Whereas the Client has requested Vriesia’s Home Inspection services in inspecting his/her home/property:
NOW THEREFORE IT IS AGREED AS FOLLOWS:
Scope of report
- Vriesia will only undertake a visual inspection of the property. Any conditions that are not patently visible to the Inspector will not be identified or recorded as part of the inspection. Subject to the terms and conditions stated herein, the inspection includes the visual examination of the interior and exterior of the home, including the roof, structure, electricals, cooling systems, insulation, plumbing, pool, garage, carport, 'granny flat', floors, walls, ceiling, windows and doors.
- Inspections are not technically exhaustive, and certain items are specifically excluded from the inspection. These are items such
as telephone cables, timing systems, spas, pool pumps, garage door motors, concealed pipes, sewer lines, septic tanks, central
air conditioning, and any other system or component that is concealed or otherwise difficult to inspect
- The Inspector will not dismantle any item, component or system
Single visit
The inspection fee is calculated based on a single visit to the property by Vriesia.
Written report
The Client will receive a written report of Vriesia’s visual inspection of the property, which will include / exclude photographs (as indicated in the request form).
Report as at date of inspection
The inspection report is based on the condition of the property as of the time and date of the inspection by Vriesia.
Latent defects or non-accessible patent defects
Vriesia is not responsible nor liable for the non-discovery of any latent defects in materials or workmanship, or any patent defects which are not recorded due to non-accessibility or any other conditions of the Property, or any other problems that may become evident after the time and date of the inspection.
No all-inclusive list
The inspection is designed to identify significant structural patent defects (if any) as well as possible visible symptoms of inherent latent defects (if any). The inspection report does not include an all-inclusive list of minor building flaws.
No responsibility
Vriesia assumes no responsibility for the cost of repairing or replacing any unreported defects or conditions. Vriesia is also not responsible or liable for any future failures that may occur or repairs required on the property.
No opinion
Vriesia will not offer an opinion as to the advisability or inadvisability of the purchase of the property.
No warranty
Vriesia is not an insurer and does not provide any form of insurance against defects at the inspected property. In addition, Vriesia
makes no warranty, express or implied, as to the state or condition of the systems, items or components inspected.
THE INSPECTION REPORT DOES NOT CONSTITUTE A WARRANTY, GUARANTEE OR INSURANCE POLICY OF ANY KIND.
IN PARTICULAR, NO WARRANTIES ARE MADE AGAINST LATENT DEFECTS OR MECHANICAL AND ELECTRICAL
BREAKDOWNS.
Limited liability
Vriesia (and his/her/its employees) are limited in liability to the fee paid for the inspection report in the event that the Client claims that Vriesia is in any way liable for negligence in performing the inspection or in preparing the inspection report.
Exclusions
- Vriesia will not conduct any geological tests.
- Vriesia will not provide any engineering or architectural services.
- Vriesia will not inspect any recreational facilities, fences, erosion stabilization measures, antennae, installed accessories,
washing machine and dishwasher connections, solar water heating systems, sprinkler systems, remote control devices, alarms
systems, low-voltage wiring and components, household appliances, counter tops and cupboards, garage doors or garage door
openers, or fire screens and doors.
- The inspection report only includes mention of significant structural patent defects and as such excludes patent defects such as
minor cracks or surface discolourations and latent defects resulting in landslides, or any other geological problems.
- The inspection report will record the attributes of the property as far as is possible but may exclude merely cosmetic features
such as paint, wall coverings, carpeting, floorings, panelling, lawn and shrubs.
- Vriesia will not inspect inaccessible or concealed areas of the property and will not enter any dangerous or potentially dangerous
areas of the property.
- Vriesia will not address any environmental concerns, such as the presence of potentially hazardous substances or gases, plants
or animals.
- Vriesia will not specifically check for the presence of rodents or fungus.
- Vriesia will not inspect woodwork or other parts of the structure, that are covered, unexposed or inaccessible, and is therefore
unable to report whether such parts of the property are free of rot, beetle or other defects.
- Vriesia will not be required to operate any system or component or to determine the remaining life thereof or the cause of any
condition or deficiency thereof (unless specifically requested by the Client).
- Vriesia will not give an opinion as to the suitability of the property for any specialised use.
- Vriesia will not give an opinion as to whether any deficiency or condition may affect the value of the property.
- Vriesia will not provide a report as to whether the home complies with regulatory requirements.
- Vriesia will not give an opinion as to the advisability of the purchase of the property.
- The Inspector will not give an opinion as to the operating costs of systems or components, or their acoustic properties.
- Vriesia will not perform any act or service that is contrary to law.
- Vriesia will not enter an area that is likely to be dangerous to The inspector or other persons (such as under-floor crawl spaces or
roof spaces that are not readily accessible).
- Vriesia will not inspect any underground items or detached structures other than garages, car ports or outbuildings.
- Vriesia will not inspect any common areas or elements in multi-unit housing such as sectional title properties or cluster housing.
Representative examination
In the case of items that are identical, such as electrical outlets, bricks, tiles and windows, Vriesia examines a representative sample and does not examine each one of these identical items. It is therefore possible that some detectable minor flaws in such items may not be reported.
Boundaries
Vriesia is not required to determine property boundary lines or identify whether any encroachments are present or not.
Breach
Any disagreement between Vriesia and the Client, arising directly or indirectly out of the interpretation of these terms & conditions, the services rendered by Vriesia or the inspection report that will be provided to the Client by Vriesia, shall be submitted to the Arbitration Forum for arbitration in accordance with its applicable rules. The arbitration decision shall be binding on all parties. All manner of secondary or consequential damages are specifically excluded. In the event that any dispute arises out of the inspection or report, and proceedings are instituted by any person or entity which proves to be unsuccessful, then such person or entity shall be liable to Vriesia for all expenses and legal costs (on an attorney/client scale) incurred by Vriesia, including a reasonable fee for all the time spent by Vriesia or Vriesia’s personnel in preparation for any proceedings and attendance at any court or related hearings.
Entire agreement
The terms & conditions contained herein and the documents referred to herein constitute the entire agreement between Vriesia and the Client. No amendment, change or variance from these terms & conditions shall be binding on either party unless mutually agreed to, in writing, and signed by the parties.
Severability
If any provision of these terms & conditions is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of the terms & conditions be construed to remain fully valid, enforceable, and binding on the parties.
General
THE INSPECTION REPORT AND ALL PHOTOGRAPHS CONTAINED IN IT (IF APPLICABLE) REMAIN THE PROPERTY OF VRIESIA AT ALL TIMES AND NO PORTION OF THE REPORT MAY BE REPRODUCED OR USED IN ANY WAY WITHOUT THE INSPECTOR’S EXPRESS WRITTEN CONSENT.