Below are the Terms and Condition’s for Services provided by Corrective Building Services Limited T/A Corrective Building Surveyors
Performance standard: The Consultant for Corrective Building Services Limited T/A Corrective Building Surveyors will perform the Services exercising the degree of skill, care and diligence normally provided by a competent Building Surveyor in the same circumstances.
Information: The Client will provide as soon as practicable to Corrective Building Services Limited T/A Corrective Building Surveyors, free of cost, all information reasonably required to enable the Consultant to perform the Services. Unless verification is part of the Services, the Consultant will be entitled to assume and rely on the accuracy and completeness of all information provided directly or indirectly by the Client or obtained by the Consultant from public or other reasonable sources.
Advice confidential: All advice or information, written or oral, provided by the Consultant is confidential and prepared solely for the Client for the purpose stated any Services section any Agreement. The Client will not use the advice or information for any other purpose nor directly or indirectly cause any of the advice or information to be disclosed to any third party without the Consultant’s prior written agreement. The Consultant will have no liability to any third party using or relying on any of the Consultant’s advice or information.
Fees and payment: The Client will pay to the Consultant for Corrective Building Services Limited T/A Corrective Building Surveyors the amount of fees and disbursements prior to the time the report is released to the client. All amounts payable by the Client will be paid prior to the release of our reports. Interest will be payable by the Client on all overdue amounts at the rate of 2.5% per month compounding monthly. The Client will also pay all costs incurred by the Corrective Building Services Limited T/A Corrective Building Surveyors in relation to recovering any amount owed by the Client (including legal costs on a solicitor/client basis and the Consultant’s internal time and administration costs). Where this Agreement has been entered into by an agent on behalf of the Client (or a person purporting to act as agent), the agent and the Client will be jointly and severally liable for payment of all amounts due to the Consultant under this Agreement. If the client instructs the consultant Corrective Building Services Limited T/A Corrective Building Surveyors to start work prior to any agreement forwarded to the client then the terms and conditions outlined on our website will form the basis of our contract and be binding.
Termination for non-payment: If the Client defaults on any payment due and the default continues for a period of 14 days, the Consultant may give written notice to the Client specifying the default and requesting payment within 7 days of the date of service of the notice. If the Client fails to remedy the default within that period, the Consultant may suspend all or part of the Services or terminate any Agreement without further notice, and the Consultant will not be liable for any damage or loss arising directly or indirectly in connection with those parts of the Services to which the payment default relates.
Client’s agent: Where any Agreement has been entered into by an agent on behalf of the Client (or a person purporting to act as agent), the agent and the Client will be jointly and severally liable for payment of all amounts due to the Consultant under any Agreement.
Consultant’s employees/agents: The Client acknowledges that while the Consultant may operate through employees and/or other individuals, no reliance has or will be placed on them personally by the Client in connection with any Agreement or the performance of the Services of Corrective Building Services Limited T/A Corrective Building Surveyors. The Client acknowledges and accepts that the Client only relies on the corporate conduct of the Consultant and that the Consultant’s employees or individual agents have no personal legal responsibility to the Client.
Term and termination: Any Agreement will continue until all the Services have been performed unless terminated earlier by the parties’ agreement, by the Consultant under clause 5, by the client for non-performance by the Consultant or by a party following the other party’s failure to remedy a material breach of this Agreement. In the event of disagreement it is to be determined by mediation or arbitration under section 13 and then 14.1.2 of NZS 3910:2003 shall apply.
Liability limitations: No claim for damage or loss arising directly or indirectly in connection with the Services of Corrective Building Services Limited T/A Corrective Building Surveyors will be brought more than 6 years after the date of any Agreement nor brought against any individual employee, director, officer or agent of the Consultant. Any liability of the Consultant for damages, costs or other legally payable amounts arising directly or indirectly in connection with the Services (whether in contract, tort or otherwise) will be limited in aggregate to the lesser of five times the value of the fees paid for the Services or [NZ$10,000.00]. The Consultant will only be liable to the Client (whether in contract, tort or otherwise) for damage or loss directly caused by the Consultant’s breach or default and will not be liable for any loss of profits or any indirect or consequential losses of any nature. In addition, any liability of the Consultant will be limited to only that portion of the damage or loss directly caused or contributed to by the Consultant. The provisions of this clause will apply to the maximum extent permitted by law, and will confer to any extent relevant a benefit on any individual employee, director, officer or agent of the Consultant.
Indemnity: The Client agrees to indemnify Corrective Building Services Limited T/A Corrective Building Surveyors against any damage, loss or expense incurred by the Consultant as a result of a breach of any Agreement by the Client.
Invasive Testing: In the event Corrective Building Services Limited t/a Corrective Building Surveyors do invasive testing on a building the Client will bear the risk of any damage to the building or to any item, system or component of the building arising directly or indirectly from the invasive testing despite the Consultant exercising reasonable care. While the Consultant will provide temporary fillers or covers to all holes and cut out areas created by the invasive testing, it will be the Client’s responsibility to undertake appropriate permanent repairs expeditiously.
Copyright: The Consultant will retain copyright of all documents prepared by the Consultant in performing the Services. The Client will be entitled to use or copy the documents only as reasonably required in connection with the purpose stated in the Services section of this Agreement. The Client will have no right to use any of the Consultant’s documents if the Client is in default on any payment due under this Agreement.
Consumer Guarantees Act: If the Services are required for the purpose of a business, the provisions of the Consumer Guarantees Act 1993 will not apply to the Services.
Governing law: Engagement agreements and the parties relationship will be governed by the laws of New Zealand.
Additional Terms – Inspection and Reporting (Invasive/Destructive Testing) for Corrective Building Services Limited t/a Corrective Building Surveyors
Corrective Building Services Limited t/a Corrective Building Surveyors (the Consultant) will inspect the building specified in the Services section of this Agreement (‘the building”) for the purpose stated in the Services section and will provide the Client with a report of the inspection.
The Client will be responsible for identifying the building including identifying any accessory units where the building is part of a multi-unit complex. The Client will arrange for Corrective Building Services Limited t/a Corrective Building Surveyors (the Consultant) to obtain reasonable access to the building including roof space and sub-floor space where reasonably and safely accessible. The Client will disclose to the Consultant any known defects which the Client is aware of, apparent or not, and any problem which may affect the integrity and use of the building or the facilitation of the inspection and reporting. In the event the consultant Corrective Building Services Limited t/a Corrective Building Surveyors determines timber samples are to be tested through a specialist laboratory the client will be liable for all associated costs for the applicable testing.
Unless otherwise agreed in writing, the inspection will:
(a) be an above ground visual examination augmented by invasive testing by representative sampling as considered appropriate by the Consultant;
(b) be limited to those areas and components of the building which at the time of inspection are readily and safely accessible and visible;
(c) exclude any areas, components or items which are otherwise concealed behind finished surfaces or which are not immediately accessible and visible because of floor coverings, furniture, appliances, personal property, vegetation, debris, soil and the like.
The Client consents to Corrective Building Services Limited t/a Corrective Building Surveyors (the Consultant) damaging the building to the extent reasonably necessary to undertake the invasive testing. The testing will commonly require the drilling of small holes and the cutting out of small areas ranging from A4 to A3 in size in the exterior cladding and the internal wall linings, but may also require larger cut outs and the taking of samples of timber, building materials and mould for analysis.
The Client acknowledges and accepts:
(a) the limited scope of the inspection and that it may not identify all past, present or potential future defects;
(b) the inspection may or may not be a compliance assessment against any past or current requirements of the Building Code unless stated in the scope of Services section and in the inspection report as being such an assessment of aspects specifically identified in the scope of Services and in the report;
(c) descriptions in the inspection report of systems or any appliances will relate to existence only and not condition, adequacy or life expectancy;
(d) the inspection report will not provide any guarantee or warranty (whether relating to merchantability, fitness for use or fitness for purpose) regarding the building or any item, system or component of the building and will not be relied on as such by the Client;
(e) the Client will bear the risk of any damage to the building or to any item, system or component of the building arising directly or indirectly from the invasive testing despite the Consultant exercising reasonable care;
(f) while the Consultant will provide temporary fillers or covers to all holes and cut out areas created by the invasive testing, it will be the Client’s responsibility to undertake appropriate permanent repairs expeditiously.
The Client acknowledges and accepts that the limited scope of the inspection means it will not be a compliance assessment against the weathertightness requirements of the Building Code except to the extent stated in the scope of Services section and in the inspection report regarding aspects specifically identified in the scope of Services and in the report.
In addition to and without limiting anything stated in clauses 21 to 24 above, the following will be excluded from the scope of the inspection:
(a) any area of the building or site or any item, system, component, or elemental aspect not specifically identified in the scope of the Services as needing to be inspected;
(b) engineering/structural, architectural, geotechnical, geological, hydrological, land surveying or soils examinations;
(c) systems including electrical, plumbing, air conditioning, heating (including fire places and chimneys), security, fire warning and control, sewerage, storm water, ducted vacuum systems;
(d) environmental hazards or conditions including the existence of asbestos, electromagnetic radiation, toxic or flammable chemicals, air or water contaminants, geological hazards or floods;
(e) sheds, outhouses, detached buildings, swimming pools, spa pools, saunas and associated equipment, or appliances including but not limited to kitchen, leisure and laundry appliances;
(f) common property or common areas, systems, structures or components where the building is part of a multi-unit complex unless specifically identified in the scope of the Services as needing to be inspected;
(g) acoustical or other nuisance characteristics of any item, system, structure or component of the building or building complex, adjoining properties or neighbourhood;
(h) any legal, resource consent or building consent or compliance aspects including title, boundaries, occupational rights, resource and planning consent, building consent, Building Code compliance (except to any extent specifically identified in the inspection report as having been assessed), building warrant of fitness or heritage obligations.
Any repair recommendations or indicative repair costings included in the inspection report will be for general guidance only. The Client will not rely on such recommendations or indicative costings in making any decision involving any legal or financial commitment or repair work but will obtain specific advice from appropriate specialists. The Client accepts the risk that if defects and/or damage are identified, damage may continue to occur and/or new damage may occur to the building or its systems or components if any recommended repairs are not carried out properly and expeditiously by the Client.
The Client will give prompt written notice to Corrective Building Services Limited t/a Corrective Building Surveyors (the Consultant) of the discovery of any material defect affecting the building not reported by the Consultant which the Client considers should have been identified. Except in an emergency situation, the Client will allow the Consultant 21 days from the Consultant’s receipt of that notice to re-inspect the building prior to any repair work being undertaken. If the Client fails to give such notice and/or allow the re-inspection period, any liability of the Consultant will be reduced (or extinguished) to the extent of any prejudice to the Consultant due to the Client’s failure to comply with this clause.