Absolute Baseline – Terms and conditions

Inspector: ***Ltd trading as “Absolute Baseline” (For the avoidance of doubt, the client is engaging *** Ltd, NOT the individual inspector undertaking the inspection).

The Inspector and the Client agree that the Inspector will supply the Report subject to the following terms and conditions:

  1. Scope of Works
    1. This report does two things:
      1. Records zip levels of significant areas of a building (each corner, and the centre of, each room); and
      2. Records pre-existing damage as observed by the Inspector.
    2. The Report is intended only as a baseline for future inspections of the property, possibly after a seismic or weather event, to be measured against.
    3. The Report is based on an overall visual and non-invasive assessment, as at the date of inspection.
    4. The Report lists only significant defects.
    5. The Inspector will not carry out any destructive testing, or move any furniture or appliances.
    6. The Report is not a building inspection report. It does not detail every defect or outstanding maintenance issue. The inspection and the Report are not intended to be technically comprehensive, or to imply that every component was inspected, or that every possible defect was discovered.
    7. All observations and opinions expressed are based on the Inspector’s experience and if the Inspector does not have experience in an area, the Inspector will disclose that.
    8. The Report will make no comment on whether or not the building would be Code Compliant if it was built today.
  2. Price & Payment
    1. Unless otherwise agreed in writing, the Client shall pay 50% of the Fee when this contract is signed, and the balance prior to the release of the Report.
    2. The Inspector will advise the Client of any change to the Fee in writing.
  3. Default
    1. If the Client defaults in payment of any Fee, or part thereof, when due, the Client shall:
      1. Be liable to pay Interest on any unpaid Fee, or part thereof.Interest shall accrue daily from the date when payment of the Fee becomes due, until the date of payment, at a rate of 2.5% per calendar month, calculated daily.
      2. Indemnify the Inspector from and against all costs and disbursements incurred by the Inspector in pursuing the debt including, without limitation, legal costs on a solicitor and client basis and any debt collection agency costs.
    2. Cancellation
      1. The inspector may cancel any contract to which these terms and conditions apply at any time before the Report is supplied by giving written notice to the Client. On giving such notice under this clause, the Inspector shall repay the Fee to the Client. The Inspector shall not be liable for any loss or damage whatsoever arising from such cancellation.
      2. In the event that the Client cancels any contract to which these terms and conditions apply, the Client shall be liable for a cancellation fee equal to the full Fee, unless twenty four hours written notice of cancellation is given.
    3. Intellectual Property and Confidentiality
      1. The Report has been prepared solely for the Client and shall not be relied on by any third parties.
      2. The Client must consent to the Inspector supplying the report to EQC or an insurer, in which case, EQC or the insurer may be asked to contribute to the cost of this report, which amount may be refunded to the Client in part or in full.
      3. The Inspector retains copyright in the Report. The Report, in whole or in part, may not be copied, reproduced or translated in any medium by the Client and shall not be supplied by the Client to any third parties other than the Client’s professional advisers.
    4. Privacy Act 1993
      1. The Client authorises the Inspector to collect, retain, use and disclose any personal information about the Client for the following purposes (in addition to any purposes otherwise authorised by law):-
        1. Enabling the Inspector to perform its obligations pursuant to its contract (including these terms and conditions) with the Client;
        2. Enabling the Inspector to communicate with the Client for any purpose.
      2. The Client, if an individual, has a right of access to the Client’s personal information held by the Inspector. The Client may request correction of that information and may require that the request be stored with that information. The Inspector may charge reasonable costs in providing access to that information.
    5. Inspectors have no personal interest
      1. The Inspector warrants that its inspectors have no interest, present or contemplated, in the subject building.
    6. Reasonable Access
      1. The Client will ensure that the Inspector is legally entitled to have reasonable and unobstructed access to the building that is the subject of the Report including underneath the floor.
    7. Limitation of Liability
      1. The Inspector and any parties who endorse this contract (civil engineers, EQC and insurance companies) will not be liable for any direct, indirect or consequential loss suffered by the Client arising howsoever from:
        1. Any breach of these terms and conditions by the Inspector;
        2. The Report supplied by the Inspector to the Client;
      2. The Inspector’s liability in relation to these terms and conditions and all related matters will be limited to, at the Inspector’s election, the Price or remedying any defect in the Report caused by the Inspector’s breach of obligation; and
      3. The Client indemnifies the Inspector against all and any claim(s) by any third party for losses, including legal costs on a solicitor and client basis, (whether arising under tort (including negligence) equity or otherwise).
    8. General
      1. Any provision of these terms and conditions that is binding on more than one party will bind such parties jointly and severally.
      2. These terms and conditions record the entire arrangement between the parties.
      3. If any provision of these terms and conditions is or becomes invalid or unenforceable, that provision will be deemed deleted from the terms and conditions and such invalidity or unenforceability will not affect the other provisions of the terms and conditions, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provisions.
      4. No variation or amendment to these terms and conditions is effective unless it is in writing and signed by all the parties.
      5. The Client may not transfer or assign any of the Client’s liabilities or rights under the terms and conditions to any other person without the prior written consent of the Inspector. The Inspector may transfer or assign any of its liabilities or rights under the terms and conditions to any other person.