2) No liability for any defect related to “leaky building” syndrome

It is agreed that Property Check is not liable for any loss, cost, defect or damage whatsoever to any building, structure, person or animal whether identified or not identified in the building inspection, nor any claim, defense cost or inquiry cost, which is directly or indirectly caused by or contributed to by, or arises directly or indirectly out of:
a) the actions or effects of mould, fungi, mildew, rot, decay, gradual deterioration, micro-organisms, bacteria, protozoa or any similar or like forms in any building structure; or
b) the failure of any building or structure to meet or conform to the requirements of the New Zealand Building Code contained in the first schedule to the Building Regulations 1992 (or any amendment or substitution therefore) in relation to:
i external water or moisture; or
ii either durability or protection from external water or moisture entering that building or structure, or the effects thereof; or
c) any failure to discover or identify any defect or damage or for the exaggeration or minimization of any defect or damage of the type referred to in b or c above.

3) Without limiting the generality of Clause 1 hereof, the Customer acknowledges that the inspection does not cover the following items and Property Check accepts no liability whatsoever for these items:

i. Items not listed on the attached checklist or not commented upon.
ii. Latent defects, i.e. defects that are not visible or concealed in any way, not visible to the naked eye, dormant or existing but not developed or manifested.
iii. The electrical installation and appliances including but not limited to wiring, meter board, plugs, switches etc. Inspection by an approved Electrician or Power Board is recommended by Property Check .
iv. Whether swimming pool/spa pool fences comply with Council or statutory regulations. Property Check will, upon written request, and for an additional fee to that for this report, make inquiries of the local Council relating to matters controlled by them in respect of swimming pool/spa pool fences.
v. The construction and/or drainage of swimming pool/spa pools. Property Check does however conduct a basic check of the condition of the pool filter system when possible (excluding electrics).
vi. Whether there has been compliance with building permits or consents or whether illegal works have been carried out. Matters which may be ascertained via Land Information Memorandum searches are not included as part of this report nor are searches of Council records.
vii. The accuracy of fence lines, boundary lines or survey pegs.
viii. Property Check does not carry out any tests, purport to have specialist knowledge, or to be licenced or authorized to make any statements, relating to anything involving chemicals or harmful elements or substances (including but not exclusively asbestos). Whilst this report may refer to portions of the property or proprietary named products that may include such chemicals or harmful elements or substances or products based upon such items, no specific or chemical tests are carried out as part of this report to ascertain if they do.
ix. testing or the testing of sockets, does not form part of this report.

3) The Customer accepts that Property Check’s limited liability in respect of any claims made against it is limited to the greater of the statuary remedies provided in the Consumer Guarantees Act 1993 or the cost of this report.

4) On receipt of this report the Customer acknowledges they are liable for the full cost of the inspection and will pay Property Check in full upon delivery of the report.

5) The contents of any written report or other work prepared by Property Check is confidential and has been prepared for the sole use of the client/customer and shall not be relied upon by third parties. Property Check accepts no responsibility for anything done or not done by third parties, whether wholly or partially on any of the contents of Property Check advice.

6) The Customer acknowledges that they will be liable for all costs incurred by Property Check in the event of their having to take steps to recover the debt, including but not limited to legal expenses and shall be liable for interest at the rate of 2% per month from the date of delivery of the report in the event of payment not being made at that time.

7) The Customer acknowledges that the checklist and format of the report is protected by copyright and any attempt to copy or reproduce the report or supplying the report to any other party for any purpose, including copying or reproducing will be considered a breach of that copyright. It is acknowledged by the Customer that the purpose of this report is solely for their own information as to the state of the items in the property listed in the attached checklist and may the report may not be used by any others without written permission. Property Check accepts no liability to third parties who may act on the contents of this report.

Where Property Check is referred to in this agreement, it is acknowledged by the customer that this refers to the Property Check business employed by the customer in the respective area of the property inspected and included in the terms and conditions attached to the Property Check report.

We/I the Customer acknowledge that the receipt of this report is deemed to be an acceptance of the terms and conditions contained within.