terms and Conditions 

Terms and Conditions

 

Urban Luxury Ltd
Trading as INSPEC
Terms and Conditions of Trade

1. Definitions

1.1 Unless otherwise specified, the following definitions apply:

(a) Business Day:
Any day except Saturday, Sunday, or a public holiday as defined in section 5(1) of the Holidays Act 2003 in [Insert Location]. Services will only be provided on Business Days unless otherwise agreed.

(b) Company:
Urban Luxury Ltd, trading as INSPEC (Company Number [Insert Number]), a New Zealand-registered company providing property inspection services.

(c) Customer:
The person, business, or legal entity engaging the Company’s Services by accepting a Quote, thus forming a Contract.

(d) Contract:
A binding agreement between the Company and the Customer, including these Terms and any specific conditions detailed in the accepted Quote.

(e) Force Majeure Event:
Any event beyond the reasonable control of the Company, including but not limited to natural disasters, pandemics, acts of government, war, or labor strikes, that prevents the Company from fulfilling its obligations.

(f) Inspection:
A non-invasive, visual review conducted to assess the general condition of accessible areas within the Property.

(g) Inspector:
A qualified professional or subcontractor engaged by the Company to conduct the Inspection and generate the Report.

(h) Intellectual Property Rights:
All rights, including copyright, trademarks, and proprietary information, associated with the materials, Reports, and deliverables produced by the Company.

(i) Price:
The total cost of the Services, exclusive of GST unless otherwise specified, as detailed in the Quote or invoice.

(j) Property:
The residential or commercial structure, including land and buildings, subject to the Inspection.

(k) Report:
The official document provided by the Company following the Inspection, summarizing findings, including identified defects, potential risks, and recommendations.

(l) Services:
The property inspection services and any related advisory services specified in the Quote.

2. Interpretation

2.1 The following principles apply to these Terms:

(a) References to the Parties include their legal representatives, successors, and permitted assigns.
(b) References to statutes or regulations include amendments, replacements, and associated legal instruments.
(c) Words such as "including" or "for example" are used to provide context and do not limit the scope of the clause.
(d) Where a conflict arises between these Terms and any other document, these Terms will prevail unless explicitly stated otherwise in writing.

3. Application of Terms

3.1 Formation of Contract
A Contract is established when the Customer accepts a Quote, either verbally or in writing.

3.2 Priority of Terms
In the event of a discrepancy between these Terms and the specific terms in a Quote, the terms in the Quote will take precedence.

3.3 Acceptance of Terms
By engaging the Company’s Services, the Customer agrees to be bound by these Terms, even if they have not been explicitly signed.

4. Subcontractors and Personnel

4.1 Engagement of Subcontractors
The Company reserves the right to employ subcontractors or third-party personnel to assist in delivering the Services.

4.2 Responsibility and Accountability
The Company retains full responsibility for the actions, conduct, and performance of any subcontractors or personnel involved in providing the Services.

4.3 Customer Limitation of Claims
The Customer agrees not to bring any claims, whether in contract or tort, against individual employees, agents, or subcontractors of the Company. Any claim arising from the Services must be directed to the Company as the principal contractor.

5. Inspection

5.1 Scope and Nature
The Inspection conducted by the Company is visual, non-invasive, and non-destructive. It is limited to areas that are accessible and safe for the Inspector to review without special equipment or structural alterations.

5.2 Limitations of Inspection
The Inspection does not include:

• Moving furniture, appliances, or personal belongings.

• Dismantling structures, fixtures, or systems.

• Entry into areas deemed unsafe by the Inspector (e.g., unstable roofs, chemically treated spaces).

5.3 Inaccessibility
If certain areas are inaccessible or unsafe, the Inspector will note this in the Report. The Customer may request a re-inspection after resolving access issues, subject to additional fees.

5.4 Disclaimer
The Company is not liable for defects or issues concealed by furnishings, inaccessible areas, or any limitations beyond the Inspector’s control.

6. Scope of the Report

6.1 Purpose of the Report
The Report provides an overview of the Property’s condition at the time of Inspection. It highlights visible defects, potential risks, and areas requiring further investigation.

6.2 Exclusions
The Report will not:

• Provide a warranty on the condition of the Property.

• Predict future defects or deterioration.

• Assess structural engineering, compliance with local regulations, or the adequacy of building materials.

6.3 Intellectual Property Rights
All Reports and related materials remain the exclusive property of the Company. The Customer is granted a non-transferable license to use the Report for personal purposes. The Report may not be reproduced or distributed without the Company’s written consent.

6.4 Intended Use
The Report is intended solely for the Customer’s use. It should not be relied upon by third parties, such as prospective buyers or lenders, without prior written consent from the Company.

7. Customer Obligations

7.1 Provision of Information
The Customer must provide complete and accurate information about the Property, including known defects or past repairs.

7.2 Access and Safety
The Customer must ensure that the Property is accessible, safe, and free from hazards during the Inspection. Failure to do so may result in additional charges or delays.

7.3 Risk Disclosure
The Customer must disclose any potential risks, such as the presence of hazardous materials, to the Company in advance.

8. Pricing and Payment

8.1 Price
The Price for the Services is as outlined in the Quote or invoice. All Prices are exclusive of GST unless otherwise stated.

8.2 Payment Terms
The Customer must make payment within the timeframe specified in the invoice. The Company reserves the right to withhold the Report until full payment is received.

8.3 Additional Costs
The Customer may incur additional fees for services beyond the agreed scope, such as re-inspections or extended travel.

9. Cancellations and Termination

9.1 Cancellation by Customer
(a) If canceled more than 24 hours before the scheduled Inspection, no fee will apply.
(b) Cancellations made less than 24 hours before the Inspection will incur a cancellation fee of $175 + GST.

9.2 Termination by Company
The Company may terminate the Contract immediately if:

• The Inspector encounters safety risks.

• The Customer fails to provide reasonable access or payment.

10. Liability and Indemnity

10.1 Limitation of Liability
The Company’s total liability, whether in contract, tort, or otherwise, is limited to the lesser of four times the Price of the Services or $10,000.

10.2 Exclusion of Consequential Loss
The Company is not liable for indirect or consequential losses, including loss of profits, business, or reputation.

10.3 Indemnity
The Customer agrees to indemnify the Company against any claims, damages, or losses arising from third-party reliance on the Report or any breach of these Terms by the Customer.

11. Force Majeure

The Company is not liable for delays or failure to perform its obligations due to a Force Majeure Event. If a Force Majeure Event persists for more than 10 Business Days, either Party may terminate the Contract without penalty.

12. Disputes

12.1 Resolution Process
The Parties agree to resolve disputes amicably through negotiation. If unresolved, the matter may be referred to mediation or arbitration.

12.2 Legal Action
For urgent matters, either Party may seek relief in court.

13. Confidentiality and Privacy

13.1 Confidentiality
Both Parties must maintain the confidentiality of sensitive information shared during the Contract.

13.2 Privacy Compliance
The Company will process personal information in accordance with the Privacy Act 2020 and its privacy policy.

14. Health and Safety

Both Parties agree to comply with the Health and Safety at Work Act 2015 and to cooperate on safety matters during Inspections.

15. General

15.1 Amendments
These Terms may be updated by the Company with notice to the Customer.

15.2 Jurisdiction
This Contract is governed by New Zealand law, and disputes will be subject to the exclusive jurisdiction of its courts.