These Terms and Conditions are applicable to all Inspections as requested conducted by Inspect-A-Home® in respect of any type of unmovable property
1. Definitions and Introduction
1.1. Client” means the person/s who commissioned Inspect-A-Home to conduct an inspection on a certain Property/s at a certain address.
1.2. “Fees” shall mean the fees levied by Inspect-A-Home for professional services rendered which fees shall be as per the official Rate Card of Inspect-A-Home as amended from time to time and/or an amount/s as discussed and agreed upon between the Client and Inspect-A-Home.
1.3. “Inspection” means a visual investigation conducted by Inspect-A-Home of a Property.
1.4. “Inspection address” means such immovable property, or such portions thereof, as applicable and/or as agreed, as identified by the Client to be Inspected, provided Inspect-A-Home shall be entitled to refuse, at its discretion, to inspect any Property and shall not be required to state any reason/s.
1.5. “Inspection date” means the date as arranged for Inspect-A-Home to inspect a Property.
1.6. “Inspector” means the person appointed by Inspect-A-Home to conduct the Inspection.
1.7. “Rate Card” means the official rates charged by Inspect-A-Home for professional services rendered.
1.8. “Report” means the compilation of a typed document with respect to any visible defects, snags, or other relevant issues identified by Inspect-A-Home as being present at the Property on the date of Inspection.
1.9. “Cost” means an estimated cost based on our experience and knowledge in the building industry of what the repairs identified in the Report could be.
1.10. The singular includes the plural; natural persons include legal persons; and gender includes the other gender
1.11. Any rule of construction that an agreement is interpreted against the party responsible for the drafting will not apply.
1.12. The Client appoints Inspect-A-Home to conduct an Inspection on the Property. This agreement will commence on the commencement date as requested, and will apply in respect of each Inspection, including all future Inspections conducted specifically requested by the Client and a Fee shall be applicable for each Inspection.
1.13. The Inspection specifically excludes Inspections of and/or testing for: The presence of moisture, radon gas, lead paint, asbestos, urea formaldehyde, carbon monoxide or any toxic, potentially harmful or flammable chemicals; septic tanks or other buried drainage or storage systems; any security system, central vacuum systems, under tile/floor heating, water softeners or treatment services, or fire sprinkler systems; the presence of termites, ants, and woodborer except where their presence is clearly visible.
1.14. The Inspection report does not constitute a compliance statement or certificate in respect of any South African laws, by-laws, regulations, and/or codes.
2. Fees payable
2.1. The Client will pay for the Inspection on presentation of an invoice in accordance with Inspect-A-Home’s Rate Card and/or as agreed via email and/or SMS and/or telephonically. Where Inspect-A-Home has provided a quote for the Inspection, such quote is subject to change, and/or including without limitation as a result of the Inspection being more involved, and/or the Property being larger than was anticipated by Inspect-A-Home at time of quoting.
2.2. Any additional services required, such as, without limitation, assistance in litigation and preparation of expert testimony shall be charged at Inspect-A-Home’s standard rate.
2.3. Without prejudice to any rights and remedies of Inspect-A-Home and/or the inspector who conducted the Inspection, Inspect-A-Home and/or the Inspector who conducted the Inspection shall have the right to decline to act and/or be available as an expert witness and Inspect-A-Home and/or the inspector shall not be required to give any reason/s for such decline.
2.4. Fees are payable after Inspect-A-Home’s visit to the Property, but before the release of the Inspection Report, which Inspection Report Inspect-A-Home is entitled to withhold until the Fees have been settled in full.
2.5. Without prejudice to any rights and remedies of Inspect-A-Home and notwithstanding any legal rule to the contrary, payment made in terms of an electronic transfer, shall be deemed made when such payment reflects in the Bank account of Inspect-A-Home as reflected on the invoice submitted to the Client.
2.6. Fees are quoted excluding VAT unless otherwise noted and are payable free of exchange, set off, counterclaim or bank charges.
2.7. Inspect-A-Home reserves the right to review the Fees in the event of additional services required by the Client, or a change in any other factor affecting the Inspection or other services, as applicable.
2.8. Outstanding amounts will incur 2% interest per month, compounded.
2.9. An invoice issued by any staff member of Inspect-A-Home (whose appointment need not be proved) as to the Client’s outstanding indebtedness will be prima facie proof of the contents and correctness thereof for the purpose of any proceeding.
2.10. The Client will be liable to Inspect-A-Home for any collection or legal costs incurred by Inspect-A-Home in an effort to collect any monies outstanding on an attorney and own client basis.
3. Inspect-A-Home obligations
3.1. Inspect-A-Home will perform the Inspection and complete and submit an electronic Report in typed format presented and delivered via email. In the event that Inspect-A-Home is required to visit a Property more than once for any reason other than Inspect-A-Home’s negligence if any, which negligence has to be proven beyond any doubt, additional Fees may be levied for such additional visit/s.
3.2. Inspect-A-Home will endeavour to provide an electronic Report in typed format in accordance with the latest developments in the building and construction industry, in particular the NBR, SANS 10400, and NHBRC Building Regulations, but, given this complex and dynamic environment, does not guarantee such provision.
3.3. Inspect-A-Home will provide the Client with an estimate of the anticipated costs involved for the remedy of defects, based on Inspect-A-Home’s experience in the building industry. However, Inspect-A-Home does not provide such repair or building services. Such estimated Costs are subject to change upon further inspection by the expert service provider concerned.
3.4. Costing, where and if included in the Report, is set as a guide only to rectify the works we have identified as contained in the Report, based on a visual inspection only. The cost is not intended to be a quotation and do not aim to improve the property from its original state and does not constitute, neither attempt to be, a professional calculated method typically employed in the building industry. Providing such a Cost only attempts to provide the Client with a rough indication of what could be expected to restore/repair/rectify aspects and areas of the Property as indicated in the Report.
3.5. Despite all reasonable endeavours, Inspect-A-Home gives no guarantee that the Inspection will identify each and every defect, whether latent or patent, or other snag or deficiency. In particular, minor or cosmetic defects or deficiencies will not be identified unless expressly agreed to between the parties, in which event an additional fee may be levied. Inspections can only be conducted on visible and accessible areas, and may be limited by, without limitation: the accessibility of various areas of the Property, and/or weather conditions at time of the Inspection, and/or any acts of God such as severe storms, floods and/or other natural disasters, and without limitation: electricity failure, water shut off, strikes, municipal action and/or any other action or conditions that would prohibit Inspect-A-Home to fulfil its mandate.
3.6. Inspect-A-Home will not and may not be required to drill into, remove or destroy any part of the Property, including dismantling or moving any items and/or goods that would require labour and/or tools, for example to inspected a geyser that is in an enclosure secured with screws and/or nails and/or a lock, or any other area that should have been inspected but access could not be gained, including the emptying of store rooms and/or cupboards to do an Inspection inside such areas.
4. Client obligations
4.1. The Client will, without delay, provide Inspect-A-Home with all such information and documentation as required by Inspect-A-home to complete the Inspection.
4.2. If the Client wishes to cancel the Inspection then it needs to be done 12 (twelve) hours before the date and time arranged for the inspection to be conducted. Should the cancellation be made in less than 12 (twelve) hours then the Client shall be liable to reimburse Inspect-A-Home 25% (twenty five percentum) of the quoted amount for the Inspection or the Rate Card, whichever is applicable.
4.3. Should the Inspector arrive at the Property to be inspected and could not gain access for whatever reason and the inspection needs to be re-scheduled or should the Inspector be informed that the services of Inspect-A-Home is no longer required, then the Client shall be liable for the full amount quoted for the Inspection or as per the Rate Card, whichever is applicable.
4.4. The Client will, and undertakes to, arrange any security passes, permission and access to keys, ensuring Inspect-A-Home is granted free, unfettered and lawful access to the Property, and give Inspect-A-Home timeous notification of the access arrangements. Where, for whatever reason, Inspect-A-Home is unable to gain access to areas of the Property, including cupboards, locked rooms, roof cavities etc, Inspect-A-Home will complete the Inspection to the best of its ability.
4.5. The Client will arrange for electricity and water supply to the Property which is to be inspected. If there is no electricity and/or water supply to the Property at the time of the inspection, then Inspect-A-Home cannot be held accountable for the non-inspection of any equipment, or fittings that requires electricity or water to function.
4.6. Should Inspect-A-Home be required to return to the same property to inspect areas where access could not be gained at the time of the inspection, to no fault of Inspect-A-home, then an additional fee shall be payable by the Client in advance before such Inspection is conducted. Such fee/s shall be determined by Inspect-A-Home.
4.7. The Client undertakes to ensure that all valuables and confidential or other sensitive items are removed whilst the Inspection takes place. If same is not possible, the Client will ensure a competent person is present for the duration of the Inspection. Inspect-A-Home cannot be held accountable for any breakages, theft and/or losses of whatever nature.
5. General
5.1. In the event of a dispute between the parties with respect to the outcome of the Inspection, the Client will grant Inspect-A-Home access to the Property to re-do the Inspection but only after it has been established and proven who is at fault and who will bear the cost of the re-Inspection.
5.2. Inspect-A-Home will not be responsible to the Client for any direct or consequential damages, or any loss of profit or special damages that the Client and/or any third party may suffer for any reason. The Client indemnifies Inspect-A-Home against any such claims. To the extent that Inspect-A-Home may have been negligent which if any, needs to be proven beyond any doubt, the maximum limit of the Client’s claim against Inspect-A-Home will be the Fee charged for the Inspection in dispute.
5.3. The parties choose as their respective domicilium citandi et executandi the physical addresses as notified to the other party in writing as required and when needed.
5.4. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then the remaining provisions shall remain in full force and effect.
5.5. Each party hereby consents to the jurisdiction of the Magistrate’s court in the district where the Property is situated, should either party institute legal proceedings out of that court, even if the amount claimed exceeds the jurisdiction of the Magistrate’s court.
5.6. No addition to or variation hereof will be of any force or effect unless reduced to writing and signed by the parties.
5.7. No indulgence by any party will be construed as a waiver of or otherwise affect any party’s rights, or prevent such party from enforcing strict compliance with this Terms And Conditions.
5.8. Any signature for and on behalf of the Client should that be required, warrants that he/she is authorized to sign any relevant documentation on behalf of the Client and that the Client is empowered to accept and enter into this as arranged.
5.9. Such signature, be it from the Client or any authorized person, confirms that this Agreement was read and understood by such person and that the signatory binds himself to the conditions of this Agreement.