NZ Asbestos Clearance Certificate
This is a pre-inspection agreement between you (the Client) and the Building Consultant named below for an inspection and report (Services) at your Property. This agreement is designed to ensure you understand the scope, extent of reporting and limitations of the Service.
PLEASE BE AWARE THAT BY ITS NATURE THIS SERVICE HAS LIMITATIONS AND EXCLUSIONS YOU SHOULD BE AWARE OF. Please review this agreement and contact your inspector with any queries.
You need to sign and return this agreement to your inspector, before your inspection takes place.
The Service you are purchasing is: Asbestos Clearance Certificate
The purpose of the Service is to identify asbestos that is visible at the Property at the time of the inspection.
We’ll report on the following significant items:
- the suspected presence of asbestos or asbestos containing material (ACM)
- Where sampling is included, confirmation as to whether the samples tested are asbestos and of which type they are and their condition.
Key terms in italics are based on New Zealand Standard Definitions and are explained on our website here: https://www.jimsbuildinginspections.co.nz/glossary.
Our testing is done in accordance with the Australian Standard 4964-2004 and you acknowledge that the extent of our reporting is based on conditions of the Property at the time of the inspection and subject to the scope, accessibility and other limitations set out below.
We use visual inspection methods and, where requested, sampling of building materials to identify or confirm the presence of asbestos containing materials.
Unless explicitly included as part of the Services, the Services do not consist of or include an asbestos register, management plan, monitoring plan or labelling of asbestos locations (including any such artefact that may be required under any workplace health and safety legislation.)
Our Report may recommend a further inspection by another specialist or a further Detailed Assessment. A detailed assessment is an extensive, often more invasive investigation to determine the exact location, nature and extent of the contamination and to form a decontamination plan. We recommend you act on this advice.
The Report will not include commentary or estimates of the costs to remove or manage asbestos or ACM.
We don’t advise you about title, ownership or other legal matters like easements, restrictions, covenants and planning laws. None of our inspections constitute an approval by a Building Surveyor, a certificate of occupancy or compliance with any law, regulation or standard.
Whilst all care will be taken in the removal of the smallest possible sample, any damage to the sample site or surrounding building material, fittings and fixtures is the responsibility of the Client. Repairs and reinstatement of the sample site and any associated costs to make safe are excluded from the Service.
Where sampling is requested as part of your Service, the Client must ensure that:
- we have permission from the owner of the Property to take samples
- we have suitable access to take samples, which must be at least a 10 metre exclusion area at the site of each sample
- the Client takes responsibility for any incidental, accidental or unplanned contamination of the location or inspection site as a result of sampling
- rectification and reinstatement of the sample sites is performed by a professional tradesman.
Areas for Inspection
We only inspect and report on areas we have Reasonable Access. You will need to ensure we have access to all areas at the Property being inspected. If you are not the owner, you should discuss this with the Real Estate Agent or owner.
We will consider the following areas inaccessible:
- Elevated areas like roofs that are not safely accessible from a 3.6m ladder, using an unobstructed line of sight where building elements are close enough to allow inspection
- Access points (like manholes) smaller than 400mm x 500mm
- Crawl space (like under floors etc) with a clearance of less than 600mm x 600mm (in the roof space) and vertical clearances of 400mm (for timber subfloor) and 500mm (for concrete subfloor)
- where reasonably entry is denied to us, or where we cannot access, are excluded from the inspection.
We will identify in our Report any additional areas that are inaccessible and you may choose to have a further invasive Inspection Service undertaken.
We may need to turn off the mains power for a short time to safely inspect the roof space. We will require you to separately consent to this, and where permission is not granted we will be unable to access the roof void and this will form a limitation for us. If you have any concerns over this, please discuss this with your inspector.
If this is an Invasive Inspection Service, we will perform the inspection in a manner which minimises damage where possible, however the Client acknowledges that works involved in an invasive inspection includes taking samples and may cause degradation or damage to materials and Property elements, that the Service does not include any rectification or reinstatement works and the Client agrees to indemnify us against any costs incurred as a result of the inspection.
In addition, the Client must gain all necessary permissions for the invasive inspection to take place and ensure any rectification or reinstatement works are carried out by a professional tradesperson.
In addition to inaccessible areas, inspections are commonly and frequently limited by a number of factors. You should expect this to happen during your inspection.
You must inform us of any known or potential limitations that may impede our ability to perform the Inspection or produce the Report.
Examples of common limitations are listed below:
- conditions we reasonably consider unsafe to inspect;
- Locked doors or inaccessible rooms
- Security systems
- Furniture, floor coverings, wall and ceiling linings and stored items
- Restriction of access due to height – we only inspect first storey roof structures unless prior arrangement is made
- Restriction of access due to lack of clearance, small crawl spaces, lack of entry access points or thick vegetation
- Adverse weather conditions
You acknowledge that the limitations described above, are not intended to be an exhaustive list and we will endeavour to identify any limitations or restrictions specific to the Property as soon as possible. You may then choose to have a further invasive inspection service conducted.
This Service does not consist of or facilitate compliance with:
- an Asbestos Register or Asbestos Management Plan (as required by WHS Regulations). This is a recommended additional service for all workplaces which is available on request.
- Labelling requirements of ACM locations with compliant safety notices (as required by WHS Regulations) is also excluded from this service.
The cost to rectify or repair locations of sample sites and resultant damage is excluded from this Service and is the responsibility of the Client
We won’t inspect Common Property unless specifically requested, and exclude any item the subject of a special purpose report, items not inspected by the Inspector, matters outside the Inspector’s expertise and any matter the inspection or assessment of which is solely regulated by statute.
Liability and acknowledgement
The client acknowledges that
- removal of access, vent or other covers during the course of the Services will be done in a tradesman like manner, however we do not accept liability for damage or reinstatement, replacement or repair which may arise during this process;
- The Report does not constitute a warranty or an insurance policy against problems developing with the building in the future. Accordingly, a preventative maintenance program should be implemented for the property which includes systematic inspections, detection and prevention of incipient failure; and
We accept liability for any implied contractual terms that cannot be excluded or limited under applicable law, and any loss that is reasonably foreseeable from our failure to follow NZ 4306: 2005, however provided you obtain the benefit of any warranty or other obligation conferred upon you pursuant to as a consumer, we limit our liability to the replacement of the Services the provision of equivalent Services or the cost of providing those Services.
Other than as specifically accepted by us above, we are not liable for any other losses or damages you may suffer, including any loss caused by you or to the extent it results from your failure to take reasonable steps to avoid or minimise that loss, loss caused by event falling outside our reasonable control and any indirect or consequential losses.
You indemnify, and keep indemnified, us and our franchisors, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim arising out of your failure to advise on safety issues at the Property, your negligence or breach of these terms and conditions.
We value your personal information, we will ensure it is secure and never share or sell your personal details and contact information with people not associated with Jim’s Building Inspections, unless instructed to do so by you.
COMPLIMENTS AND COMPLAINTS
Your feedback, both positive and negative, can assist us to improve our services. We encourage you to please
contact us with any compliments or concerns directly and as soon as you are able.
The process for managing customer feedback is documented below:
- Contact your inspector directly to provide feedback or make any complaint as soon as you are able.
- If your inspector cannot resolve it or it involves our insurers they will escalate it to their Regional Franchisor (Manager) and / or insurer as applicable.
- You can also contact their Regional Franchisor (Manager) directly on 0800 454 654 ask to speak to your Inspectors Regional Franchisor (Manager) or email firstname.lastname@example.org
You acknowledge and agree we own the copyright in the Report and may make the Report available to third parties.
This agreement and the Services will be governed by the laws in force in the state or territory in which the Property is located.