial premises at which the Services are to be performed (as the context requires).

Quote/Cost Estimate means any quote, cost estimate, booking confirmation or order confirmation issued by the Brand Owner for the specific Services.

Report means the report for any category of Services issued by us (as the context requires).

Services has the meaning given in clause 8.

we, us and our means the company named in clause 2 and, where the context requires, includes our Personnel.

you means the purchaser of the Services named in any Quote/Cost Estimate, invoice, order or other document. If the purchaser comprises more than one person, the liability and agreement of each person is joint and several.

6. Statutory references. A reference to a statute or statutory provision includes that statute or provision as modified, consolidated or re-enacted from time to time, and any subordinate legislation made under it.

7. Interpretation. Headings are for convenience only and do not affect interpretation. “Including” and similar words are without limitation.

PART B: OUR SERVICES AND OBLIGATIONS

8. Services. Our Services comprise:

(a) Building Inspection Report services (maintenance, pre-purchase, pre-sale, etc), carried out in accordance with NZS 4306;

(b) Healthy Homes inspection and assessment services;

(c) Invasive Testing Services, where expressly requested and accepted on a case-by-case basis (see Part F);

(d) Builder's Walkthrough services (see Part G);

(e) drone roof imaging, where included as part of a building inspection (see clauses 40 and 41); and

(f) any other services described in the Quote/Cost Estimate,

together the Services, as the context requires.

9. Scope variations. We will confirm any additional Services required by way of an updated Quote/Cost Estimate.

10. Subcontractors. The Services may be performed by us or by our approved subcontractors.

11. Performance. We will perform the Services with reasonable skill and care and in a competent manner. Nothing in these terms limits any guarantee that applies to the Services under the Consumer Guarantees Act 1993 where you are a consumer (see Part K).

12. Inspector competency. Inspections will be carried out in accordance with NZS 4306.

13. Licences. Where required by law, we hold the applicable licences and accreditations to perform the Services.

14. Insurance. We maintain professional indemnity insurance of not less than $1,000,000 and public liability insurance of not less than $1,000,000.

15. Report preparation. Every Report is prepared and issued by a qualified inspector. In preparing a Report, the inspector may be assisted by software tools, including tools with AI-assisted features, for tasks such as note-taking, image organisation, drafting support, formatting and data handling. These tools support the inspector's work and do not replace the inspector's own assessment: each Report constitutes the professional opinion of the inspector, not of any software used to assist in its preparation. The use of such tools does not alter our obligations under clause 11.

16. Report delivery. Unless a different date is stated in the Quote/Cost Estimate, we will use reasonable endeavours to deliver your Report on the same day as the inspection is completed. Delivery may occur outside ordinary business hours, including during the evening of the inspection day, and release of your Report remains subject to clause 57.

17. Electronic delivery. Reports and other documents are delivered electronically, by email or via our client portal, and are treated as delivered when sent to the email address you provided at booking or when made available to you in the portal. You are responsible for the accuracy of the contact details you provide and for checking spam or junk folders.

18. Site imagery. You authorise us to capture photographs, video and (where applicable) drone imagery of the Premises in the course of performing the Services, and we own all imagery we capture. Imagery may be retained and used for preparing the Report, quality assurance, training, insurance purposes, and responding to or defending any complaint, dispute or claim.

19. Timing. We will advise you of any anticipated delay in providing a Service. Any timeframes we give, including the estimated time to complete the Services requested at booking, are estimates only and are indicative.

PART C: YOUR OBLIGATIONS

20. Authority for approval decisions. You must nominate a single individual with authority to give instructions or approvals to us. If you wish to delegate approval or authority to a third party (including a property agent, a facilities or building manager, or a key-holder), you must first provide us with written confirmation of their contact name, status and the basis on which we may accept instructions or approvals from them.

21. Bookings made on your behalf. Where a real estate agent, lawyer, family member or other person books the Services for you, that person warrants that they have your authority to accept these terms on your behalf, and you are bound by them as the named client.

22. Consents. You must make your own enquiries about any consents required to enable us to access the Premises to perform the Services, including:

(a) landlord consent, where you are a tenant; and

(b) any other consent from a third party in connection with the Premises,

and you must arrange for all such consents to be obtained at your sole cost.

23. Access for inspection. You must provide safe, unobstructed access to the Premises and, for sub-floor and roof cavity inspections, to opening access doors or hatches to crawl spaces. “Reasonable access” has the meaning given in clause 1.5 and Table 1 of NZS 4306: roof space access requires a minimum 450 x 400 mm access manhole and 600 x 600 mm crawl space, accessible from a 3.6 m ladder; subfloor access requires a minimum 500 x 400 mm access manhole and vertical clearance of 400 mm under a timber floor or 500 mm under a concrete floor; and the roof exterior must be accessible from a 3.6 m ladder or other means meeting health and safety requirements. Areas without reasonable access at the time of inspection will be excluded from the Report.

24. Premises preparation. You must arrange the following before we commence the Services:

(a) Access: access to the Premises, including gate access where applicable;

(b) Alarms: deactivation of alarm systems;

(c) Dogs and animals: dogs and other animals adequately restrained, crated or located in a closed environment (for example a garage or kennel) while the Services are performed;

(d) Obstructions: removal of obstructions to access to the Premises, to opening access doors for sub-floor and roof cavities, and at the exterior for access to the roof; and

(e) Utilities: electricity, water and (where applicable) gas connected and switched on, so the visual operation of accessible services can be assessed. If a utility is not connected and on, the related items will be excluded from the Report.

25. Accessory units and ancillary spaces. You must identify for us any accessory units and any ancillary spaces or buildings that you require to be included in the inspection.

26. Accuracy of information. You must ensure that the information you (or anyone booking on your behalf) provide about the Premises and the scope of Services you require is complete and accurate.

PART D: BUILDING INSPECTION REPORT SERVICES

27. Report compliance. Written Building Inspection Reports are carried out in accordance with NZS 4306 on an “exceptions or information” basis: the Report lists significant faults or defects visible at the time of inspection, rather than every item found to be in acceptable condition. A Report is not a statement that the Premises comply with the requirements of any statute, act, regulation or bylaw, is not a Code Compliance Certificate or Certificate of Acceptance under the Building Act 2004, and is not a warranty against problems developing after the date of the Report.

28. Certificate of inspection. Each Building Inspection Report is accompanied by a certificate in the form of Appendix B of NZS 4306, confirming that the inspection was carried out in accordance with that standard.

29. General reliance. Reports are intended to be relied upon as a general guide to the overall condition of the Premises as at the date of inspection. A Report is not a warranty or guarantee of the current or future performance, or fitness for purpose, of the building, structure, systems or component parts comprising the Premises. To avoid doubt, Reports do not include any statement or confirmation as to:

(a) the fitness for purpose or workmanship quality of any system, including electrical, air conditioning, heating, plumbing, septic tank, solar, alarm, fire protection, audio visual or any other system (Systems);

(b) the quality of the design of any Systems; or

(c) the quality, appropriateness, placement or location of the components of any Systems.

30. Visual and non-invasive inspection. A Report is based on a visual, non-invasive inspection only of those areas of the Premises to which reasonable access (clause 23) is available at the time of inspection, being, as applicable:

(a) the site, including retaining walls, paths, steps, driveways, fencing and surface water control;

(b) the subfloor;

(c) the exterior of the building, including wall cladding and joinery, chimneys, stairs, balconies and decks;

(d) the roof exterior, where accessible from a 3.6 m ladder (or by drone imaging under clause 40);

(e) the roof space and ceiling cavity;

(f) the interior of the building;

(g) services, by visual identification and assessment of accessible services only, in accordance with clause 2.3.7 of NZS 4306; and

(h) accessory units and ancillary spaces and buildings identified by you under clause 25.

31. Multi-unit premises. For multi-unit Premises (including unit title, cross-lease and company-share dwellings), we inspect and assess only the interior and the accessible parts of the immediate exterior of the particular unit, together with related accessory units identified under clause 25. Common property is not inspected; any inspection of common property is a special purpose inspection requiring a separate written engagement.

32. Sample components. We may report on a sample set of building components only. A Report is not an exhaustive report on all building components.

33. Floor level readings. All readings taken for the purposes of a Report are indicative only and are not warranted to be a true floor level of the Premises.

34. Moisture readings. We use our reasonable industry knowledge to assess moisture levels at the Premises. All moisture testing performed as part of a building inspection is non-invasive, and we do not warrant that moisture ingress is not present at the Premises. Where we identify concerns and recommend invasive moisture testing, that testing is an additional scope of services (see Part F) or may be referred to a specialist at your cost and discretion.

35. Limited inspections. Where we cannot access an area of the Premises, we will exclude that area from the final Report and state that it was not inspected.

36. Building Inspection Report exclusions. Unless expressly included in the Quote/Cost Estimate, a Report excludes inspection or reporting on the following (this list is not exhaustive, and any additional exclusions will be stated in the Report):

(a) destructive or invasive testing (unless engaged under Part F), including wall opening;

(b) weathertightness surveys, weathertightness certification, or any warranty as to weathertightness (see clause 37);

(c) excavation;

(d) roof areas where access exceeds the use of a 3.6 m ladder and drone imaging is not included or is unsuitable;

(e) testing under furniture, floor coverings or appliances;

(f) disassembly of equipment or appliances;

(g) asbestos testing or identification;

(h) methamphetamine and other drug residue testing, screening or identification;

(i) determination of live borer, termite or other infestation (see clause 38);

(j) concealed, submerged, buried, camouflaged, embedded or otherwise inaccessible components or areas (including plumbing, drainage, septic/sewerage, private water, heating, air conditioning, ducting, framing, ventilation, insulation, wiring or reticulated services);

(k) commentary, reporting or analysis of minor faults or defects or of routine maintenance requirements (including wear and tear), consistent with the definition of “minor fault or defect” in NZS 4306;

(l) common areas and common property (including at cross-lease Premises, unit titles and multi-unit dwellings);

(m) sheds and outhouses, unless identified under clause 25 and included in the Quote/Cost Estimate;

(n) solar and photovoltaic systems;

(o) building code compliance or other regulatory compliance (including local or territorial consents or resource consents);

(p) seismic performance or seismic risk;

(q) matters excluded from the scope of NZS 4306 by clause 1.3 of that standard, including legal title, building warrant of fitness and compliance schedule services, planning, resource consent and building consent issues, long-term maintenance planning, rental property tenancy inspections, heritage obligations, and compliance with body corporate rules, cross-lease memoranda or occupation agreements; and

(r) any other matter we expressly limit or exclude in the Report.

37. Weathertightness risk. The inspector considers visible weathertightness risk factors when assessing the Premises. That consideration is not a weathertightness survey, moisture ingress investigation or weathertightness certification, and no statement in a Report is a warranty that the Premises are or will remain weathertight.

38. Pests. The inspector may note visible evidence of insect or pest infestation (for example borer flight holes or rodent activity) in accessible areas. A Report does not determine whether any infestation is live or extinct and is not a pest inspection. If evidence of infestation is noted, you should engage a specialist.

39. Specialist recommendations. We may include recommendations in a Report for specialist advice or assessments to be performed in respect of matters noted for concern. The contents of our Report are not reliant on such additional independent advice, and you undertake such additional services at your own cost and discretion. If you choose not to obtain a recommended specialist assessment, you accept the risk of matters that assessment would have identified.

40. Drone roof imaging. Where roof areas cannot be safely accessed from a 3.6 m ladder, we may (at our discretion, and weather permitting) capture roof imagery by drone as part of the building inspection. Drone operations are conducted in accordance with the Civil Aviation Rules and may be limited, rescheduled or cancelled due to weather, airspace restrictions, or the absence of any consent required to operate over neighbouring property.

41. Limits of drone imaging. Drone imaging provides a visual overview of the roof only. It does not involve physical testing of the roof or its fixings, and any areas not visible in the captured imagery remain excluded from the Report.

PART E: HEALTHY HOMES REPORT SERVICES

42. Report compliance. Healthy homes inspection Reports are prepared in accordance with the Healthy Homes Standards. Healthy homes assessments are not building inspections and are not carried out under NZS 4306.

43. Visual inspection. Healthy homes inspections are based on visual inspections only and are limited to the aspects of the Premises prescribed by the Healthy Homes Standards, being heating; insulation; ventilation; moisture ingress and drainage; and draught stopping.

44. Healthy homes Report exclusions. A healthy homes inspection is limited to the five aspects listed above and does not comment or report on the following (this list is not exhaustive, and any additional exclusions will be stated in the healthy homes Report):

(a) other identifiable issues that may affect the wellbeing or health of occupants of residential tenancy Premises;

(b) probe or destructive testing;

(c) testing under furniture or appliances;

(d) disassembly of equipment or appliances; and

(e) any other matter we expressly limit in the Report.

PART F: INVASIVE TESTING SERVICES

45. Invasive testing. Invasive testing is not a standard service. We may provide it from time to time, on a case-by-case basis, where you expressly request it (or we recommend it) and we expressly accept the engagement in a Quote/Cost Estimate, and we may decline any request for invasive testing at our discretion. Where we accept an engagement to perform invasive testing to identify locations of water ingress or water leakage, the following apply:

(a) before testing begins, you must confirm, on behalf of yourself and all other owners of the Premises, consent to the removal of core samples of framing or linings to perform the testing;

(b) we will reinstate sample points with a standard patch or plug only; we are not responsible for decorative reinstatement or invisible repair of surfaces or finishes;

(c) invasive testing must not be relied upon as a weathertightness report, assessment or opinion in any way; and

(d) results relate only to the specific locations tested, as at the date of testing.

PART G: BUILDER'S WALKTHROUGH SERVICE

46. No Report basis. Our builder's walkthrough service is an accompanied tour of a property nominated by you. Observations about works or remedial actions made by us or our Personnel are supplied on an “as is” basis via a visual inspection and on a “no Report” basis. We will not supply any written Report in connection with this category of service. To avoid doubt, a builder’s walkthrough is not supplied to the level of detail required by NZS 4306.

47. Verbal observations. Verbal comments and observations supplied during a builder's walkthrough are informal observations only, and neither you nor any third party should rely on them as a substitute for a Building Inspection Report Service. Nothing in this clause limits your rights under the Consumer Guarantees Act 1993 (see Part K). If you require a report you can rely on, engage a Building Inspection Report Service.

PART H: USE OF REPORTS

48. Confidentiality and exclusive use. The information and contents of any Report are confidential, are for the exclusive use of you and any nominated additional addressee, and are valid only as at the date of issue. We disclaim all responsibility, and accept no liability, for use of a Report by any party other than you or a nominated addressee agreed as at the date of the Quote/Cost Estimate or later agreed by us in writing.

49. Intellectual property. The Inspected Residential trade marks, branding, report templates, systems and methodology are owned by the Brand Owner  and are used by us under licence, and nothing in the Contract gives you any rights in them. As between you and us, we own all intellectual property rights in each Report, including the inspection findings recorded in it. You have a non-exclusive, non-transferable licence to use your Report for the purpose for which it was commissioned, being your own decision-making in respect of the Premises. You must not reproduce, publish or supply the Report, in whole or in part, for any other purpose without our prior written consent.

50. Report addressee and re-issue. If you wish a Report to be re-issued to, or extended to cover, an alternative or additional addressee (for example another prospective purchaser, a lender or an insurer), you must obtain our express written consent. A re-issue fee may apply, and we will require the new addressee to accept these terms.

51. Reassignment of Reports. You authorise us to reassign or re-issue a Report in the name of an alternative or additional addressee, whether at your request, at the request of a third party, or at our own initiative, provided that:

(a) the reassignment does not, in our reasonable opinion, create a conflict of interest between our duties to you and our duties to the proposed addressee;

(b) we act reasonably and have regard to your legitimate interests as the commissioning client; and

(c) the proposed addressee accepts these terms as they apply to Reports, and a reassignment fee may be charged to the party requesting the reassignment,

and a reassigned Report remains our opinion as at the original inspection date, with clauses 48 and 52 applying to it and to each addressee. We may also carry out new inspections of the same Premises for other customers at any time.

52. No future warranty. A Report provides our opinion as at the date of the applicable inspection. A Report, and any assessment provided in connection with the Services, is not a warranty against issues, defects or problems that were not identifiable on a visual, non-invasive inspection, or that develop after the date of performance of the Services.

53. Attendance in third-party disputes. If we or our Personnel are required to attend any negotiation, mediation, tribunal or court proceeding, or to produce documents, in connection with your use of a Report in a dispute with a third party (and we are not a party at fault), you must pay our reasonable fees and expenses for the time involved at our then-current rates.

PART I: PAYMENTS AND INVOICING

54. Amounts owing payable on due date. All amounts specified in an invoice for the Services require payment on or before the due date specified in the invoice issued by the Billing Agent (Amounts Owing).

55. GST. Unless the Quote/Cost Estimate or invoice expressly states otherwise, amounts stated in a Quote/Cost Estimate or invoice are inclusive of GST. Where any amount is stated as exclusive of GST, GST is payable in addition.

56. Currency. All prices, fees and other amounts under the Contract are stated and payable in New Zealand dollars.

57. Invoice payable prior to Report release. All Amounts Owing are payable in advance of the release of a Report, unless we expressly agree otherwise in writing, and we may withhold release of a Report until payment has been received in full. Reports may be released by either of the following methods:

(a) payment-gated release: the Report is made available to you automatically, by secure link or through our client portal, immediately upon our payment system confirming receipt of your payment in full; or

(b) manual release: we issue an invoice to you, and the Report is sent to you once payment of that invoice has been received in full,

and in each case payment is treated as received when the Billing Agent’s payment provider confirms the transaction or cleared funds arrive in its account. If a payment is declined, reversed or charged back after a Report has been released, the amount immediately becomes due and payable as an Overdue Amount Owing under clause 61, and your licence to use the Report under clause 49 is suspended until payment in full is received.

58. Card and payment surcharges. We may on-charge third-party transaction fees associated with online card payments as a surcharge, limited to our actual cost of accepting that payment method. The applicable percentage will be published on our website or your invoice and will be that current as at the date of the applicable booking. We will not apply any surcharge that the law prohibits.

59. No set-off or deduction. Amounts Owing which are due and payable must be paid without set-off or deduction of any kind.

60. If you dispute an invoice. If you receive an invoice and consider that you owe a lesser amount than the stated Amount Owing, you must notify us within five (5) Business Days of receiving the invoice. You are not entitled to withhold payment of any undisputed Amount Owing.

61. Overdue amounts and default interest. If you do not pay an Amount Owing by the due date, or by any later date we have agreed in writing, it becomes an Overdue Amount Owing. After a period of five (5) Business Days, we may charge default interest on the Overdue Amount Owing at 14% per annum, calculated daily from the due date until payment in full, before and after any judgment. Default interest is charged by us and may be calculated, invoiced and collected on our behalf by the Billing Agent under clause 54; this does not make any other member of the Network a party to the Contract.

62. Debt collection and recovery costs. If an Overdue Amount Owing remains unpaid for fourteen (14) Business Days or more, we may engage a debt collection agency or solicitor to recover it. You will be liable for the reasonable costs we incur in collecting any unpaid amounts, including legal costs, debt collection fees and reasonable internal administration fees.

63. Administration fees. If we are obliged to take additional steps to recover monies owed by you, we may charge reasonable administrative fees for phone calls, texts, emails and in-person visits made to follow up and recover any Overdue Amount Owing, in addition to the costs described above.

64. Suspension. We may suspend performance of any Services, including the release of any Report, while any Amount Owing remains overdue.

PART J: VARIATIONS, CANCELLATION AND MISSED APPOINTMENTS

65. Variations to price. We may issue a variation order changing the price to complete the Services where the scope extends beyond that described at booking, including where the Premises comprise additional dwellings, or a larger area, than that on which our Quote/Cost Estimate was based.

66. Missed appointment fees. If we attend the Premises on the agreed date and at the agreed time and you have failed to make the necessary arrangements, or to meet your obligations under Part C, resulting in us being unable to perform the Services at that time, the Missed Appointment Fee will be invoiced to you and the Billing Agent may deduct this from any pre-payment and refund the balance to you.

67. Cancellation by you. If you request cancellation of a Service, you must provide us with no less than forty-eight (48) hours' notice. If such notice is not given, the Billing Agent may deduct an amount equal to the Missed Appointment Fee from any pre-payment and refund the balance to you.

68. Cancellation by us. Without prejudice to our other remedies at law, we may terminate the Contract (including any part of the Services that remains unfulfilled) and will not be liable to you for any delay, loss or damage suffered by you due to us exercising our rights under this clause, where:

(a) inability to access Premises: we are denied access to, or are unable to access, the Premises to carry out the Services and we cannot reschedule access to a later date;

(b) health and safety: we assess that the means of access to the Premises, or the whole or part of the Premises, is unsafe and would breach the relevant requirements under applicable health and safety legislation (including the Health and Safety at Work Act 2015), and the safety concerns or issues cannot or will not be remedied by you; or

(c) no consent: we cannot obtain the consent required from you to perform invasive testing (where applicable),

and if we terminate under this clause we will refund any pre-payment for Services not performed, less any Missed Appointment Fee properly payable.

PART K: CONSUMER LAW

69. Consumer Guarantees Act. If you acquire the Services for personal, domestic or household use, nothing in these terms limits, excludes or modifies any right or guarantee you have under the Consumer Guarantees Act 1993, or any other right that cannot lawfully be excluded, and these terms (including Parts L and N) apply subject to those rights.

70. Clients in trade. If you acquire, or hold yourself out as acquiring, the Services in trade you agree that:

(a) the guarantees in the Consumer Guarantees Act 1993 do not apply to the Services, as permitted by section 43 of that Act; and

(b) sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to the Contract or to any conduct or representations connected with it, as permitted by section 5D of that Act,

and both parties confirm that they are in trade and agree that it is fair and reasonable that they are bound by this clause.

PART L: LIMITATION OF OUR LIABILITY

71. Limit of liability. Subject to clauses 69 and 74, our total aggregate liability to you for loss arising out of or in connection with the Services, whether in contract, under any indemnity, in tort (including negligence), by statute or otherwise at law or in equity, is limited to an amount equivalent to the fees paid or payable by you for the applicable Services performed under these terms except that, to the extent any such loss is covered by professional indemnity insurance maintained by us, our liability for that loss is instead limited to the amount we are entitled to recover under that insurance (less any applicable excess or deductible).

72. Exclusion of indirect loss. Subject to clause 69, and to the fullest extent permitted by law, we exclude all liability to you for any indirect claims, expenses, losses, damages and costs (including any incidental, special and/or consequential damages, loss of profits, loss of anticipated savings, loss of opportunity or loss of expenses) suffered or incurred by you, arising directly or indirectly in connection with the Services.

73. Proportionate liability. Our liability to you is reduced to the extent that any act or omission of you, or of any third party (including a vendor, real estate agent, builder, tradesperson or specialist), caused or contributed to the loss.

74. When limitations cannot apply. Nothing in this Part limits our liability to the extent that it cannot be limited at law, or to the extent that it arises out of or in connection with any wilful default, fraud or criminal conduct by us.

PART M: FORCE MAJEURE

75. Force majeure. Neither party is liable for any delay or failure to perform its obligations (other than an obligation to pay money) to the extent caused by an event or circumstance beyond its reasonable control, including any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, earthquake, port closure or border closure, any national or global epidemic or pandemic effects, or the implementation of any regulation, directive, rule or measure by any government, state or other authority. The affected party must promptly notify the other and use reasonable endeavours to mitigate the effects. If a force majeure event continues for more than 30 days, either party may cancel the affected Services, and we will refund any amounts paid for Services not performed.

PART N: DISPUTES AND COMPLAINTS

76. Notice of dispute. If either party considers that a dispute has arisen in relation to any matter governed by the Contract, that party must give the other written notice outlining the basis of the dispute within ten (10) Business Days of becoming aware of the matter. For a dispute about the content of a Report, notice must be given within ten (10) Business Days of the date you receive the Report or become aware of the matter, whichever is later.

77. Re-inspection before remedial works. If your dispute concerns an alleged defect, error or omission in a Report or the Services, you must give us a reasonable opportunity to re-inspect the Premises before any remedial or invasive works are carried out (other than urgent works necessary for safety), so the matter can be assessed. If you carry out or permit works that prevent re-inspection, we will not be liable to the extent our ability to assess or remedy the matter has been prejudiced.

78. Resolution process. The parties will first attempt in good faith to resolve the dispute by direct discussion. If the dispute is not resolved within ten (10) Business Days, either party may refer it to mediation by a mediator agreed between the parties or, failing agreement, appointed by the Resolution Institute. Neither party may commence court proceedings (other than for urgent interlocutory relief or the recovery of undisputed debts) until mediation has been attempted. Nothing in this clause prevents you from exercising your rights under the Consumer Guarantees Act 1993 or from applying to the Disputes Tribunal.

79. Remedies. Where we accept that the Services did not comply with the Contract, we may re-perform the relevant Services or refund the amounts paid for them. This clause does not limit any remedy you have under the Consumer Guarantees Act 1993 or that otherwise cannot be excluded (clause 69).

PART O: PRIVACY

80. Collection and use of personal information. You authorise us and our agents to collect, use, retain and disclose personal information (as defined in the Privacy Act 2020) about you and your personnel, provided to us by you or by them, for the following purposes:

(a) providing the Services and administering the Contract;

(b) exercising our rights and performing our obligations under the Contract;

(c) direct marketing (including by email and other electronic means), unless you notify us that you do not wish to receive direct marketing from us;

(d) sharing personal information with other members of the Network where reasonably required for the performance of our obligations or the exercise of our rights under the Contract, for the operation of shared booking, reporting and administration systems, or for administration and quality assurance of the Inspected Residential brand; and

(e) giving effect to any reassignment or re-issue of a Report under clause 51.

81. Storage of information. Personal information and inspection data may be stored and processed using reputable third-party service providers, including cloud service providers located outside New Zealand. Where personal information is held by an overseas provider, we take reasonable steps to ensure it is subject to privacy safeguards comparable to those under the Privacy Act 2020.

82. Your privacy rights. If you are an individual, you have the right under the Privacy Act 2020 to access, and to request correction of, personal information we hold about you. If you provide personal information about another person (including your personnel), you confirm that you are authorised to do so, and that you have informed that person of the purposes above and of their right to contact us to access and, if applicable, request correction of the information we hold about them. Our privacy practices are set out in our Privacy Policy, available on our website.

PART P: GENERAL

83. Governing law. The Contract is governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the courts of New Zealand (subject to the jurisdiction of the Disputes Tribunal and of any other tribunal with statutory jurisdiction).

84. Severability. If and to the extent that any provision, or part of a provision, is illegal or unenforceable, that provision or part will be severed from the Contract and will not affect the continued operation of the remaining provisions.

85. Entire agreement. The Contract sets out the entire agreement between the parties in respect of the Services. This clause does not exclude or limit any liability or right arising under the Fair Trading Act 1986 or the Consumer Guarantees Act 1993 that cannot lawfully be excluded.

86. Variation of these terms. We may update these terms from time to time. The version current at the date of your booking applies to that booking.

87. Assignment. We may assign or transfer the Contract to another member of the Network, or to a purchaser of our business, provided the assignee assumes our obligations under it. You may not assign your rights under the Contract without our prior written consent.

88. Waiver. A failure or delay by a party in exercising any right under the Contract does not operate as a waiver of that right.

89. Notices. Notices under the Contract may be given by email: to us at admin@inspectedresidential.co.nz, and to you at the email address you provided at booking. A notice sent by email is deemed received at the time of transmission or, if sent after 5.00 pm or on a non-Business Day, at 9.00 am on the next Business Day.

90. Survival. Parts H, I, K, L, N and O, this Part, and any other provision which by its nature should survive, survive completion, cancellation or termination of the Contract.

91. Electronic acceptance. The parties agree that any legal requirement may be met by using electronic means in accordance with the Contract and Commercial Law Act 2017. In this clause, “legal requirement” has the meaning given to it by section 219(2) of that Act.

END OF TERMS

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