Terms & Conditions

Introduction

Cozy Building Compliance Ltd (“the Company”) agrees to provide you (“the Client”) with a written report (“the Report”) based on a visual, non-invasive inspection of the residential building(s), conducted in accordance with the New Zealand Property Inspection Standard NZS 4306:2005 (“the Standard”).

In compliance with the Standard, this agreement outlines the following:

• The scope of the inspection and report
• Any limitations of the inspection and report
• Specific exclusions
• Our terms of trade

These Terms and Conditions must be accepted by the Client prior to the scheduled inspection date. The acceptance process includes confirmation of the Client’s contact information. No inspection will be carried out until formal acceptance of this agreement has been received.

If you have any questions or require clarification regarding this agreement, please do not hesitate to contact us directly. We are happy to assist you.

Scope of Inspection and Report

At Cozy Building Compliance Ltd, all inspections are conducted strictly in accordance with New Zealand Standard NZS 4306:2005. The inspection is limited to a visual, non-invasive assessment of the readily accessible components of the residential building that are within the clear line of sight of the Inspector at the time of the inspection.

A non-invasive moisture meter will be used in accessible joinery areas and identified risk zones. However, this testing is indicative only and not definitive. It is intended to assist in identifying potential moisture concerns, but it is not a substitute for invasive or specialist testing where further investigation is warranted.

This inspection and the accompanying written report are intended solely for the purposes of pre-purchase or pre-sale property evaluation. By engaging our services, you, the Client, acknowledge and agree to be bound by the scope, limitations, and conditions as set out in NZS 4306:2005.

A full copy of NZS 4306:2005 is available for purchase from Standards New Zealand at: https://www.standards.govt.nz/shop/NZS-43062005

Inspection Conduct and Certification

• The inspection will be carried out by a qualified inspector with appropriate building inspection experience and relevant certification, in accordance with NZS 4306:2005.
• We certify that the inspection has been conducted in full compliance with the Standard, and that the Inspector meets the competency requirements as outlined in NZS 4306:2005.

Report Delivery Timeframe

Cozy Building Compliance Ltd will endeavour to deliver the completed written inspection report within 24 to 48 hours following completion of the on-site inspection, unless otherwise agreed in writing.

Delays may occur due to unforeseen circumstances such as high report volume, property complexity, or adverse weather conditions. In such cases, the Client will be notified as soon as practicable, and the report will be issued at the earliest reasonable opportunity.

Weather Tightness and Moisture Testing

Moisture testing will be conducted regardless of the building’s age.

However, this inspection does not include assessment against Appendix A of NZS 4306:2005 or against Clause E2/AS1 of the New Zealand Building Code, or any Matrix or Evaluation methods. Such assessments require the involvement of a suitably qualified specialist and lie outside the scope of this report.

Visual Inspection Only (Conducted in Accordance with NZS 4306:2005)

At Cozy Building Compliance Ltd, our inspections are carried out in accordance with New Zealand Standard NZS 4306:2005, and are strictly visual and non-invasive in nature. The purpose is to identify any Significant Faults or Defects that are reasonably visible at the time of inspection.

Reasonable Access to Be Provided

To enable a thorough inspection in accordance with NZS 4306:2005, the Client agrees to ensure that reasonable access is provided to all relevant areas of the property. This includes, but is not limited to, the roof cavity, subfloor (foundations), and roof exterior.

Inspection and Report Scope Limitation

a. This Report is prepared exclusively for the Client who has engaged Cozy Building Compliance Ltd to carry out the inspection and may not be relied upon by any third party without our written consent.

b. The inspection and resulting report are intended as a general overview of the visible condition of the property at the time of inspection. The Report is provided to assist the Client in making their own informed decision regarding the property. It is not intended to determine the market value of the property or to offer financial or legal advice regarding the advisability of purchase.

c. The inspection and report are non-invasive and not technically exhaustive. It is not guaranteed that every component will be inspected, nor that every defect—visible or hidden—will be identified.

d. No intrusive or destructive inspection, disassembly of systems or equipment, or movement of furniture, stored items, or excavation will be undertaken as part of the inspection.

e. Components or conditions that are concealed, deliberately hidden, difficult to access, or located in unsafe or restricted areas are excluded from the scope of the inspection and report.

f. Where present, a cursory inspection of the hot water, plumbing, and electrical systems will be conducted (e.g., testing accessible power points and lights). However, the Inspector is not a qualified plumber, electrician, or gas fitter, and findings are based solely on visual assessment and basic functionality at the time of inspection. Items such as air conditioning systems, dishwashers, stoves, heating systems, antennas, swimming pools, and spas are not inspected.

g. The report does not constitute a compliance check with any building regulations, legal or territorial authority standards, or codes. It is not a guarantee or warranty regarding current or future weathertightness, structural integrity, or system performance.

h. Issues outside the scope of this inspection include, but are not limited to:

• Detection of formaldehyde, asbestos, lead paint, toxic or flammable substances.
• Pests, mould, or environmental health hazards.
• Zoning, code compliance, or legal restrictions.
• Playground equipment, swimming pool safety, insulation performance, intercoms, alarms, and security systems.
• Any components not operating at the time of inspection, or that require specialist testing or licensing.

i. You acknowledge that not all defects will be detected, particularly when:

• Faults occur intermittently or under specific conditions (e.g., after prolonged use or in certain weather).
• Areas are obscured by furnishings or deliberately concealed.
• We are provided with incorrect or incomplete information.
• The fault is not observable during a visual inspection.

j. Any recommendations or repair suggestions in the report are advisory only. It is your responsibility to ensure that qualified professionals carry out further investigation or remedial work in compliance with any required manufacturer specifications, warranties, and local authority approvals.

k. We do not provide oral reports in place of written documentation. If verbal advice is given, Cozy Home Service Ltd accepts no liability for its accuracy or interpretation without an accompanying written report.

Limitation of Liability

a. To the fullest extent permitted by law, the liability of Cozy Building Compliance Ltd, its inspectors, and employees for any loss, damage, injury, or harm arising in connection with the inspection and/or the resulting report is strictly limited to the total amount paid by the Client for the inspection and report. Cozy Building Compliance Ltd shall not be liable for any indirect, consequential, or special loss or damage, including (but not limited to) loss of opportunity, loss of profit, or damage incurred by third parties.

b. The Client agrees to indemnify and hold harmless Cozy Building Compliance Ltdand its inspectors from any claims, actions, or proceedings brought by the vendor or any third party arising out of the distribution, sharing, or use of the inspection report or summary—whether in whole or in part—by the Client.

c. Furthermore, the Client agrees to be liable for and to reimburse any legal costs, expenses, or damages incurred by Cozy Building Compliance Ltd as a result of such third-party claims or disputes relating to the use or disclosure of the report by the Client.

d. Consumer Guarantees Act and Fair Trading Act
Where the Client acquires the services for business purposes, the provisions of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 shall not apply. To the maximum extent permitted by law, the Client acknowledges that these Acts are excluded from this agreement.

e. Insurance Cover
Cozy Building Compliance Ltd maintains Professional Indemnity and Public Liability insurance. Any claim by the Client shall be limited to the extent that such insurance responds, and no further liability shall be accepted beyond the policy coverage.

Inspector Independence and No Personal Interest

At Cozy Building Compliance Ltd, we certify that our inspectors have no current or anticipated personal interest in the property being inspected, its improvements, or any associated transactions. Our inspectors are not affiliated with any tradespeople, contractors, or service providers who may stand to gain from repairs, renovations, or upgrades related to the inspection.

We confirm that, to the best of our knowledge and belief, all information, observations, and opinions presented in the report are accurate, impartial, and provided in good faith, based solely on the findings from the time of inspection.

Dispute

a. In the event that you wish to raise a dispute or concern regarding the inspection or the contents of the report, you must notify CCozy Building Compliance Ltd in writing immediately upon discovery of the issue.

b. Once a dispute has been raised, you agree not to rely on the contents of the report for the purpose of satisfying any conditions within a sale and purchase agreement until the matter has been fully investigated and resolved.

c. Should you proceed to use the inspection report to make an unconditional offer or confirm a sale and purchase agreement after raising a dispute, you will be deemed to have waived your right to continue with the dispute and to raise any further claims related to it.

d. If the dispute involves alleged damage to the property, you agree to provide Cozy Building Compliance Ltd with a reasonable opportunity to inspect and assess the issue before any repairs are initiated. Failure to provide this opportunity will result in the waiver of your right to pursue or continue any related claim.

e. You also agree not to alter, repair, or remove any item or condition relevant to the dispute unless it is required to prevent immediate harm or address an emergency situation.

f. All complaints and disputes will be managed in accordance with our internal complaints handling process.

g. Time Limitation
Any claim, dispute, or proceeding arising out of or in connection with the inspection or report must be notified to Cozy Building Compliance Ltd within ninety (90) days of the inspection date. Claims made outside this period will not be accepted.

Disclaimer

a. This report is based solely on a visual, non-invasive inspection of the readily accessible areas of the property as observed at the time of inspection. It does not include components that are hidden behind finished surfaces or obstructed by coverings, furniture, personal items, appliances, vehicles, vegetation, soil, or debris. Concealed elements such as plumbing, drainage, insulation, wiring, structural framing, or ventilation systems are excluded from the scope of the inspection.

b. This inspection does not constitute a compliance check with the New Zealand Building Code, including but not limited to its weathertightness or structural requirements. If assessment of code compliance, structure, or building systems (e.g. electrical, plumbing, gas, or heating) is required, you must engage the appropriate specialist inspector or consultant.

c. The purpose of this report is to provide a general overview of the property’s condition at the time of inspection based on the accessible and visible elements only. Accordingly, not all past, present, or future defects may be identified. Where systems or appliances are mentioned, this refers only to their presence—not their functionality, adequacy, or remaining lifespan.

d. Any area, item, or component not specifically stated in this report as having been inspected is deemed to be outside the scope of this inspection.

e. Copyright
The inspection report remains the intellectual property of Cozy Building Compliance Ltd. The Client is granted a non-transferable, single-use licence to use the report solely for the purpose of the property transaction relating to the inspected dwelling. The report may not be copied, distributed, or relied upon by any third party without prior written consent.

Terms of Trade

By engaging Cozy Building Compliance Ltd to provide building inspection services and reports, you agree to the following terms:

a. Payment Terms
Payment is required prior to the release of the inspection report. Invoices not settled by the due date will incur interest charges of 15% per calendar month on the outstanding amount, in addition to any debt collection costs incurred.

b. Progress Billing
Where work is ongoing or conducted over multiple stages, monthly progress invoices may be issued, with a final invoice provided upon completion of all services.

c. Quoted Work
If a quotation has been provided, any additional expenses not included in the quote will be charged at cost plus 15%. For any work exceeding the initial estimate, your prior approval will be sought before proceeding.

d. Limitations of Liability
We accept no liability for any cost, loss, or damage arising from:

• Errors or omissions in information, documentation, or data not prepared by us or under our direct control.
• Results or conclusions drawn from any form of sampling or testing.
• Any act, omission, negligence, or fraud committed by you.
• Any act, omission, negligence, or fraud by any consultant, contractor, supplier, or agent engaged by you.

e. Sampling and Testing
Any test samples (e.g. methamphetamine or asbestos) are random and may not be representative of the entire property or untested areas. Test results and reports do not constitute a warranty or guarantee regarding the presence or absence of any substance.

f. Confidentiality
All commercially sensitive information obtained during the course of the inspection and report preparation will remain confidential between both parties.

g. Third-Party Use and Reliance
The contents of any report prepared by Cozy Building Compliance Ltd are intended solely for the client and must not be shared or relied upon by any third party. We accept no responsibility for any actions taken by third parties based on the contents of our reports.

h. Research and Evaluation Use
Should report contents be used for industry research or evaluation, such use must exclude any identifying information related to the property or individuals referenced in the report.

i. Legal and Enforcement Costs
You agree to pay all legal or enforcement costs (including solicitor/client costs) incurred by us due to any breach of these terms.

j. Governing Law and Jurisdiction
These terms are governed by the laws of New Zealand. Any disputes or legal proceedings shall be heard in the District or High Court in Wellington, irrespective of your residential or business location.

k. Severability
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect.

l. Force Majeure
CCozy Building Compliance Ltd shall not be liable for any failure or delay in performance of its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to extreme weather, illness, accidents, acts of God, or other unforeseen events.

Cancellation Policy

We understand that plans can change unexpectedly. However, arranging an inspection requires time and scheduling resources. As such, the following cancellation terms apply:

a. Cancellations with Notice
No cancellation fee will apply if written notice is provided at least 24 hours (one full working day) prior to the scheduled inspection time.

b. Late Cancellations
If the inspection is cancelled within 24 hours of the scheduled time, a cancellation fee of $200 + GST will apply.

c. Same-Day Cancellations
If the inspection is cancelled on the day of the scheduled appointment, or if access is not available at the arranged time, the full inspection fee will be charged.

d. How to Cancel or Reschedule
To cancel or reschedule an appointment, please contact us by phone or email with as much notice as possible.

To complete the agreement online, please use the Client Agreement Form .