Terms and Conditions

Definitions and Interpretation

1. In these Terms and Conditions, the following words have the following meanings:

  • Compliance Certificate means a certificate confirming that a Property complies with the Healthy Homes Standards;
  • Fees means the fees payable for the provision of the Services;
  • GST means goods and services tax payable under the Goods and Services Tax Act 1985;
  • Healthy Homes Standards means the healthy homes standards referred to in section 138B of the Residential Tenancies Act 1986 and the Residential Tenancies (Healthy Homes Standards) Regulations 2019;
  • Inspection Report means the report provided to you following our inspection of a Property;
  • Property means any property in respect of which we agree to provide Services;
  • Schedule means the schedule to this Agreement;
  • Services means the property inspection services to be provided by us more particularly set out in the schedule;
  • Terms and Conditions means these terms and conditions;
  • We or Us refers to New Zealand Healthy Homes Solutions Limited; and
  • You refer to you, the person who requests Services.

2. In these Terms and Conditions:

  • References to a person include an individual, company, corporation, partnership, firm, joint venture, association, trust, unincorporated body of persons, governmental or other regulatory body, authority or entity, in each case whether or not having a separate legal identity;
  • Headings are for convenience only and will not affect the interpretation of these Terms and Conditions; and
  • All references to legislation are references to New Zealand legislation in force and include any subordinate legislation, by-law, regulation, order, statutory instrument or determination made under it, any re-enactment of, or amendment to, that legislation and all legislation passed in substitution for that legislation.

Application of Terms

These Terms and Conditions apply to the provision of Services to you.

Services

  1. We shall provide the Services in respect of the Properties.
  2. We shall use reasonable endeavours to meet any timeframes set out in the Schedule.

Your obligations

In order that we can provide the Services you will provide such assistance as we reasonably require including permitting access to the Properties and procuring that any tenants or occupiers of the Properties permit access.

Prices and Payment

  1. The Fees shall be as agreed between us but we will not be bound by any manifest errors or omissions in any quotation or other communication by us.
  2. We shall provide you with an invoice.
  3. You shall pay our Fees by bank transfer or such other method required by us within one week of invoice.
  4. All Fees are in New Zealand dollars and excludes GST and other taxes and duties where applicable, unless expressly stated otherwise.

Warranties and Liability

  1. Where we provide a Compliance Certificate, we warrant that the relevant Property complies with the Healthy Homes Standards at the date of that Compliance Certificate.
  2. Any inspection is a visual only, non-invasive inspection of the areas of the Property which are readily visible at the time of inspection.  The inspection does not include any areas or components which are concealed or closed in behind finished surfaces (such as plumbing, drainage, heating, framing, ventilation, insulation or wiring) or which require the moving of anything which impede access or limit visibility (such as floor coverings, furniture, appliances, personal property, vehicles, vegetation, debris or soil).  Where possible, we will advise you of any limitations of the inspection or Services.
  3. Apart from any express warranties provided above or any implied warranties imposed under the Consumer Guarantees Act 1993 or any other applicable legislation, we make no representations and give no assurances, warranties or guarantees to you in relation to the provision of the Services.  To the maximum extent permitted by law, any warranty or guarantee implied by law, custom or practice is excluded
  4. To the maximum extent permitted by law we are not liable to you for any indirect or consequential loss or damage of any kind however arising and our monetary liability to you shall be limited to the Fees.
  5. Nothing in these Terms and Conditions is intended to limit or exclude any liability that cannot be excluded by law.
  6. Without limiting clause 8.3, if you require us to give oral advice, we shall not be held responsible for that advice as the advice is the inspector’s opinion of the Property’s condition at the time of the inspection.

Exclusive Use

  1. Neither the whole nor any part of the Inspection Report or Compliance Certificate or any reference to them may be included in any published document, circular or statement whether hardcopy or electronic.
  2. You agree that the Inspection Report and/or Compliance Certificate shall not be transferred, distributed, given away, be on sold, be copied, to any other party without first obtaining our written approval and consent.
  3. The information contained in the Inspection Report is confidential and is for your exclusive private use and relates to the date of the inspection only.
  4. Use of the information contained within the report by any other party is not intended, therefore we accept no responsibility for such use. We disclaim all responsibility and accept no liability to any other party.
  5. You agree to indemnify us and keep us indemnified from any and all claims by any third party arising from your release of the Inspection Report and/or Compliance Certificate, and associated costs in defending such claims, whether such release was intentional or not.

General

  1. These Terms and Conditions cannot be varied except as agreed in writing by us.
  2. No waiver of any breach of this agreement shall be treated as a waiver of any other or any subsequent breach.  The failure of either party to enforce any provision of this agreement at any time shall not be interpreted as a waiver of that provision.
  3. None of our agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by a director in writing nor are we bound by any such unauthorised statements.
  4. If any of these Terms and Conditions 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.
  5. We shall not be liable for any delay or failure to comply with our obligations under these Terms and Conditions which are caused by any act of God, terrorism, war, strike, lock out, industrial action, flood, storm or other event beyond our reasonable control.
  6. We may license or sub-contract all or any part of our rights and obligations without your consent.
  7. These Terms and Conditions and each contract formed between you and us for the supply of Services shall be governed by the laws of New Zealand and you submit to the non-exclusive jurisdiction of the courts of New Zealand.

Schedule – Services

Service

Particulars

Initial Contact

Contact tenant to arrange inspection of Property

Inspection

Carry out inspection of Property

Inspection Report

Provision of Inspection Report within 48 hours of inspection

Referral

Provision of details of suppliers who would be able to carry  out necessary remedial works

Compliance Certificate

Provision of Compliance Certificate following completion of necessary remedial works

Service

Particulars

Initial Contact

Contact tenant to

arrange inspection

of Property

Inspection

Carry out inspection of Property

Inspection Report

Provision of

Inspection Report

within 48 hours of

inspection

Referral

Provision of details of suppliers who

would be able to

carry  out necessary remedial works

Compliance

Certificate

Provision of

Compliance

Certificate

following

completion of

necessary remedial works

Service

Particulars

Initial Contact

Contact tenant to arrange inspection

of Property

Inspection

Carry out inspection of Property

Inspection Report

Provision of Inspection Report within  48 hours of inspection

Referral

Provision of details of suppliers who

would be able to carry  out necessary

remedial works

Compliance Certificate

Provision of Compliance Certificate  

following completion of necessary

remedial works