Terms of service

The terms and conditions that apply to every inspection, report and test supplied by F Home Solutions Limited. You agree to these when you book.

General terms and conditions of trade.

The following terms and conditions apply to all services supplied by F HOME SOLUTIONS LIMITED (hereinafter referred to as the “Company”) to you or any person acting on behalf of you (hereinafter referred to as the “Client”) from time to time.

For the purpose of these terms and conditions, the word “services” means all services, charges for work and labour done, of whatsoever nature, associated with supply of services to the Client.

The Client acknowledges and agrees that these terms of trade (“terms”) apply to all services supplied by the Company from time to time including any incidental supply of goods and any contract of supply arising between the Company and that the Client is bound by these terms.

General

The Client understands fully that all reports are completed in good faith. At no time do any reports replace the need for an engineer, weather tightness expert, building surveyor, quantity surveyor, asbestos technician, registered valuer, and the like. Recommendations are wholly based on a visual non-invasive inspection where access is available at the time of the site visit. Reports are completed using the expertise of the construction trade, and are limited as such. Recommendations and observations are expressly only as such, and at no point should any content be considered definitive.

The Company’s employees, agents or representatives are not authorised to vary these terms or make any representations, statements, conditions or agreements not expressed by the director of the Company in writing, and the Company is not bound by any such unauthorised variations, representations, statements, conditions and/or agreements.

These terms are subject in all cases to the provisions of the Electronic Transactions Act 2002.

The Company reserves the right to sub-contract its goods and/or services.

Acceptance

Any instructions received by the Company from the Client for the supply of goods and/or services and/or acceptance of goods and/or services by the Client shall constitute acceptance of these terms.

This includes the booking of a report online, via direct email, through a F HOME SOLUTIONS LIMITED team member or via the number for the company.

Price and payment

The price for the goods and/or services shall be the Company’s current price at the date of engagement.

Time for payment shall be at the time of booking the site visit and before the appointment. This may be concluded via electronic transaction via the website, or via providing the consultant on the number their credit card details which will be entered into the system (Stripe) at the time of booking. At no time will any credit card details be written down by a representative of the company. Alternatively payment may be made by the customer via direct credit using the details provided on the invoice.

Goods and services tax and any other taxes and duties which may be applicable will be charged by the Company on the cost of the goods and/or services supplied or to be supplied by the Company at the rates prescribed by statute and it is accepted by the Client as an addition to the cost of the goods and/or services unless otherwise specified.

The Client is not entitled to withhold payment nor make any set-off or deduction of any kind without the prior written consent from the Company.

If the Client defaults in payment of any accounts and/or moneys owed to the Company or in any of its obligations under these terms or under any other agreement, the Company may exercise any and all remedies afforded to a secured party by the Personal Property Securities Act 1999 (“PPSA”).

The Client is liable and hereby indemnifies the Company in respect to all costs and expenses (including solicitor/client costs) incurred by the Company in the recovery or attempted recovery of outstanding moneys and the enforcement of these terms.

Should a dispute arise between the Client and the Company, the Client waives the right to withhold any payments that are due. The Client must and shall make payment on time regardless of any pending actions or decisions.

Disclaimer

Any advice, recommendation, information, or assistance provided by the Company in connection with the goods or services is given in good faith and is based on information available at the time. While such information is intended to be helpful and is believed to be reliable, it is general in nature and should not be relied upon as a substitute for professional or specialist advice.

The Company makes no express or implied warranty that goods or services will be suitable for any particular purpose unless this has been specifically agreed in writing.

The Client accepts all risk and responsibility for consequences arising from the use of goods and/or services, whether singularly or in combination with other products, goods and/or services. The Client shall not make any claims for consequential damages. This clause does not apply to consumers to the extent that it is inconsistent with their rights under the Consumer Guarantees Act 1993.

This is a report of a visual only, non-invasive inspection of the areas of the building which are readily visible at the time of inspection. The inspection did not include any areas or components which were concealed or closed in behind finished surfaces (such as plumbing, drainage, heating, framing, ventilation, insulation or wiring) or which required the moving of anything which impeded access or limited visibility (such as floor coverings, furniture, appliances, personal property, vehicles, vegetation, debris or soil), or which access is not reasonably or safely available to carry out a visual inspection. This may include roofs, subfloor areas and ceiling cavities and high, constricted or dangerous areas for which inspection is not permitted by Occupational Safety and Health regulations.

The inspection did not assess compliance with the NZ Building Code including the Code’s weathertightness requirements, or structural aspects.

As the purpose of this inspection was to assess the general condition of the building based on the limited visual inspection described in (a), this report may not identify all past, present or future defects. Descriptions in this report of systems or appliances relate to existence only and not adequacy or life expectancy. Any area or component of the building or any item or system not specifically identified in this report as having been inspected was excluded from the scope of the inspection.

The Inspection:

is not a structural survey, engineer’s inspection, weathertightness expert inspection or a inspection on the building’s seismic safety.

does not assess compliance with the requirements of any legislation (including, any act, regulation, code or by-law) unless otherwise stated;

is not a geotechnical, site or environmental inspection. FHS makes no representation as to the existence or absence of any or “hazard” (as defined in the Health and Safety in Employment Act) or any “hazardous substance”, “natural hazard” or “contaminant” (as those terms are defined in the Resource Management Act) in the building or property;

FHS has not undertaken any title search and assumes all improvements are within the legal boundaries of the property. No survey of the property or any search of information held by the territorial authority or any other relevant authority has been undertaken. It is recommended that the customer conducts its own Land Information Memorandum or Council property file search.

If the property is a Unit Title property, the inspection and Inspection is limited to the actual unit and any accessory unit(s) and does not extend to the remainder of the building or the common areas.

Cancellation

The Company may terminate all credit facilities at any time by providing three (3) working days' written notice to the Client. The Company shall not be liable for any loss or damage arising from such termination. Termination does not affect any outstanding amounts owed by the Client, including any prepayments.

Refunds will not be provided except where required under New Zealand law.

The Client may cancel goods and/or services within three (3) working days of signing this document. A cancellation fee of 25% of the total price will apply, reflecting administrative and scheduling costs.

If a booked appointment cannot proceed due to lack of access, despite prior arrangements, the booking must be rescheduled. No refund will be provided, and any additional costs for rescheduling may be charged.

Risk and delivery

The Company’s delivery records shall be proof of delivery of goods of the quantity, quality and description stated therein. The Company shall not be under any liability whatsoever for the consequence of any delay in completion, dispatch or any delivery of any goods and/or the provision of services for any reason beyond their control. This includes reports delivered electronically.

Physical delivery of goods by the Company to the Client or to a carrier or other bailee (whether named by the Client or not) for the purpose of transmission to the Client constitutes delivery to the Client. Cost of delivery and transit insurance are at the Client’s expense unless specified to the contrary.

Risk in any goods supplied by the Company shall pass to the Client on delivery.

Intellectual property

All copyright and other intellectual property rights in all designs, products, goods and/or devices developed and/or any documentation prepared in the course of supplying goods and/or services to the Client is and shall remain the absolute sole and exclusive property of the Company and/or the Company’s contractors or licensors (as the case may be) unless otherwise agreed in writing by the Company and the Client.

Until such time as the Company has received or been tendered the whole of the price the property right in any goods and/or services remain with the Company. Upon the Client making payment in full of all moneys owing by the Client to the Company, the Company grants to the Client an irrevocable non-exclusive licence to use the intellectual property developed as a result of goods and/or services supplied by the Company for the Client without further fee or royalty unless otherwise agreed in writing by the Company and the Client. The term “use” means utilisation of all components that form part of the goods and/or services supplied to the Client solely for the intended purposes.

This report contains legally privileged information and is intended for the benefit of the client and their legal counsel only.

Warranties

Where the supply of goods and/or services by the Company is for business purposes, the provisions of the Consumer Guarantees Act 1993 shall not apply and the Company can give no warranty that the goods and/or services are suitable for the purpose for which the Client proposes to use them. All terms, conditions and warranties (whether express or implied) whether by the Company and/or its agents or employees, statute or otherwise (other than those mandatory warranties in the Fair Trading Act 1986 and Sale of Goods Act 1908 or other similar legislation) are expressly excluded.

The Client acknowledges and agrees that in supplying its goods and/or services the Company may rely upon information and advice supplied to it by the Client and/or the Client’s agents or employees. The Company shall not be liable in any way for work undertaken by the Company based upon incorrect measurements and/or advice received.

If any goods or services supplied by the Company are found to be defective or do not meet the guarantees under the Consumer Guarantees Act 1993, the Company will, at its option, repair, replace, or refund the item or service in accordance with its legal obligations.

If the Company, its agents, directors, officers, staff or contractors are found to be liable to the Client in any circumstances then the maximum combined amount such person shall be liable for to the Client under any contract or contracts is an amount equal to the lesser of: Price of the goods and/or services supplied to the Client.

The Company will not be liable for any damage or defect arising from:

Events beyond its reasonable control (e.g., natural disasters),

Alterations or repairs carried out by others without the Company’s prior approval, or

Situations where access was not available to complete the inspection or service.

Miscellaneous

If any provision of these terms shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

All goods and/or services supplied by the Company are subject to the laws of New Zealand and the Company takes no responsibility for changes in the law which affect the goods and/or services supplied. Any legal action shall be taken in the court district closest to the Company.

Where the Client is acquiring goods or services for business purposes (as defined in the Consumer Guarantees Act 1993), the parties agree that the Act does not apply.

The Client must give the Company at least 14 days prior written notice of any proposed change in name of the Client and/or any other change in the Client’s details including but not limited to changes in address, facsimile number, trading name, registered name or where an individual, an individual’s name whether by marriage, deed poll or otherwise.

Inspectors have no personal interest

We certify that our Inspectors have no interest, present or contemplated, in the property or its improvement and no involvement with trades people or benefits derived from any sales or improvements. To the best of our knowledge and belief, all statements and information in the report are true and correct.

Disputes

Should any dispute arise as a result of the inspection or report, it must be submitted to us in writing immediately but in any case, within ten working days of discovery.

You agree that upon raising a dispute the contents of the report may not be used to satisfy any terms of a sale and purchase agreement until the disagreement/dispute has been resolved.

You agree that if, after raising a dispute, you use the Inspection or report to make an unconditional offer or confirm a sale and purchase agreement, that you waive all of your rights to continue with the dispute, and/or raise any future dispute or claim against us.

In the event of a claim/dispute regarding damage to a home, you will allow us to investigate the claim prior to any repairs to the home be undertaken or completed. You agree that if you do not allow us to investigate the claims of damage before any repairs are carried out that you waive your rights to continue with and/or make any future claim against us.

In the event of any dispute, you agree not to disturb, repair, or attempt to repair anything that may constitute evidence relating to the dispute, except in the case of an emergency.

Any complaints will be subject to our internal complaints process.

Limitations of liability

Subject to any statutory provisions, if we become liable to you, for any reason, for any loss, damage, harm or injury in any way connected with the completion of the Inspection and/or report, our liability shall be limited to a sum not exceeding the cost of the Inspection and report.

Terms of trade

In consideration for us providing you with the Inspection and report, you agree:

Payment is due prior to the survey being undertaken and report released. Accounts not paid by the due date shall incur a late payment interest charge of 15% of the total amount owing for each calendar month the account is overdue, together with all debt collection costs.

All work in progress will be billed monthly, with a final invoice issued on completion.

If a quotation is given for the Inspection/report, any expenses incurred in addition to the quote, will be on the basis of cost to us, plus 12.5%.

If, after a subsequent quotation/estimate, any additional work is found to be required you will be contacted for your approval before any further work is completed.

We have no responsibility or liability for any cost, loss or damage arising from:

any errors or omissions from information, data or documents not prepared by us, our employees, or other persons under the direct control of us;

any act or omission, lack of performance, negligent or fraudulent act by you;

iii. any act or omission, lack of performance, negligence or fraud by any consultant, contractor or supplier to you, or any of your employees or agents.

That all commercially sensitive information obtained by either party during the preparation of the report shall remain confidential.

The contents of the report, or any other work prepared by us is confidential and has been prepared solely for you and shall not be relied upon by any third parties. We accept no responsibility for anything done or not done by any third party in reliance, whether wholly or partially, on any of the contents of the report. Any third party acting or relying on this inspection, in whole or in part does so at his or her own risk. FHS reserves the right to alter, amend, explain or limit any information given to any other party.

You shall pay all costs and expenses (including legal costs on a solicitor/Client basis) resulting from any breach of these terms of trade by you or the enforcement by us of these terms of trade.

a) The parties agree that the Laws of New Zealand govern these terms and conditions and proceedings taken by the other party shall be heard in the District or High Court in Auckland, New Zealand, regardless of the location of your place of business/residence.

Compliance with NZS4306:2005

For compliance with New Zealand Property Inspections Standards NZS 4306:2005 (the Standards) F HOME SOLUTIONS LIMITED (“we”, “our”, “us”) are required to outline:

The report and the scope of our inspection;

Limitations to our inspection and report; and

Our terms of trade, which are accepted on confirmation of booking as per Electronic Transactions Act 2002. On acceptance of booking we will provide (if received) the following:

Inspectors name

Date report is due by

Scope of report

Any special purpose property inspection items

Fee

Limitations and conditions

Professional liability cover

Report and inspection prepared in accordance with the Standards

For the purpose of a pre-purchase inspection whether for the vendor or purchaser, the inspection process will be carried out in accordance with the Standards. You agree to be bound by the Standards.

A copy of the Standards is available to view at our head office, or alternatively you can purchase a copy by contacting Standards New Zealand.

We will have a trade experienced person trained by us or other training organisation carry out the inspection in accordance with the Standards (“the inspection”).

We will certify that the Inspection has been carried out in accordance with the Standards, and the Inspector has the competencies to undertake the Inspection.

Weathertightness - This will be considered regardless of age, however it will not be measured against appendix A of the Standards or to E2/AS1 of the Building Code, Matrix and Evaluation, as this would be subject to a specialist report.

Scope of Inspection - Visual and non-invasive Inspection ONLY

a) Under the Standards, the scope of the inspection is limited to a visual inspection of a building, which the Inspector has reasonable access to and being in their clear line of site. A non-invasive moisture meter will be used in areas identified as at risk and exterior joinery where accessible, however the results only aid in the Inspectors compiling of information and are not conclusive.

Reasonable access to be provided

You agree to ensure that Reasonable Access can be gained to the property including but not limited to the roof cavity and foundations spaces and that any such spaces if they exist are cleared for an inspection to be carried out. These if they are secured or blocked will not be unsecured or unblocked.

“Reasonable access” is as per the Standards.

Where it is assessed to be of risk as per WorkSafe New Zealand it will be stated in the Executive Summary of the report as to the level of access and how something was viewed.

Report Scope and Limitation - Pre-Purchase Report

The report should be seen as a reasonable attempt to identify any Significant Fault or Defect visible at the time of the visual Inspection rather than an all-encompassing report dealing with the home from every aspect. The reporting of any Significant Fault or Defect is on an exceptional basis, rather than reporting on items, which are in acceptable condition for their age.

"Significant Fault or Defect" is defined in the Standards as - "A matter which requires substantial repairs or urgent attention and rectification."

A Significant Fault or Defect will be addressed in the Executive Summary section of the report as maintenance or remedial work.

Inspection and Report Scope and Limitation - Pre-Purchase Report

The Inspection and report is intended only as a general guide to help you make your own evaluation of the overall condition of the home, and is not intended to reflect the value of the premises, nor make any representation as to the advisability of purchase.

The report expresses the opinions of the Inspector, based upon his or her visual impressions of the conditions that existed at the time of the inspection only.

The Inspection and report are not intended to be technically exhaustive, or to imply that every component was inspected, or that every possible defect was discovered.

No disassembly of equipment, intrusive or destructive inspection, moving of furniture, appliances or stored items, or excavation will be performed.

All components and conditions which by the nature of their location are concealed, deliberately hidden, camouflaged or difficult to inspect are excluded from the report.

Any suggestions or recommendations contained in the report are suggestion only and it shall be the responsibility of the person or persons carrying out the work to ensure the most appropriate remedy is carried out in conjunction with any further discoveries, warranty’s or manufacturers recommendation and warranty’s, and any necessary local authority consents obtained prior to proceeding with remedial work.

Inspections of the systems at the home are outside of the scope of our report. The Inspector will, however, conduct a cursory inspection of the hot water system, the plumbing system, the electrical system (including testing the accessible power points and lights in each room). You should note that this will only be the opinion of the Inspector, who is not a qualified plumber, electrician or gas fitter. You should note that our Inspector does not inspect the air conditioning system, dishwashers, stoves, hobbs heating systems, aerials, swimming pools or spas.

For oral advice, we shall not be held responsible for that advice.

Matters which are not within the scope of the Inspection under the Standards include, but are not limited to: the existence of formaldehyde, lead paint, asbestos, toxic or flammable materials, pest infestation and other health or environmental hazards; the condition of playground equipment; the efficiency measurement of insulation or heating and cooling equipment; any internal or underground drainage or plumbing; any systems which are shut down or otherwise secured; water wells (water quality and quantity); zoning ordinances; cosmetics or building code conformity; intercoms, security systems, fire detection systems, heat sensors (any general comments about these systems and conditions are informational only and do not represent an inspection or form part of the report).

The Inspection and report should not be construed as a compliance inspection of any building, legal or territory authority standards, codes or regulations. The report is not intended to be a warranty or guarantee of the present or future weather tightness, adequacy or performance of the structure, its systems, or their component parts. The report does not constitute any express or implied warranty of merchantability or fitness for use regarding the condition of the property and it should not be relied upon as such. Any opinions expressed regarding adequacy, capacity, or expected life of components are general statements based on information about similar components and occasional variations are to be expected between such estimates and actual experience.

You accept that the Inspector will not detect some faults because:

The fault only occurs intermittently.

Part of the home has not been used for a while and the fault usually occurs after regular use (or detection of the fault would only occur after regular use).

The type of weather that would normally reveal the fault is not prevailing at, or around, the time of the inspection. The fault has been deliberately concealed.

Furnishings are obscuring the fault.

We have been given incorrect information by you, the vendor (if any), the real estate consultant, or any other person. The fault is/was not apparent on a visual Inspection.

Consumer Guarantees Act 1993. Nothing in these terms is intended to exclude or limit the rights of consumers under the Consumer Guarantees Act 1993. Where the Client is acquiring goods or services for business purposes (as defined in the Act), the parties agree that the Act does not apply.

Inspection and report scope and limitations

A Significant Fault or Defect will be addressed in the Summary section of the report as maintenance or remedial work.

This report type is to identify requested aspects of the dwelling, and report on the type, location, and defects/damages of each aspect. It is not designed to replace the input from an engineer, however, will highlight any items that require further investigation from other professionals.

This report is not a defects list and should not be construed as such. The condition report does not contain any assessment in relation to any item which is subject to a special purpose report (items will be mentioned as they are part of the property).

General

The Report is to be used by the Client only as guidance for evaluation of the condition of specific aspects of the premises and is not intended as an all-encompassing Report dealing with the Premises from every aspect. This report should be seen as a general guide from a trade professional providing a snapshot of the property and its elements.

The inspection should not be misused as a form of compliance inspection as per the local authorities, nor should it be used as any guarantee or warranty of the present or future adequacy or integrity of any of the systems reported on in the property.

Please note that although moisture readings will be taken and will be reported on if they are deemed to be outside of a general tolerance, this does not replace the recommendations of a trade qualified weathertightness expert, and any readings taken are of a non-invasive type only. Any descriptions presented within this report, are based on trade knowledge and experience. These should be taken as general estimates only, and there may be cause for variation.

Should any disputes arise due to the content of this report, this will be actioned as per the terms and conditions accepted at the time of booking the inspection.

In all inspections, the inspector will not touch or move vendor’s, tenant’s or occupant’s possessions or other items within the house and F HOME SOLUTIONS LIMITED inspectors will not be responsible for linings, flooring and other areas not able to be seen because of such possessions or items obscuring line of sight observations. This applies equally where carpeting, mats and so on might be obscuring/covering a view of any issues or defect in concrete or wooden flooring. The Inspector shall not disassemble equipment, or undertake any intrusive or destructive inspection, moving of furniture, appliances or stored items, or excavation. The report is valid only for the day of the inspection, after which time the premises will require re-inspection to determine the currency of the report together with any changed circumstances which may affect the premises.

This report contains information obtained by inspection, sampling, testing or other means of investigation. Unless specifically stated otherwise in this report, F HOME SOLUTIONS LIMITED has relied on the accuracy, completeness, currency, and sufficiency of all information provided to it by, or on behalf of, the Client or any third party, and has not independently verified the information provided. F HOME SOLUTIONS LIMITED accepts no responsibility for errors or omissions in, or in the currency or sufficiency of, the information provided.

This report must be read in its entirety, it may not be reproduced in part by any individual. Only the named owner of the report may use the information contained within the report.

The purchaser of this report has purchased the right to review the information contained within the report. All information remains the sole property of F HOME SOLUTIONS LIMITED.

This report has been produced as a result of a visual-only inspection of what was seen at the time and day of the inspection. The report is general in nature and is not intended as a substitute for professional advice. Nor does it purport to a survey plan of the site of the building. If further clarification is needed on any comments or any explanation at all, is required on any part of the report or photos then please contact the writer as soon as possible.

Non-intrusive weathertight report

"Significant Fault or Defect" is defined in the Standards as - "A matter which requires substantial repairs or urgent attention and rectification."

A Significant Fault or Defect will be addressed in the Executive & Weathertight Summaries of the report as maintenance or remedial work.

This report type is to identify the structural aspects of the dwelling, and report on the type, location, and defects/damages of each aspect. It is not designed to replace the input from an engineer, however, will highlight any items that require further investigation from other professionals.

This report is designed to satisfy the requirements of lenders and homeowners that the property will fulfil the requirements of the Standards.

This report is not a defects list and should not be construed as such. The property report does not contain any assessment in relation to any item which is subject to a special purpose report (items will be mentioned as they are part of the property).

The scope of the report will be limited to:

Significant defects

Particular attributes

Gradual deterioration; and Significant maintenance required

It will exclude:

Legal title

Building warrant of fitness and services prescribed on a compliance schedule Planning, resource consent issues

Building consent issues

Long term maintenance planning Rental property tenancy inspections Heritage obligations

Compliance the Body Corporate rules, the terms of memorandum of cross lease or a company title occupation agreement. LIM - Land Information Memorandum

General

The Report is to be used by the Client only as guidance for evaluation of the condition of the premises and is not intended as an all-encompassing Report dealing with the Premises from every aspect. This report should be seen as a general guide from a trade professional providing a snapshot of the property and its elements. It is not designed to advise a potential buyer on the advisability of purchase, rather to provide enough information to satisfy the client and the lender on the elements of the property from a general perspective.

Should any disputes arise due to the content of this report, this will be actioned as per the terms and conditions accepted at the time of booking the inspection.

This report must be read in its entirety, it may not be reproduced in part by any individual. Only the named owner of the report may use the information contained within the report.

The purchaser of this report has purchased the right to review the information contained within the report. All information remains the sole property of F HOME SOLUTIONS LIMITED.