“Housecheckr” / “we” / “us”
HOUSECHECKR SERVICES LIMITED T/A BRIGHTCHECKER
A registered company in:
With our Registered Address at:
The Enterprise Centre, University of East Anglia, University Dr, Norwich NR4 7TJ
“Customer” / “you”
The individual or business who has engaged us for the provision of our Services.
- DEFINITIONS & INTERPRETATION
- The definitions and rules of interpretation in this clause apply in these Terms & Conditions of Business (“Agreement”):
Agent: means an estate agent, letting agent, builder or any other third-party introducer of the Services to the Customer;
Data Protection and Privacy Laws: means all applicable data protection and privacy laws (which may include, without limitation, the Data Protection Act 2018 and the General Data Protection Regulation, EU 2016/679), and to the extent applicable, the data protection or privacy laws of any other country. ‘Personal Data’ shall have the meaning defined by the applicable Data Protection and Privacy Laws;
Fees: any fees or charges payable by you to Housecheckr under this Agreement, as set out in the applicable Order;
IPR: any patents, copyright, trade marks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs (whether registered or unregistered) database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other intellectual property rights or industrial property rights, in each case whether registered or unregistered and including without limitation all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world;
Observer: a Housecheckr staff member or contractor who provides the Services on behalf of Housecheckr;
Order: an email, or a document which is agreed by the parties in writing, detailing the Services to be undertaken, the Reports required by the Customer, the Fees, and/or the applicable Services and/or Reports to be provided by Housecheckr to you;
Order Specification: the agreed scope of the Services and Reports for an Order, as detailed in an Order;
Property: the land and premises (including any permanent outbuildings which do not consist of more than two rooms, but not any larger outbuildings or any shed or wooden structure) at the address (provided by you to us under clause 3.1) where the Services are to be provided;
Reports: all documents, reports, data or other information provided by Housecheckr pursuant to the Services. The type of reports required shall be agreed by the parties in an Order and may include, without limitation: an Observation Report; an Electrical Safety Report; a Boiler Safety Report; and/or a Site Observation Report; and
Services: the services to be provided by Housecheckr to you under this Agreement, as specified in the applicable Order. This can include attending and assessing properties and generating Reports.
- Clause headings are for reference purposes only and shall not affect the interpretation of the clause. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time, and includes any subordinate legislation for the time being in force made under it. The terms ‘including’, ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. Unless the context otherwise requires, words in the singular shall include the plural and in the plural include the singular. A reference to ‘writing’ or ‘written’ includes email (but not faxes) unless stated otherwise.
- This Agreement shall:
- apply to and be incorporated into any Services to be provided by Housecheckr to the Customer; and
- prevail over any inconsistent terms or conditions contained in, or referred to in, the Customer’s purchase order, confirmation of order, or specification, or implied by law, trade custom, practice or course of dealing.
- Any Service requests placed by you either verbally, in writing, by email, through our app or through our website will be treated as an offer to purchase the Services from us. All Service requests received from you are subject to our availability, the location of the Property and our acceptance of the Service request in accordance with clause 2.3.
- A Service request will only be deemed to be accepted by us and binding on the parties when it has been confirmed in an Order.
- Where an Order is agreed, in consideration of payment to Housecheckr of the Fees, the Customer engages Housecheckr under this Agreement, and Housecheckr agrees, to provide the Services and produce the Reports in accordance with the terms of this Agreement and the applicable Order. In the event of conflict between the terms of an Order and this Agreement, this Agreement will prevail.
- When you commission a Report, you will need to provide us with the address for the Property that you would like the Services to be provided at, as well as the contact details for any applicable Agent, within 14 days of the Order being accepted by us.
- We will contact you or the Agent (if applicable) to arrange a suitable time and date for us to attend the Property in order to provide the Services.
- We will send one or more Housecheckr Observers to the relevant Property to undertake the Services. The time required at the Property may depend on the size and type of the Property.
- If the Observer arrives at the Property and the Services required to be undertaken are different to the scope of Services agreed in the Order, we reserve the right to not carry out the observation and charge the full Fees under the relevant Order.
- We will use reasonable efforts to ensure access to the Property is made lawfully. If access is not possible and the observation does not go ahead, we will charge the full Fees under the relevant Order.
- Following our attendance at the Property we will create the Report(s) in accordance with the Order Specification.
- We will deliver the completed Report(s) to you using our then current method(s) of delivery.
- The Report(s) can also be made available to you via a public URL. Where this is requested, the Report(s) will be accessible for anyone who is notified of the web address (so that you can forward the link to interested parties). However, as the URL will be publicly available on the Internet, we will not be liable for any unauthorised parties that access and view the Report(s).
- Please note that further terms relating to the observation Services, and further restrictions, disclaimers and exclusions of liability, are provided at Schedule 1 of this Agreement.
- GENERAL OBLIGATIONS
- provide the Services to you using reasonable care and skill and materially in accordance with the Order Specification;
- use reasonable efforts to deliver the Reports to you in accordance with the applicable Order; and
- Each party warrants that it has full capacity and authority, and all necessary licences, permits and consents to enter into and perform this Agreement and that those signing this Agreement are duly authorised to bind the party for whom they sign.
- Housecheckr shall:
- use reasonable efforts to complete each Order within any timeframe agreed with you, but for the avoidance of doubt, time shall not be ‘of the essence’ for the performance of the Services.
- From time to time we may request that you provide us with certain information or assistance to enable us to fully perform the Services and you agree that this will promptly be provided to us. You must ensure the accuracy of all such information provided to us. If we are unable to perform our obligations to you under this Agreement because we have been prevented or delayed by you, such as your failure to do something requested of you (such as failing to provide us with access to the Property), we will not be liable for any delays which may occur in the provision of the Services. If we can demonstrate that the delay has resulted in an increase in cost in carrying out its obligations under this Agreement, we may, at our sole discretion, charge you for additional Fees accordingly.
- Housecheckr warrants that it shall maintain professional indemnity insurance, public liability insurance and employer’s liability insurance for the duration of this Agreement.
- Housecheckr reserves the right to refuse to provide the Services or Reports where it considers in its sole discretion that the Services would cause the transmission of, or its staff to be subjected to, obscene, threatening, menacing, offensive, discriminatory, defamatory, morally unsuitable or unlawful situations, material or information.
- FEES AND PAYMENT
- Unless otherwise stated in the applicable Order, invoices will be raised and will be payable prior to the commencement of the Services.
- The Fees are inclusive of VAT, which the Customer shall pay to Housecheckr in addition to the Fees (where applicable).
- You will not be entitled to set-off, counterclaim, deduct or withhold payment under this Agreement.
- All Fees quoted for the Services are exclusive of expenses reasonably incurred in the performance of each Order by Housecheckr.
- If you do not pay an invoice issued to you by the relevant due date, we reserve the right to take the following actions:
- charge interest and compensation on any outstanding sums from the due date for payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (at 8% above the Bank of England’s bank rate), accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment; and/or
- suspending the Services until payment is made.
- We may set-off any liability that you may have to us against any liability that we may have to you.
- INTELLECTUAL PROPERTY RIGHTS
- You acknowledge and agree that we will be permitted to take photographs at the Property and you are responsible for ensuring that we have permission from the then current owners to take such photographs.
- You will indemnify and keep Housecheckr indemnified against all losses, costs and liabilities and all expenses, including reasonable legal or other professional expenses, suffered or incurred by Housecheckr arising out of or in connection with any claim for actual or alleged breach of clause 6.1.
- Upon payment of the full Fees, we will grant you a licence for all IPR in the Reports on a non-exclusive, perpetual, irrevocable, transferable, royalty-free, worldwide basis to allow you to make reasonable use of the Reports.
- We will retain all IPR and other rights in the Reports and the data obtained by us from the Property. You acknowledge that Housecheckr and its personnel may use any details of the Services and the Reports (including sharing any analysis or metrics gained from any testing) for a number of purposes, including case studies, publications, exhibitions, competitions and other promotional purposes (such as use in print and on our website).
- A party (“Receiving Party”) will keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed (either orally, in writing or by demonstration) to the Receiving Party by the other party (“Disclosing Party”) or its employees, agents or sub-contractors and any other confidential information concerning the Disclosing Party’s business, its products and services which the Receiving Party may obtain (“Confidential Information”).
- In relation to any Confidential Information received from the Disclosing Party or from a third party on behalf of the Disclosing Party, the Disclosing Party and the Receiving Party agree:
- to treat the Confidential Information in confidence and to use it only for the purpose of discharging the Receiving Party’s obligations under this Agreement;
- not to disclose the Confidential Information to any third party without the express written permission of the Disclosing Party (except that the Receiving Party may disclose the Confidential Information to its officers, employees, consultants, agents and sub-contractors who need access to the Confidential Information in connection with discharging the Receiving Party’s obligations under this Agreement and provided that such officers, employees, consultants, agents and sub-contractors are made aware of the confidential nature of the Confidential Information and are subject to confidentiality obligations at least as onerous as those set out in this Agreement); and
- to treat the Confidential Information with the same degree of care and with sufficient protection from unauthorised disclosure as the Receiving Party uses to maintain its own confidential or proprietary information.
- Nothing in this Agreement will prevent the Receiving Party from using or disclosing any Confidential Information which:
- is in or comes into the public domain in any way without breach of this Agreement by the Receiving Party or any person or entity to whom it makes disclosure;
- the Receiving Party can show was: (i) in its possession or known to it by being in its use or being recorded in its files prior to receipt from the Disclosing Party and was not acquired by the Receiving Party from the Disclosing Party under an obligation of confidence; or (ii) to have been independently developed by the Receiving Party without reference to the Confidential Information;
- the Receiving Party obtains or has available from a source other than the Disclosing Party without breach by the Receiving Party or such source of any obligation of confidentiality or non-use;
- is disclosed by the Receiving Party with the prior written approval of the Disclosing Party; or
- is required by law to be released (e.g. by a court order), provided that, when permitted by the applicable law, the Disclosing Party is given as much prior written notice as possible of such request.
- This clause 7 shall survive termination of this Agreement, however arising.
- DATA PROTECTION
- Each party will ensure that in the performance of its obligations under this Agreement it will at all times comply with all applicable Data Protection and Privacy Laws and any other applicable privacy laws and regulations.
- We will process any Personal Data that you provide to us in accordance with our Privacy Notice at https://housecheckr.com/privacy-policy/ (as updated from time to time).
- LIMITATION OF LIABILITY
- arising under or in connection with this Agreement;
- in respect of any use made by the Customer of the Services, the Reports or any part of them; and
- in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
- This clause 9 sets out the entire financial liability of each party (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the other party:
- All warranties, conditions and other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.
- The Customer acknowledges and agrees that the Report(s) are provided on an ‘as is’ basis only and Housecheckr will not be responsible or liable for any use or reliance on such Report(s) by the Customer or any third party.
- Schedule 1 (Service Disclaimers) is hereby deemed to be incorporated into the terms of this Agreement in full.
- Nothing in this Agreement limits or excludes the liability of either party: (i) for death or personal injury which results from negligence; (ii) for any damage or liability incurred by a party as a result of fraud or fraudulent misrepresentation by the other party; (iii) under any indemnities in this Agreement; or (iv) for any other liability which cannot be excluded by law.
- Subject to clause 9.5:
- neither party will be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
- each party’s total liability to each other party in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising under or in connection with this Agreement will be limited to two times the total amount of Fees paid or payable for the Services provided to the Customer by Housecheckr under the relevant Order(s) in question.
- FORCE MAJEURE
Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure results from circumstances which could not reasonably be contemplated at the time of entering into this Agreement and which are beyond the parties’ reasonable control (including, without limitation, strikes, lock-outs or other industrial disputes (involving the workforce of Housecheckr), failure of a utility service or transport network, war, riot, civil commotion, terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm or default of suppliers or sub-contractors). If a force majeure event continues for a period of 30 days or more, either party may terminate this Agreement immediately by providing the other party with written notice.
- Subject to clause 11.4, you are entitled to cancel an Order by giving written notice to Housecheckr at least 24 hours before the observation at the Property is due to take place. If you cancel an Order, Housecheckr will refund any money that you have paid for the Services (after subtracting any reasonable expenses that we have incurred in terms of time and getting to and from the Property) and no further Fees will be due under that Order.
- We reserve the right to cancel an Order at any time and we will explain the reason for such cancellation to you.
- After you have agreed an Order with Housecheckr, the Services under that Order can only be cancelled with our written consent. If we agree to the cancellation of the Order, you will be responsible for paying for all expenses that have been incurred by us up to the date of cancellation.
- Pursuant to consumer cancellation legislation, notwithstanding clause 11.1, you have the right to cancel the Services within 14 days of agreeing an Order (“Cancellation Period”) by notifying us in writing. So that we can get started as soon as possible, you hereby authorise us to provide you with the Services during the Cancellation Period (i.e. we won’t have to wait until after the 14 days before we start working with you). However, if you do want to cancel during the Cancellation Period, we will only charge you for the proportion of the Services provided up to the point of cancellation.
- We will make any cancellation reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
- a breach by the Defaulting Party of its obligations under this Agreement which (if the breach is capable of remedy) the Defaulting
- Without limiting any other rights or remedies, either party (“Terminating Party”) may terminate this Agreement with immediate effect by providing written notice to the other party (“Defaulting Party”) on or at any time after the occurrence of any of the events specified below:
Party has failed to remedy within 14 days after receipt of notice in writing from the Terminating Party requiring the Defaulting Party to do so; or
- an event, including (or similar in nature to) the following:
- the Defaulting Party is unable to pay its debts as they fall due;
- the Defaulting Party becomes bankrupt or goes into liquidation, either compulsorily (except for the purpose of reconstruction or amalgamation) or voluntarily;
- a receiver is appointed in respect of the whole or any part of the Defaulting Party;
- a provisional liquidator is appointed to the Defaulting Party or the Defaulting Party enters into a voluntary arrangement or any other composition or compromise with the majority by value of its creditors or has a winding-up order or passes a resolution for the voluntary winding-up or has an administrative receiver appointed or takes steps towards any such event; or
- the Defaulting Party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
- If this Agreement terminates for any reason, notwithstanding any other provision, all Fees payable by the Customer to Housecheckr under this Agreement will become due and payable immediately in respect of any Services provided up to the effective date of termination on a pro rata basis (including any costs which cannot be reasonably cancelled or recovered). This clause is without prejudice to any right by Housecheckr to claim for interest or any other right under this Agreement.
- Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination shall survive the termination of this Agreement.
- We will provide you with our complaints handling procedure upon request and will investigate your complaint fully. In such circumstances, we will provide a response within 28 days of the submission of a complaint.
- GENERAL PROVISIONS
- This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
- Any notice given under this Agreement by either party to the other must be in writing and may be delivered personally or by first class post and in the case of post will be deemed to be given two working days after the date of posting. Notices must be delivered or sent to the other party’s registered business address or to any other address notified in writing by either party to the other for the purpose of receiving notices. Serving notice by email or fax will not be accepted as an effective method of providing notice of a claim under this Agreement.
- It may be necessary for us to update this Agreement and its terms from time to time. If you continue to use the Services after we have informed you of any amendments or additional terms to the Agreement, you will be deemed to have accepted these changes and they will be incorporated into this Agreement.
- Subject to clause 14.3, no variation of this Agreement will be effective unless it is in writing and signed by both parties.
- No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy.
- No one other than a party to this Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
- You shall not, without the prior written consent of Housecheckr, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Agreement. Housecheckr may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
- Nothing in this Agreement is intended to, or will be deemed to establish any partnership or joint venture between the parties, make a party the agent of the other party or authorise a party to make or enter into any commitments for or on behalf of the other party.
- If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
- An Order may be signed in counterparts. Each signed copy of a document will be deemed to be an original, but all signed copies, when taken together, will constitute one and the same agreement.
- This Agreement and any dispute or claim arising out of, or in connection with, its subject matter or formation (including non-contractual disputes or claims) is governed by English law and the parties agree to irrevocably submit to the exclusive jurisdiction of the English courts.
SCHEDULE 1: SERVICE DISCLAIMERS
PART 1: OBSERVATION REPORT SPECIFIC TERMS AND DISCLAIMERS
DEFINITIONS AND SCOPE: A general home observation is a non-invasive, visual observation of the accessible areas of a residential property (as defined below), performed for a fee, which is designed to inform the Customer of items both observed and deemed material by the Observer. The scope of work may be modified by the Customer and Observer prior to the observation process subject to written agreement.
- The general home observation is based on the observations made on the date of the observation, and not a prediction of future conditions.
- The general home observation will not reveal every issue that exists or ever could exist, but only those both observed and deemed material on the date of the observation.
The Housecheckr Observation Report Service includes:
- an observation of the criteria (see The Observation section below); and
- a report based on the observation (see The Report section below).
The Observation Report has been prepared by Housecheckr and is a ‘representation of the property at the time and date of the observation.
THE OBSERVATION: The Observer will walk around the inside and outside of the main building and all permanent outbuildings, but does not force or open the fabric. This means that the Observer does not take up carpets, floor coverings or floorboards, move furniture, remove the contents of cupboards, roof spaces, etc., remove secured panels and/or hatches or undo electrical fittings. If necessary, the Observer carries out parts of the observation when standing at ground level from public property next door where accessible. The Observer may use equipment such as a binocular and torch and will not use a ladder to gain access or observe any element of the Property. We will however use built in loft ladders if safe to do so.
SERVICES TO THE PROPERTY: Services are generally hidden within the construction of the Property. This means that only the visible parts of the available services can be observed, and the Observer does not carry out specialist tests. The visual observation cannot assess the efficiency or safety of electrical, gas or other energy sources; plumbing, heating or drainage installations (or whether they meet current regulations); or the inside condition of any chimney, boiler or other flue.
OUTSIDE THE PROPERTY: The Observer observes the condition of boundary walls, fences, permanent outbuildings and areas in common (shared) use. To inspect these areas, the Observer walks around the grounds and any neighbouring public property where access can be obtained.
Buildings with swimming pools and sports facilities are also treated as permanent outbuildings, but the Observer does not report on the leisure facilities, such as the pool itself and its equipment, landscaping and other facilities (for example, tennis courts and temporary outbuildings).
FLATS: When observing flats, the Observer looks at the general condition of outside surfaces of the building, as well as its access areas (for example, shared hallways and staircases). The Observer observes roof spaces only if they are accessible from within the Property. The Observer does not inspect drains, lifts, fire alarms and security systems.
DANGEROUS MATERIALS, CONTAMINATION AND ENVIRONMENTAL ISSUES: The Observer does not make any enquiries about contamination or other environmental dangers. Housecheckr Observers assume that no harmful or dangerous materials have been used in the premises and does not have a duty to justify making this assumption.
The Observer does not carry out an asbestos inspection and does not act as an asbestos inspector when observing properties that may fall within the Control of Asbestos Regulations 2006.
THE REPORT: This Observation Report will be prepared by Housecheckr and is a representation of the property at the time and date of the observation. The Observation Report cannot replace a structural survey report. It will not recommend a follow up action or decision. It is for information purposes only.
If an Observer is unable to access, safely or is denied access to an area which requires observing this will be noted in the observation report. As such, the movement of any animals, items of heavy furniture or appliances will not be undertaken and therefore some observations may be limited where such items restrict full view.
Please note that Observation Report will contain images and descriptions noted by the Observer at the time and date of the observation and is deemed to be true and fair at that time only.
SAFETY DISCLAIMER: The visual observation notes criteria seen by the Observer. It is not a guarantee of the condition or a safety assessment of any such equipment or contents, merely a note that such item has been observed.
ADDITIONAL TERMS OF ENGAGEMENT: The parties may agree in writing, before the observation, that Housecheckr will facilitate additional services. Examples of additional services include:
- a gas safety report; and/or
- an electrical safety report.
Where the visual observation does observe electrical or gas appliances, these may be tested during the observation to check if any issues can be identified. This function where possible is performed by the property occupier in the presence of the Housecheckr Observer and is not a full safety check as would be performed by a registered trades person. It is also not a guarantee of proper operation or condition. This would not be able to identify any issues, latent or otherwise.
The Observer will not be a qualified electrician, Gas Safe registered or a Fire Regulation expert and is not required to report on anything which may contravene any housing or safety regulations.
If the Report requested is a gas or electrical safety report these will conducted by a registered and qualified tradesperson who will supply their own report with regards to their safety checks and criteria, the criteria is not set by Housecheckr. If a serious fault is found in any gas or electrical safety report, the qualified tradesperson may have a legal obligation to report this to the occupier. This is the responsibility of the tradesperson, not Housecheckr
HOUSING HEALTH AND SAFETY RATING SYSTEM (HHSRS): The HHSRS has been introduced in light of the Housing Act 2004 (the Act) and is guidance for Landlords and Property Related Professionals. The Act changes the way local authorities assess housing conditions. They will now look at the condition of properties using a risk assessment approach called the Housing Health and Safety Rating System (HHSRS).
This HHSRS does not set out minimum standards. It is concerned with avoiding or, at the very least, minimising potential hazards.
This means that landlords should also review conditions regularly to try to see where and how their properties can be improved and made safer. Housecheckr Observers are not qualified to assess the condition of properties under the HHSRS system.
An observation does not include any activity other than taking a photograph in respect of the following items if present: wood burners, oil tanks, available parking, gas meter location, consumer unit, electric meter location, Smoke detectors, carbon monoxide detectors, rubbish and debris.
REPORT DISCLAIMER: Housecheckr is not in any way responsible for how the information contained in an Observation Report is used or relied upon by the Customer or any third party. This disclaimer also applies to the electrical and gas safety report.
PART 2: LIMITATIONS, EXCEPTIONS & EXCLUSIONS
- An observation is not technically exhaustive;
- An observation will not identify concealed or latent defects;
- An observation will not deal with aesthetic concerns or what could be deemed matters of taste etc;
- An observation will not determine the suitability of the Property for any use;
- An observation does not determine the market value of the Property or its marketability;
- An observation does not determine the insurability of the Property;
- An observation does not determine the advisability or inadvisability of the purchase of the inspected Property;
- An observation does not determine the life expectancy of the Property or any components or systems therein; and
- An observation does not include items not permanently installed.
EXCLUSIONS: The Observer is not required to determine:
- the Property boundary lines or encroachments;
- the condition of any component or system;
- the service life expectancy of any component or system;
- the size, capacity, British Thermal Unit (BTU), performance or efficiency of any component or system;
- the cause or reason of any condition;
- the cause for the need of correction, repair or replacement of any system or component;
- future conditions;
- compliance with codes or regulations;
- the presence of evidence of rodents, birds, bats, animals, insects, or other pests;
- the presence of invasive plants such as Japanese knotweed or ivy;
- the presence of mould, mildew or fungus;
- the presence of airborne hazards, including radon;
- the air quality;
- the existence of environmental hazards, including lead paint, asbestos or toxic drywall;
- the existence of electromagnetic fields;
- any hazardous waste conditions;
- any manufacturers’ recalls or conformance with manufacturer installation, or any information included for consumer protection purposes;
- acoustical properties;
- correction, replacement or repair cost estimates; and
- estimates of the cost to operate any given system.
The Observer is not required to operate:
- any system that is shut down;
- any system that does not function properly;
- or evaluate low-voltage electrical systems, such as, but not limited to:
- phone lines;
- cable lines;
- satellite dishes;
- lights; or
- remote controls;
- any system that does not turn on with the use of normal operating controls;
- any shut-off valves or manual stop valves;
- any electrical disconnect or over-current protection devices;
- any alarm systems; or
- moisture meters, gas detectors or similar equipment.
The Observer is not required to:
- move any personal items or other obstructions, such as, but not limited to: throw rugs, carpeting, wall coverings, furniture, ceiling tiles, window coverings, equipment, plants, ice, debris, snow, water, dirt, pets, or anything else that might restrict the visual observation;
- dismantle, open or uncover any system or component;
- enter or access any area that may, in the Observer’s opinion, be unsafe or require specialist equipment;
- enter crawlspaces or other areas that may be unsafe or not readily accessible;
- inspect underground items, such as, but not limited to: lawn-irrigation systems, or underground storage tanks (or indications of their presence), whether abandoned or actively used;
- do anything that may, in the Observer’s opinion, be unsafe or dangerous to him/herself or others, or damage property, such as, but not limited to: walking on roof surfaces, climbing ladders, entering attic spaces, or negotiating with pets;
- inspect decorative items;
- inspect common elements or areas in multi-unit housing;
- inspect intercoms, speaker systems or security systems;
- offer guarantees or warranties;
- offer or perform any engineering services;
- offer or perform any trade or professional service other than general home observation;
- research the history of the Property, or report on its potential for alteration, modification, extend-ability or suitability for a specific or proposed use for occupancy;
- determine the age of construction or installation of any system, structure or component of a building, or differentiate between original construction and subsequent additions, improvements, renovations or replacements;
- determine the insurability of the Property;
- perform or offer environmental audits; or
- inspect any system or component that is not included in the scope of this Schedule 1.