Terms of Service
1. INTRODUCTION
1.1. The terms and conditions (“Terms”) apply are incorporated into all contacts for the supply of services (the “Services”) by any franchise partner(s) that operates within the Inspect a Home franchise model.
2. FRANCHISE STRUCTURE AND ENGAGEMENT
2.1. Inspect A Home operates under a franchise model. While you may have contacted Inspect a Home NZ Group Limited trading as Inspect a Home, the inspection services will be delivered by an appointed franchise partner (the “Franchisee”).
2.2. You understand and agree that you will be informed of the appointed Franchisee at least 1 day prior to the date of the inspection. All contractual obligations are solely between you and the Franchisee. You will be asked to acknowledge this prior to engagement.
3. DEFINITIONS
“Client” means the person(s) or entity engaging the Franchisee for inspection services.
“Franchisee” means the franchise partner operating under the Inspect a Home franchise, who will be responsible for performing (either directly, or via their authorised agent) the inspection services.
“Fee” means the price payable for the inspection services, inclusive of GST, subject to variation.
“Inspector” means the person who will be performing the inspection services.
“Report” means any written report supplied by the Franchisee to the Client as part of the inspection services.
“Works” means the inspection services described in the booking confirmation and invoice.
“Master franchisor” means Inspect a Home NZ Group Limited trading as Inspect a Home, operating under a franchise model.
4. ACCEPTANCE
4.1. The Client understands that by accessing or using our services, including booking inspections via our website or communicating with our team, you agree to be bound by this Agreement.
4.2. The Client acknowledges and accepts that they are entering into an agreement directly, and solely, with the Franchisee. The Master Franchisor will not be responsible for the delivery of the Services, or adherence to the Terms contained in this Agreement, all such responsibility and liability will be with the Franchisee.
4.3. In the event of any inconsistency between this Agreement and any other document or arrangement the parties have entered into (whether verbal or in writing), the Terms of this Agreement shall prevail.
5. BOOKING AND PAYMENT
5.1. Payment is required at booking or before inspection. The Franchisee reserves the right to change the Fee in the event of any variation from the scheduled work or specifications, including additional work required due to hidden or unidentifiable difficulties. The Franchisee will advise the Client of any change to the Fee in writing.
6. CANCELLATION AND RESCHEDULING
Any notice of cancellation must be provided in writing. Client Cancellation within 72 hours of the booked inspection date – 35% of the quoted inspection price. Client Cancellation within 48 hours of the booked inspection date – 70% of the quoted inspection price. Client cancellations within 24 hours incur full fee. The Franchisee may cancel with 1 days written notice and refund any prepaid fees. The Franchisee shall not be liable for any loss or damage whatsoever arising from such cancellation.
7. INSPECTOR CONFLICT OF INTEREST
7.1. The Franchisee warrants that its Inspectors have no interest, present or contemplated, in the subject building.
8. SCOPE OF SERVICES
8.1. The inspection and Report provided by the Franchisee are based on a visual, non-invasive assessment of accessible areas of the property, conducted in accordance with NZS 4306:2005. The Report identifies significant defects and areas of concern on an “exceptions basis” and is not a comprehensive list of all minor issues or maintenance items.
8.2. The inspection covers key areas including exterior roof, roof space, external cladding, foundation and subfloor, plumbing and electrical systems, weathertightness, site improvements, and signs of pests or hazards. The inspection does not include destructive testing, disassembly, or movement of furniture, stored items, or fixtures.
8.3. The Report is intended as a general guide to assist the Client in evaluating the overall condition of the property. It is not a warranty or guarantee of the current or future performance, adequacy, or compliance of any building element, system, or structure. The Client understands that the Report is a general guide only, and the Franchisee will not be responsible for any assumptions or reliance the Client may make based on the Report.
8.4. The Report does not constitute any form of specialist report, including but not limited to: electrical, plumbing, gas, geotechnical, structural engineering, valuation, compliance, weathertightness, or natural disaster damage assessments.
8.5. The following matters are expressly excluded from the scope of the inspection and Report:
• Concealed or inaccessible components (e.g. insulation, wiring, drainage);
• Environmental hazards (e.g. mould, asbestos, formaldehyde);
• Detached structures, pools, spas, private water or septic systems;
• Internal system adequacy, efficiency, or life expectancy;
• Legal title, boundaries, planning or resource consent issues;
• Common areas in multi-unit dwellings;
• Any component not specifically identified as inspected.
8.6. Moisture readings may be taken at random using non-invasive methods. The Client acknowledges that issues such as toxic mould, leaky home syndrome, or rot are not covered by the inspection and should be assessed by a qualified specialist.
8.7. For multi-unit properties, the inspection is limited to the interior and accessible exterior of the specific unit. Common areas such as shared roofing, foundations, and site infrastructure are excluded.
9. REASONABLE ACCESS
9.1. The Client will ensure that the Franchisee is legally entitled to have reasonable and unobstructed access to all inspection areas within the scope of Work.
9.2. Reasonable access is access that is safe, unobstructed, based on the following minimum access dimensions:
• Sub-floor – safe access is a minimum clearance of a 450 x 400m opening access door and a minimum crawl space of 500mm vertical clearance from the sub floor area.
• Roof cavity – those areas that can be safely accessed from a 3.6m ladder and a minimum crawl space of 610 x 610mm and a 500 x 400mm opening access door.
• Exterior roofs – can be safely accessed from a 3.6 m ladder (or if the safe conditions are not available, the area can be subject to a visual inspection only subject to reasonable visibility from the ground).
9.3. The Client understands that if access is not provided, at the agreed time, and therefore the Franchisee is required to re-visit and/or reinspect, a further charge based on an hourly rate of $180 + GST per hour will apply.
10. INSPECTION REPORTS
10.1. The Report will be provided in PDF format at the date and time indicated by the Franchisee at the time of entering this Agreement, or within 48 hours after the inspection has been conducted. The Franchisee will make reasonable efforts to supply the Report by the indicated date and time. However, the Client understand this is an indication only, and may be subject to change.
10.2. The Franchisee retains sole discretion to vary the date and time that the Report is supplied, and any such variation will not be considered a breach of this Agreement.
10.3. The Client acknowledges and understands that the Report is for the Client’s use only and may not be relied upon by third parties without written consent. The Franchisee accepts no liability for any action taken by third parties in reliance on the Report.
11. LIMITATIONS OF LIABILITY
11.1. For the purposes of this clause, references to the Franchisee include the Franchisee’s directors, employees, agents, subcontractors, and any associated entities.
11.2. Subject to the Franchisee’s obligations under the Consumer Guarantees Act 1993 (where applicable), the Franchisee shall not be liable to the Client for any direct, indirect, or consequential loss or damage arising from:
• Any breach of these Terms;
• The performance or use of the inspection services or Report;
• Any failure of the Works to meet industry standards, including where caused by negligence.
11.3. The Franchisee’s total liability under these Terms, whether in contract, tort (including negligence), equity or otherwise, shall be limited, at the Franchisee’s discretion, to either:
• The amount paid by the Client for the Works; or
• Remedying any defect in the Works caused by the Franchisee’s breach.
11.4. The Client agrees to indemnify the Franchisee against all claims, losses, damages, liabilities, and costs (including legal costs on a solicitor-client basis) arising from:
• Any act or omission of the Client in connection with these Terms;
• Any third-party claim arising from reliance on the Report or the Works.
11.5. The Franchisee shall not be liable for any loss or damage arising from matters outside the scope of the inspection, including but not limited to:
• Water ingress and resulting damage;
• Rot, mould, mildew, or other biological deterioration;
• Costs associated with remediation or testing of environmental hazards;
• Failure of the property to comply with the Building Act or Building Code, including issues related to moisture, durability, liquefaction, or ground movement.
12. CONSUMER PROTECTION
12.1. These Terms are subject to the Consumer Guarantees Act 1993. If the Client is acquiring services for personal use, the Act applies and overrides any inconsistent terms. If the Client is acquiring services for business purposes, the Act does not apply.
13. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
13.1. The Report and all associated Works are confidential and prepared solely for the Client. They must not be relied upon by any third party. The Franchisee accepts no responsibility for any action taken by a third party in reliance on the Report or any part of the Works.
13.2. The Franchisee retains copyright in all written designs, drawings, specifications, processes, Reports, and other documents created in connection with the Works. The Report may not be copied, reproduced, or distributed in any form without prior written consent, except where shared with the Client’s professional advisers for the purpose of property evaluation.
13.3. For clarity, the Franchisee may reproduce or share anonymised versions of the Report, provided all personal information of the Client is removed.
14. PRIVACY
14.1. The Client authorises the Franchisee to collect, use, retain, and disclose personal information for the purposes of:
• Performing and administering the services under this agreement;
• Enforcing the Franchisee’s rights under these Terms;
• Communicating with the Client regarding the services.
14.2. The Client consents and authorises the Franchisee and the Master Franchisor to collect, retain and use any information about the Client, for the purpose marketing products and services to the Client.
14.3. The Client has the right to access and request correction of their personal information held by the Franchisee. Reasonable charges may apply for providing access. All personal information will be handled in accordance with the Privacy Act 2020.
15. FORCE MAJEURE
15.1. Neither the Franchisee nor the Client shall be liable for any failure or delay in performing their obligations under these Terms where such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to:
• Acts of God or natural disasters;
• Epidemics, pandemics, or public health emergencies;
• Government restrictions, lockdowns, or regulatory changes;
• Labour strikes, industrial action, or supply chain disruptions;
• Power outages, telecommunications failures, or civil unrest.
15.2. The affected party must notify the other party in writing as soon as reasonably practicable, specifying the nature of the event and the expected duration of the delay.
15.3. Obligations affected by a force majeure event shall be suspended for the duration of the event. The parties shall take reasonable steps to mitigate the impact and resume performance as soon as possible.
15.4. If the force majeure event continues for more than 30 days, either party may terminate the agreement without penalty, provided that any services already rendered shall be paid for in full.
16. DISPUTE RESOLUTION
16.1. In the event of any dispute, disagreement, or claim arising out of or in connection with these Terms or the services provided, the Client and the Franchisee agree to first attempt to resolve the matter in good faith through direct negotiation.
16.2. If the dispute cannot be resolved within 14 calendar days of written notice being given by either party, the parties agree to refer the matter to mediation administered by a recognised New Zealand mediation service, such as the Resolution Institute or the New Zealand Law Society.
16.3. If mediation is unsuccessful or not initiated within a reasonable time, either party may refer the dispute to the Disputes Tribunal (for claims within its jurisdiction) or the District Court of New Zealand, depending on the nature and value of the claim.
16.4. The Client acknowledges that the Master Franchisor, is not a party to the service agreement and shall not be involved in or liable for any dispute resolution process between the Client and the Franchisee.
17. GENERAL TERMS
17.1. These Terms bind all parties jointly and severally where applicable.
17.2. A delay or failure by the Franchisee to enforce any provision does not constitute a waiver of its rights, unless expressly waived in writing.
17.3. These Terms represent the entire agreement between the Client and the Franchisee and supersede all prior communications or arrangements. The Client acknowledges they are entering into this agreement with the Franchisee, not with the Master Franchisor.
17.4. If any provision is found to be invalid or unenforceable, it will be severed, and the remainder of the Terms will continue in full force.
17.5. No variation to these Terms is effective unless agreed in writing by both parties.
17.6. The Client may not assign or transfer their rights or obligations without the Franchisee’s prior written consent. The Franchisee may assign its rights or obligations at its discretion.
17.7. These Terms are binding on each party and their permitted successors and assigns. Except as expressly stated, no third party has rights under these Terms, including under the Contracts (Privity) Act 1982.
17.8. The Client confirms they have entered into this agreement based on their own judgment and not in reliance on any representation made by the Franchisee or the Master Franchisor.
17.9. The Client warrants they are legally entitled to enter into this Agreement.
17.10. The parties understand that this Agreement becomes legally binding and enforceable upon both parties signing and/or entering into this Agreement. In the event both parties do not sign the Agreement, any written confirmation reflecting the party’s intention to enter into this Agreement, and agreement on the terms contained herein, will be deemed legally binding, in accordance with the Contract and Commercial Law Act 2017.
17.11. Any facsimile copy of these Terms (including any facsimile copy of any document evidencing any party’s agreement of these terms) may be relied on by any other party as though it were the original copy
17.12. These Terms are governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts.