BUILTCLARITY

GENERAL TERMS & CONDITIONS OF ENGAGEMENT

NorthPoint Projects Limited trading as BuiltClarity
 

1. About these Terms

These General Terms & Conditions of Engagement apply to services provided by NorthPoint Projects Limited trading as BuiltClarity (“BuiltClarity”, “we”, “us” or “our”).

They are intended to clearly set out the basis on which our services are provided, including the scope and limitations of our work, the responsibilities of the client, payment terms, use of reports and advice, and other important matters relating to an engagement.

These Terms should be read together with the applicable quotation, proposal, booking confirmation or Short Form Agreement (“SFA”) for the particular service.

2. Acceptance and Engagement

A contract is formed when the client accepts a quotation, proposal or SFA, confirms instructions in writing, makes payment, or otherwise instructs BuiltClarity to proceed with the Services.

Where a quotation, proposal or SFA contains service-specific terms, those terms form part of the contract.

If there is any inconsistency between these General Terms and the service-specific terms, the service-specific terms will take priority to the extent of that inconsistency.

3. Services

BuiltClarity will provide the services described in the applicable quotation, proposal or SFA (“Services”).

The scope of each engagement is limited to the Services expressly agreed with the client.

Any additional work requested by the client may be treated as a separate or additional service and may incur additional fees.

4. Standard of Service

BuiltClarity will perform the Services with reasonable care and skill and in accordance with the scope agreed with the client.

Our observations, opinions and recommendations are based on the information reasonably available to us and the conditions reasonably observable at the time the Services are performed.

5. Nature and Timing of a Residential Property Inspection

Where the Services include a residential property inspection, the inspection is a visual and non-invasive assessment of the reasonably accessible areas and components of the property at the time of inspection.

The inspection represents the condition of the property as observed at that particular time.

Property conditions can change following an inspection because of weather, occupancy, maintenance, deterioration, alterations, leaks, movement or other circumstances.

A report must therefore not be interpreted as a warranty or guarantee that the property is free from defects or that its condition will remain unchanged.

6. Accessibility

BuiltClarity will inspect only areas that can be accessed safely and reasonably at the time of the inspection.

We are not required to access an area where doing so would, in our reasonable judgement, create a health and safety risk, risk damage to the property, require destructive investigation, require specialist access equipment, or otherwise be unreasonable in the circumstances.

Where a material area cannot be inspected, this will be identified in the report where reasonably practicable.

7. Concealed and Inaccessible Conditions

A visual inspection cannot identify every defect.

BuiltClarity does not warrant that concealed, latent, intermittent or inaccessible defects will be identified.

This includes conditions within or behind walls, ceilings, floors, insulation, claddings, roofing, foundations, fixtures, fittings, cabinetry, appliances, stored goods, furniture or other obstructions.

Unless expressly included in the agreed scope, BuiltClarity will not cut, drill, dismantle, remove, lift or otherwise disturb building components or finishes to investigate concealed conditions.

8. Roofs, Roof Spaces and Subfloor Areas

Inspection of roofs, roof spaces and subfloor areas is subject to safe and reasonable access.

BuiltClarity may elect not to enter or traverse an area where access, height, construction, weather, ground conditions, electrical hazards, contamination, vermin, confined spaces or other circumstances create an unacceptable risk.

Where full access is not reasonably available, observations may be made from accessible locations where practicable.

9. Services and Building Systems

Unless specifically included in writing, BuiltClarity does not test, certify or warrant the operation, capacity, safety or compliance of electrical, plumbing, drainage, gas, heating, cooling, ventilation, security, communications, solar, mechanical or other building services.

Visible observations may be recorded where relevant, and specialist assessment may be recommended.

10. Moisture Screening

Where moisture screening is included in the Services, non-invasive moisture measuring equipment may be used as an investigative aid.

Moisture readings are indicative and can be affected by materials, environmental conditions, construction methods and other factors.

A moisture reading alone does not establish the presence, absence, source or extent of a leak, concealed moisture, decay or other defect.

Where observations or readings warrant further investigation, BuiltClarity may recommend invasive testing or assessment by an appropriately qualified specialist.

11. Drone Roof Assessment

Where a drone roof assessment is included in the agreed service, drone imagery may be used as a supplementary inspection tool to assist with the visual assessment of roofing, gutters, flashings and other elevated or difficult-to-access exterior areas.

Drone assessment is subject to suitable weather conditions, site conditions, safe operation, access restrictions and any applicable aviation requirements.

Drone imagery is limited to areas visible from the drone and does not provide a view through roofing, cladding or other building components. It does not replace specialist investigation where this is considered necessary.

Any defects or areas of concern identified from drone imagery must be considered together with visual observations and other available information.

A drone roof assessment does not guarantee that all defects, deterioration, leaks, concealed conditions or other issues will be identified.

12. Floor Level Observations

Where floor-level measurements are included, they provide an indicative record of relative floor levels at selected reasonably accessible locations at the time of assessment.

Measurements may be influenced by floor coverings, finishes, access, equipment tolerances and the configuration of the building.

Floor-level measurements do not constitute a structural, engineering, surveying, geotechnical or foundation assessment and must not be relied upon as a diagnosis of structural movement or performance.

Where observations warrant further investigation, specialist engineering or other professional advice may be recommended.

13. Structural and Engineering Matters

BuiltClarity does not provide structural engineering or geotechnical engineering services unless expressly agreed and legally permitted.

Where cracking, movement, deformation, foundation concerns or other potentially structural conditions are observed, BuiltClarity may record those observations and recommend assessment by an appropriately qualified engineer.

Such observations are not an engineering diagnosis or certification.

14. Earthquake Damage and Previous Repairs

Unless specifically included within an agreed specialist scope, the Services do not constitute an engineering assessment, verification or certification of earthquake damage or previous earthquake repairs.

BuiltClarity may identify visible conditions that appear consistent with previous damage, repair or movement but cannot warrant the nature, extent, adequacy or completeness of previous repairs from a visual inspection alone.

Where earthquake history or previous repairs are material to the client's decision, the client should obtain and review relevant records and obtain specialist advice where appropriate.

15. Compliance, Consents and Council Records

Unless specifically included in the agreed scope, BuiltClarity does not certify compliance with the Building Act, Building Code, resource management requirements, building consents, council requirements or other statutory or regulatory requirements.

An inspection may identify work or alterations that warrant further enquiry, but a visual inspection does not establish whether all work has been consented, approved, inspected or completed in accordance with applicable requirements.

The client should obtain and review relevant council property records where these matters are important to their decision.

16. Hazardous Materials

Unless specifically included in writing, BuiltClarity does not test for or certify the presence or absence of asbestos, lead, methamphetamine contamination, mould species, hazardous chemicals, contaminated soil or other hazardous substances.

BuiltClarity may identify visible materials or conditions that warrant further investigation, but any such observation is not confirmation of the presence or absence of a hazardous substance.

Specialist testing should be undertaken where required.

17. Pests and Biological Damage

Unless specifically included in the agreed scope, the Services do not constitute a specialist pest, fungal, mould or timber infestation inspection.

Visible evidence of deterioration, infestation or biological activity may be recorded where observed, and further specialist investigation may be recommended.

18. Specialist Services

Unless expressly agreed otherwise, BuiltClarity does not provide structural engineering, geotechnical, architectural, surveying, valuation, legal, specialist electrical, plumbing, drainage or other regulated or specialist professional services.

Where an issue falls outside BuiltClarity's agreed scope or requires specialist expertise, we may recommend further investigation by an appropriately qualified person.

A recommendation for further investigation should be acted upon before the client makes a material decision that depends on that issue.

19. Estimates and Cost Guidance

Where BuiltClarity provides an indicative repair cost, budget allowance or general cost guidance, it is provided for general decision-making purposes only unless expressly stated otherwise.

Such information is not a contractor's quotation, tender, valuation or guarantee of the actual cost of completing work.

Actual costs may vary significantly depending on design, investigation, access, materials, labour, market conditions, consent requirements, contractor pricing and the extent of work ultimately required.

The client should obtain appropriate quotations before committing to expenditure.

20. Information Supplied by the Client or Others

BuiltClarity may rely on information, plans, reports, records, representations and documentation supplied by the client, property owner, vendor, real estate agent, council, consultant, contractor or other third party.

Unless specifically engaged to verify that information, BuiltClarity is entitled to treat it as reasonably reliable where there is no apparent reason to question it.

BuiltClarity is not responsible for loss resulting from materially inaccurate, incomplete, misleading or withheld information supplied by others, except to the extent required by law.

21. Client Responsibilities

The client must provide BuiltClarity with information reasonably required to perform the Services and must, to the best of their knowledge, ensure that information supplied is accurate and complete.

The client is responsible for arranging any permissions and reasonable access required for BuiltClarity to undertake the Services.

The client should advise BuiltClarity of known hazards, known defects, previous reports, relevant repairs or other circumstances that may reasonably affect the engagement.

22. Reports and Advice

Reports, photographs, measurements, observations, comments and advice provided by BuiltClarity must be considered in the context of the agreed scope and the limitations stated in the report and these Terms.

A report should be read in full.

Individual photographs, comments, ratings, measurements or extracts should not be considered in isolation or used in a manner that changes their context.

23. Further Investigation and Recommendations

Where BuiltClarity recommends further investigation, specialist assessment, documentation, testing, repair quotations or other advice, the recommendation forms an important part of the report.

The client is responsible for deciding whether to obtain that further information.

Where the matter could materially affect a property purchase, building project, repair decision or other significant commitment, the further investigation should ordinarily be completed before the client becomes unconditionally committed.

24. Reliance, Distribution and Third-Party Use

Unless BuiltClarity expressly agrees otherwise in writing, each report, assessment and other deliverable is prepared solely for the client named in the engagement and for the agreed purpose.

The client may provide a copy to their lawyer, lender, insurer or other professional adviser for the purpose of advising that client. Providing a copy does not create a duty of care or contractual relationship between BuiltClarity and the recipient.

No other person is entitled to rely upon a BuiltClarity report or advice without BuiltClarity's prior written agreement.

A report must not be altered, selectively reproduced, quoted out of context or represented as having been prepared for another person.

Unauthorised distribution or use of a report does not extend BuiltClarity's responsibility or create a duty to the recipient.

25. Pre-Sale Reports and Prospective Purchasers

Where BuiltClarity is engaged by a vendor or another party to prepare a pre-sale or similar property report, that report is prepared for the commissioning client unless BuiltClarity expressly agrees otherwise in writing.

The commissioning client may authorise a real estate agent or other representative to make the report available to prospective purchasers. Unless BuiltClarity has separately agreed in writing to reliance by a prospective purchaser, any copy supplied to that purchaser is provided for information only.

A prospective purchaser should obtain their own independent inspection and advice before relying upon the condition of the property.

If BuiltClarity agrees to allow a prospective purchaser or other third party to rely on an existing report, BuiltClarity may require a separate agreement, confirmation of the original scope and limitations, consideration of whether circumstances have changed, and payment of an applicable fee before reliance is authorised.

26. Photographs and Records

BuiltClarity may take photographs, measurements, notes and other records reasonably required to perform and document the Services.

These records may form part of BuiltClarity's working file whether or not every photograph or observation appears in the final report.

BuiltClarity may retain engagement records for reasonable business, insurance, quality assurance and legal purposes.

27. Fees and GST

Fees will be as stated in the applicable quotation, proposal, booking confirmation or SFA.

GST will be dealt with as stated in the applicable pricing or agreement.

Work requested outside the agreed scope may incur additional charges.

Where reasonably practicable, BuiltClarity will advise the client before undertaking material additional chargeable work.

28. Payment

Payment is due in accordance with the applicable invoice, quotation, booking confirmation or SFA.

BuiltClarity may require payment before undertaking Services and may withhold a report, advice or other deliverable until cleared payment has been received.

Where an amount remains overdue, BuiltClarity may recover reasonable debt recovery costs to the extent permitted by law.

29. Cancellation, Rescheduling and Inability to Complete the Service

Cancellation and rescheduling requirements may be specified in the applicable quotation, booking confirmation or SFA.

A reasonable fee may be charged where insufficient notice is provided, BuiltClarity has incurred costs or reserved time for the engagement, or attendance occurs but the Services cannot reasonably be completed because required access has not been provided.

BuiltClarity may postpone, limit or discontinue Services where conditions are unsafe, reasonable access is unavailable, necessary information has not been provided or circumstances outside BuiltClarity's reasonable control prevent completion.

30. Liability

FOR LEGAL AND PROFESSIONAL INDEMNITY INSURER REVIEW

To the maximum extent permitted by law, BuiltClarity is responsible only for loss or damage directly attributable to a failure by BuiltClarity to exercise the reasonable care and skill required in performing the agreed Services.

To the extent permitted by law, BuiltClarity is not responsible for loss or damage arising from:

(a) matters outside the agreed scope of the Services;

(b) concealed, latent, intermittent or inaccessible conditions that could not reasonably have been identified during the Services;

(c) circumstances that were not reasonably observable at the time the Services were performed;

(d) materially inaccurate, incomplete, misleading or withheld information supplied by the client or another person;

(e) changes, deterioration, damage, work or events occurring after the Services were performed;

(f) a failure to obtain or act upon further investigation, specialist advice or other recommendations made by BuiltClarity; or

(g) unauthorised third-party use of or reliance upon a report, assessment or advice.

Nothing in these Terms excludes, restricts or modifies any statutory right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified.

31. Consumer Guarantees and Business Clients

Nothing in these Terms is intended to exclude or restrict rights or remedies available under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or other applicable New Zealand legislation where those rights or remedies cannot lawfully be excluded or restricted.

Where the client acquires the Services in trade, and where permitted by law, the parties may agree in writing to contract out of applicable provisions of the Consumer Guarantees Act 1993 and/or Fair Trading Act 1986 where it is fair and reasonable to do so.

Any such contracting-out arrangement will apply only to the extent permitted by law.

32. Intellectual Property

BuiltClarity retains ownership of its pre-existing intellectual property, including its report formats, templates, systems, methodologies, wording and other materials.

Once all applicable fees have been paid, the client may use the deliverables provided by BuiltClarity for the purpose for which they were prepared, subject to the reliance and distribution provisions of these Terms.

No transfer of BuiltClarity's underlying intellectual property occurs unless expressly agreed in writing.

33. Privacy and Confidentiality

BuiltClarity may collect, hold and use personal information reasonably necessary to provide the Services, communicate with clients, administer engagements, maintain business records and meet legal or insurance obligations.

Personal information will be handled in accordance with applicable New Zealand privacy law.

BuiltClarity will take reasonable steps to protect confidential client information and will not disclose it except where reasonably required to provide the Services, authorised by the client, required by law, required for legitimate professional or insurance purposes, or otherwise lawfully permitted.

34. Complaints and Opportunity to Investigate

If the client believes there is an error, omission or other issue concerning the Services, the client should notify BuiltClarity promptly and provide reasonable details of the concern.

Where reasonably practicable, the client should provide BuiltClarity with an opportunity to review the relevant information and inspect the property or affected area before material repair, alteration or removal work is undertaken.

Nothing in this clause prevents the client from taking reasonable urgent action to protect people or property or restricts any right or remedy that cannot lawfully be restricted.

35. Events Outside BuiltClarity's Reasonable Control

BuiltClarity will not be responsible for delay or failure to perform an obligation to the extent caused by circumstances beyond its reasonable control.

Such circumstances may include severe weather, unsafe site conditions, restricted access, illness, emergency events, utility interruption, government action or other events that could not reasonably have been prevented.

Where such circumstances materially affect an engagement, BuiltClarity may reasonably reschedule, suspend or discontinue the affected Services.

36. General

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

A failure or delay in enforcing a right under these Terms does not constitute a waiver of that right.

Any variation to the agreed scope or these Terms must be agreed by BuiltClarity and the client.

These Terms, together with the applicable quotation, proposal, booking confirmation or SFA, form the agreement relating to the relevant Services.

37. Governing Law and Disputes

These Terms and each engagement with BuiltClarity are governed by the laws of New Zealand.

If a dispute arises, BuiltClarity and the client will first seek to resolve the matter through reasonable good-faith discussion.

If the matter cannot be resolved, either party may pursue the dispute through the appropriate New Zealand dispute resolution process or court.

Nothing in this clause prevents either party from seeking urgent relief or exercising a statutory right or remedy.