PROPERTY INSPECTION REPORT TERMS AND CONDITIONS

1. DEFINITIONS AND DISCLAIMERS

1.1 Definitions
For the purposes of this agreement, the following terms shall have the meanings ascribed to them:

    • "Client" refers to the individual or entity contracting X-ray Home Inspections for the property inspection.
    • "Inspection"refers to the visual, non-invasive assessment of the property conducted by X-ray Home Inspections.
    • "Inspector" refers to the personnel employed or contracted by X-ray Home Inspections to perform the Inspection.
    • "Report" refers to the written document provided to the Client summarizing the findings of the Inspection.
    • "Property" refers to the residential or commercial real estate being inspected.
    • "Silver Foil Insulation" refers to reflective foil insulation commonly found in older homes, which may pose electrocution risks.

1.2 General Disclaimer
By engaging X-ray Home Inspections and accepting the Report, the Client agrees to be bound by these Terms and Conditions. The inspection is a visual, non-invasive evaluation of the Property’s condition at the time of the inspection. The Client understands that this inspection is limited to a visual, non-invasive assessment and does not include in-depth or invasive testing.
This inspection is conducted in accordance with NZS 4306:2005 but may not cover all aspects of the standard in its entirety. It is not intended to be an exhaustive or definitive assessment of the Property and may exclude areas not visible or accessible at the time of inspection, including but not limited to wiring, plumbing, drainage, concealed framing, subfloor, roof spaces, and other areas that may require invasive procedures to inspect.

1.3 No Warranty Against Future Issues

The Report is not a warranty against future defects, structural failure, or other issues with the Property. The Inspector does not guarantee the future condition or structural integrity of the Property. No liability shall be assumed for issues arising after the date of the Inspection.

1.4 Legal Compliance and Code Compliance Certificates
The Inspector shall not comment on or verify the legal compliance of the Property, including its compliance with the NZ Building Code, local authority regulations, or whether  theProperty has a valid Code Compliance Certificate (CCC), Code of Acceptance (CoA), or any relevant consents. The Inspector shall not be held responsible for non-compliance with applicable laws, regulations, or by-laws.

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2. INSPECTION LIMITATIONS

2.1 Scope of Inspection
The Inspection is limited to a visual examination of accessible and readily visible parts of the Property. The following conditions apply:
   • Roof: The roof shall be inspected only if safely accessible, either by ladder or from a readily accessible area, and if it is not higher than 3.6 meters, steeper than 30 degrees in pitch, or wet. The Inspector may decline to inspect the roof if deemed unsafe at their discretion.
   • Subfloor: The subfloor space shall be inspected only if the clearance is at least 500mm. The Inspector will not enter cluttered, confined, or unsafe subfloor areas, including those in wet or unhygienic conditions that pose a health and safety risk, as determined at the discretion of the inspector.
   • Accessible areas: The inspection will include visible internal and external elements but exclude areas behind furniture, stored items, or items obstructing access. The Inspector will not move or dismantle any furniture, fittings, or any items obstructing access or a clear view of the area being inspected.
   • Foundations: In most cases, foundations can only be inspected by observing the portions above ground level. Without a geotechnical analysis or engineering inspection to assess the ground structure or stability, the inspector can only comment on the visible portions of the foundation, such as piles and bearers. We may note visible issues, such as identifiable cracks in the walls, jammed or misaligned doors and windows, or detectable floor undulations that may indicate faults or defects in the foundation at the time of the inspection. Commenting further on the structural integrity of foundations, retaining walls, or ground stability is outside the scope of this inspection. We are not qualified engineers and cannot assess determine the structural integrity of these elements. Should the client or prospective purchaser have concerns after reviewing the report, they are advised to consult with a geotechnical engineer for further investigation. Therefore, we cannot be held liable for any defects, whether present at the time of the inspection or emerging in the future, related to the foundation, retaining walls, or ground stability.
   • Heating: Heating systems are not tested as part of this inspection. These may be noted and, where possible, identified if they can be turned on or off; however, testing the operation of these systems is outside the scope of the inspection. Assessing the operation and compliance of open fires and wood burners is also outside the scope of this report, as this is a specialist area. We recommend that all fires and heating systems be checked, cleaned, and serviced by a qualified specialist before use.
   • Electrical: The lighting will be tested as part of the inspection. We will comment on the type of wiring that is visible in the internal ceiling space or the subfloor area. Where possible, we will photograph the wiring in these areas, as well as the main switchboard, to show its condition. Please note that this inspection is not intended to conduct a comprehensive electrical check of the dwelling's wiring. Should we detect any visible defects or areas that require further attention by a qualified, registered electrician, these will be noted in the main summary section of our report.
   • Plumbing: We will test the wet areas for leaks where possible and comment on the functionality of the plumbing. We will also provide an assessment of the general condition of the plumbing that is visible in the subfloor or internal ceiling space, with photographs included where possible. If we believe further attention is needed from a registered plumber, this will be stated in the main summary section of our report. While we will attempt to identify the type of plumbing pipes, including whether Dux Quest pipes are present, it is often difficult to identify the type of plumbing. If we are unable to identify the plumbing type, we cannot be held liable for any failure of these pipes at a future date.

2.2 Restricted Access
Should the Inspector encounter restricted or unsafe access to any part of the Property, the Report will indicate these limitations and exclude those areas from the scope of the
inspection.

2.3 Silver Foil Insulation
If silver foil insulation is present, the Inspector may, at their discretion, choose not to inspect or enter areas containing silver foil due to the risk of electrocution. Silver foil insulation, being conductive, poses an electrocution hazard if exposed to faulty wiring. If this is noted, the Client should have the area investigated by a registered and qualified electrician.

2.4 Moisture Testing and Leaky Building Risks As the inspection is a visual, non-invasive survey, there are inherent limitations in identifying hidden moisture or leaky building issues. Defects caused by water ingress may be concealed behind cladding, under paint, or beneath furnishings, and in some cases, may have been intentionally hidden or patched over, making them for the Inspector to detect. While the Inspector will use high-quality moisture meters, where applicable, to help detect moisture levels, it is important to note that visible signs of water ingress or elevated moisture readings may not always be apparent, even if they exist. This is especially true if weather conditions prior to or at the time of inspection are not conducive to moisture buildup.

The Client understands that this inspection does not constitute an exhaustive search for leaks or water ingress. The Inspector cannot comment on internal framing or materials are hidden from view. If the visual inspection and moisture readings do not indicate a leak, it should not be assumed that no leak exists or will exist in the future. Factors such as prior weather conditions, seasonal variations, and building materials may prevent the detection of hidden leaks, mold, or water ingress. There is also a risk of false positive readings. If areas of concern, such as visible water stains or high moisture levels, are identified, these will be noted in the Report. The Client should then consider invasive or destructive testing for further investigation. The Inspector is not responsible for failing to detect hidden water ingress, moisture issues, or leaks that may develop or remain undetected after the inspection. This non-invasive inspection does not guarantee weathertightness, as the definitive for determining leaks or weathertightness requires invasive testing. Should the Client have concerns, further invasive testing should be conducted.

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3. LIMITATIONS ON ASSESSMENT

3.1 Non-Invasive Inspection
The Inspection is limited to a visual, non-invasive assessment of the Property. The Inspector will not perform invasive testing, which includes removing coverings or materials to inspect hidden components. The Inspector will not comment on plumbing, electrical, or other systems unless they are clearly visible and accessible.

3.2 Asbestos and Hazardous Materials
The Inspector does not conduct specific testing for asbestos. The Client acknowledges that properties built before 1987, and potentially up to 2000, may contain asbestos-containing materials. While the Inspector will make reasonable efforts to identify areas where may be present based on visual inspection, there is no guarantee that asbestos will be discovered. The Client is advised to conduct their own due diligence regarding asbestos presence, which may include consulting a qualified asbestos testing company. Asbestos-containing materials can pose significant health risks if disturbed, and any suspected asbestos should be handled by a certified asbestos removal professional.

3.3 Lead-Based Paint
The Client acknowledges that lead-based paint may be present in properties built before 1980. The Inspector does not test for lead-based paint and provides no warranty or guarantee regarding its presence. The Client is advised to conduct their own testing and take appropriate precautions.

3.4 Risk of Borer in Older Houses
The Client acknowledges that older homes, particularly those built with untreated timber or in certain regions, may be at risk for borer infestations. The Inspector will visually assess accessible timber for signs of borer damage; however, due to the limitations of a non-invasive inspection, the Inspector cannot guarantee the presence or absence of borer infestations. Borer damage is often hidden within walls, floors, and framing, and may not be visible during the inspection. If borer infestation is suspected or if visible signs of damage are found, the Client is advised to seek further investigation from a pest control specialist or other qualified professional to assess the full extent of the infestation and any subsequent damage.

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4. INSPECTOR'S REPORT

4.1 Report Content
The Report will describe the Property, summarize its visible condition, and note any visible defects, safety hazards, or potential concerns identified during the Inspection. The does not assess the Property’s compliance with laws or regulations, nor does it guarantee the Property’s future condition.

4.2 Color-Coding System
The following color-coded system will be used in the Report to indicate the severity of observed issues:
   • AS (Appears Serviceable): The item appears to be in normal functional condition and requires no immediate repair, though wear and tear not affecting functionality may be present.
   • R (Repair): The item requires repair or maintenance or replacement.
   • S (Safety Issue): The item poses a safety risk, and immediate attention is recommended.
   • NI (Not Inspected): The item was not accessible or visible at the time of the inspection.

4.3 Chattels and Special Items
The Inspection does not include a detailed examination of chattels, appliances, or special items such as but not limited to Wood burners and other heating systems, spas, alarms, or HVAC systems. These are noted for their existence, but their functionality or compliance with applicable standards is not verified. The client is advised to have such items inspected and tested for their functionality, compliance, and safety.

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5. LIABILITY AND EXCLUSION OF PERSONAL LIABILITY

5.1 Limitation of Liability
To the fullest extent permitted by law, X-ray Home Inspections, its employees, contractors, and agents (the “Inspector”) shall not be liable for any damages, losses, or claims arising from or related to the Inspection or Report, except for damages directly caused by the Inspector’s negligence. The Inspector’s liability is limited to the amount paid by the Client for the Inspection and Report.

5.2 Exclusion of Personal Liability
The Client agrees that the individual Inspector(s) performing the inspection shall not be personally liable for any claims, damages, or losses arising from or related to the Inspection or Report. Any claims shall be made solely against X-ray Home Inspections, not against individual employees or agents of the company.

5.3 Consequential and Indirect Damages
X-ray Home Inspections shall not be liable for any consequential, incidental, or indirect damages, including but not limited to damages for lost profits, loss of property value, or any other economic or emotional distress, arising from issues identified or not identified during the Inspection.

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5.4 Exclusions for Hidden Defects
The Client acknowledges that certain defects, such as but not limited to those hidden behind walls, beneath floors, or within structural components, may not be identifiable during the Inspection. The Inspector shall not be liable for hidden or future defects that were not visible or accessible at the time of the inspection.

5.5 Third-Party Use
This report is confidential and intended solely for the Client who ordered the inspection. It may not be sold, reproduced, copied, or distributed to third parties without the express consent of X-ray Home Inspections, except as required by law or as part of the property sale process. If provided to the property owner as part of the sale process, it is done so with the understanding that X-ray Home Inspections has no responsibility to the property owner regarding any item contained in this report.

5.6 Gross Negligence or Fraud
Nothing in these Terms and Conditions excludes or limits the liability of X-ray Home Inspections or the Inspector for gross negligence, intentional misconduct, or fraudulent activities.

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6. ACCEPTANCE OF TERMS AND CONDITIONS
By engaging X-ray Home Inspections to perform the Inspection and accepting the Report, the Client acknowledges and agrees to be bound by these Terms and Conditions. The Client further agrees that they have had the opportunity to ask any questions regarding these Terms and Conditions and that they fully understand and accept all terms outlined.