Grahn Building Limited

Property Inspections Terms and Conditions of Service

 

 

1.     DEFINITIONS

1.1    In these Terms and Conditions:

(a)  “Agreement” means any booking for the Services, and these Terms and Conditions.

(b)  “We” or “Us” means Grahn Building Limited and its successors and assigns.

(c)  “You” means the person, firm, company or other entity buying Services from us.

(d)  “Services” means our property inspection Services.

 

2.    PRICE

2.1   The flat rate service fee of $575 is inclusive of GST and is applicable to a single dwelling of up to 210m2. We reserve the right to contact you if the property for inspection is outside of these specifications.

2.2  Price plus tax: You will pay the price indicated on our booking platform, invoice, order form or other similar document issued by us (“Price”), together with the amount of any Goods and Services Tax or any other tax which may be payable in respect of the supply of Services or otherwise under these Terms and Conditions.

2.3  Cancellations and refunds:  You may cancel your booking for Services and you will receive a refund of the paid price if you cancel at least 24 hours before the time of your appointment  – less $20 administration fee to cover stripe processing fees. Late cancellations will be refunded less a $50 administration fee.  All cancellation requests must be made via our booking platform.

2.4  Rescheduling: You may reschedule your appointment via our booking platform at least 24 hours before the time of your appointment. Late rescheduling requests are at our discretion.

2.5  Cancellation or rescheduling by us: We may need to reschedule or cancel your booking in limited circumstances. If we do cancel you will receive a full refund.

 

3.    PAYMENT

3.1   Payment in advance: All Services will require payment at the time of booking.

  • Website payments: Payments you make via our booking platform are processed by Stripe Inc and its global affiliates (“Stripe”). Payments are processed in NZ Dollars. If you pay by credit card via Stripe you agree to indemnify us against any default by your credit card company to make payment to us in full.

 

4.    PENALTY FOR LATE PAYMENT

4.1   Default: If for any reason we provide you with credit, if you fail to make payment in full of any amount payable pursuant to this Agreement on the due date that will constitute a default. In cases of default and without prejudice to any of our other rights or remedies, simple interest at 1.5% per month will be payable on demand from the due date until payment.

4.2  Legal costs: You will indemnify us against all loss, costs and expenses, including legal costs on a solicitor/client basis, which we may suffer or incur as a result of any failure by you to make due and punctual payment.

 

5.    YOUR OBLIGATIONS

5.1   Access: You will arrange for us to be given access to all parts of the property that you want us to inspect. Our report will be limited to the parts of the property that we are able to access.

 

6.    LIABILITY AND DISCLAIMERS

6.1   Limitation of liability:

(a)  We will have no liability for unsatisfactory Services unless you notify us in writing of your claim within 30 days after performance of the Services;

(b)  We will have the option, exercisable at our discretion, to replace or give credit for any services in respect of which any claim is made or proven or to refund a portion of the price paid for the Services, thereby fully discharging all our legal liability;

(c)  If either party is liable for direct losses arising from a breach of this Agreement or for negligence, the liable party’s obligation to pay damages or losses is limited to the Price paid for the Services to which the liability relates.  This limitation does not apply to any loss or damage caused by fraud, wilful breach or wilful damage;

(d)  We are not liable for any loss caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss;

(e)  Notwithstanding any other provision of this agreement, neither party will be liable for indirect, special, consequential or similar damages or losses, including but not limited to loss of profit or revenues or other financial or economic losses of any kind and whether or not the other party has been advised of the potential for such damages.

  • Exclusions and Disclaimers:

The following exclusions and disclaimers apply to our Services, which comprise an inspection and resulting written report:

  • This will be a report of a visual, non-invasive inspection of the area, site and buildings that are accessible at the time of inspection. Areas that are not accessible at the time of inspection will be clearly stated within the report. Any area or component of the building or any item or system not specifically identified in the report as having been inspected is excluded from the scope of the inspection. Please note that without visible signs of water damage, it is not possible to identify potential roof leaks if the inspection is carried out during fine weather.

  • The report will not be a technically exhaustive investigation nor is it practicable to itemise or identify every defect.

  • The report is only based on items that are readily visible at the time of the inspection. The inspection does not include any areas or components that are concealed or closed in behind finished surfaces (such as plumbing, drainage, heating, framing, ventilation, insulation or wiring) or that require moving anything that prevents clear access or causes limited visibility (such as floor coverings, appliances, personal property, or vegetation).

  • The inspection does not assess compliance with the NZ Building Code.

  • The inspection does not assess compliance with local body by-laws.

  • The inspection does not assess weathertightness.

  • This inspection does not assess the operation or compliance of open fires and wood burners.

  • The purpose of the inspection is to assess the general condition of the building based on the visual inspection as described above, this report may not identify all past, present or future defects.

  • Heating sources: These may be noted but are not tested to be operational or compliant. It is recommended that all fires and heating systems are checked and serviced by an independent specialist.

  • Electrical: Electrical sockets and lighting that is accessible will be tested. We will comment on the type of wiring that is visible in the sub floor and ceiling space and photograph the switch board. Full electrical circuit testing will not be carried out. It is recommended that all electrical work is inspected by a qualified registered electrician.

  • Plumbing: Where possible, wet areas will be tested (taps, mixers, wastes). We will comment on the overall visible plumbing condition throughout the property. Pressure testing will not be carried out. It is recommended that all plumbing work is inspected by a qualified plumber.

  • Commenting on the structural integrity of any retaining walls or ground stability is outside the scope of our report.

  • Our report will be valid for 30 days from the date of inspection.

  • Our report is for your eyes only. It is not to be copied, on-sold or relied upon by a third party.

  • Our report is not a recommendation as to the advisability of purchase.

 

7.    GENERAL

7.1   Events outside our control: If any cause beyond our reasonable control including but not limited to order of a government or other authority, strike, lockout, labour dispute, delays in transit, difficulty in procuring components or equipment, pandemic, embargo, accident, emergency, act of God interfere with our performance of any of our obligations under these Terms and Conditions then we may at our sole discretion suspend our performance of any such obligation or cancel any contract for the purchase of Services and we will not be liable to you in any respect.

7.2  Waiver: These Terms and Conditions remain in force notwithstanding any neglect, forbearance or delay in enforcement.  We will not be deemed to have waived any condition unless such waiver will be in writing and such waiver will only apply to the particular transaction to which it refers.

7.3  Severability: If any clause or provision of these Terms and Conditions will be held illegal or unenforceable by any judgment of any Court or Tribunal having competent jurisdiction, such clause will not apply to this Agreement.  The remaining provisions of this Agreement will remain in full force and effect as if the clause or provision held to be illegal or unenforceable had not been included.

  • Privacy Policy: Any personal information collected by us in connection with this Agreement will only be used or disclosed for the purposes of ensuring performance of this Agreement and any future like arrangement or arrangements. This may include disclosure within our organisation and to other parties involved in performing the Services. We agree to comply with relevant privacy laws in respect of any personal information collected in connection with the provision of the Services and any future like arrangement or arrangements. Because we use Stripe to process payments, you consent to and understand that your personal information may be sent to Stripe, and may be transferred, processed and stored outside of New Zealand.

7.5  Electronic Communications: You consent to receive commercial electronic messages from us.  If you wish to opt out of receiving these messages please use the “unsubscribe” function.

7.6  Confidentiality: Each party must keep confidential during the term and after termination of this Agreement the existence and terms of this Agreement and all information of a confidential or sensitive nature supplied by the other party to this Agreement except to the extent that disclosure is required by law or where such information is or becomes available in the public domain without breach by a party of its confidentiality obligations under this Agreement.  A party may disclose such information to its legal and other advisers, bankers and other persons who are subject to an obligation of confidentiality.