Terms & Conditions
No furniture or other goods will be moved to gain access to areas, systems and components
Entry to and on the roof will only be done if deemed safe.
The Home Inspector will not be liable for not reporting contractor’s faults not visible, concealed faults or any faults behind locked doors.
Our Home Inspection report cannot be deemed as a guarantee or warranty of any future change of house condition.
Not a warranty:
Avara reports are provided in good faith and only within the limitations and the terms as described in this report.
Avara does not assume liability, in any way, for the decision of any buyer to acquire or not acquire a particular property, nor for any decision of any seller or property owner with regard to any property inspected by Avara.
The Inspector is not an insurer and does not provide any form of insurance against defects at the inspected property. In addition, The Inspector makes no warranty, express or implied, as to the state or condition of the systems, items or components inspected.
THE INSPECTION REPORT DOES NOT CONSTITUTE A WARRANTY, GUARANTEE OR INSURANCE POLICY OF ANY KIND. IN PARTICULAR, NO WARRANTIES ARE MADE AGAINST LATENT DEFECTS OR MECHANICAL AND ELECTRICAL BREAKDOWNS.
The Scope and Limitations of the Service:
Avara inspectors strive to be factual, honest and objective in their observations of the condition of inspected components on a property. The goal of Avara is to provide an informed, objective and unbiased inspection report to our clients – based on observed facts.
The Inspector will only undertake a visual inspection of the property. Any conditions that are not patently visible to the Inspector will not be identified or recorded as part of the inspection. Subject to the terms and conditions stated herein, the inspection includes the visual examination of the interior and exterior of the home, including the roof, structure, electricals, cooling systems, insulation, plumbing, pool, garage, carport, ‘granny flat’, floors, walls, ceiling, windows and doors.
Inspections are not technically exhaustive, and certain items are specifically excluded from the inspection. These are items such as telephone cables, timing systems, spas, pool pumps, garage door motors, concealed pipes, sewer lines, septic tanks, central air conditioning, and any other system or component that is concealed or otherwise difficult to inspect
The Inspector will not dismantle any item, component or system.
Please note that Avara inspectors are not specialists in any building discipline, but rather “all-rounders” who strive to provide clients with an informed, generalist knowledge of the entire South African building envelope, as it applies to the property inspected. Avara inspectors are “generalists” and should be distinguished from “specialists” in various specific areas of a building; specialists such as, for example: structural engineers, geo-technical engineers, roof engineers, electricians, plumbers, builders and water-proofing or air-conditioning experts.
Avara inspectors conduct a good-faith visual inspection of the observed areas of a property and then issue the client with an inspection report. This report will normally include photographs of the significant defects observed, together with a general assessment of the defect observed. In some Avara reports, estimated costs for maintenance, repair or replacement may also be included.
Avara inspectors are limited by various factors in their inspections and Avara reports should not be viewed as a substitute for a detailed, expert, investigation of a problem.
When considered necessary Avara inspectors will recommend a follow-up investigation by an appropriate expert.
Avara inspections are never invasive and are limited by factors such as safety, time, accessibility, weather conditions, the time of the inspection and the possibility of human error.
Avara inspectors will not, for instance: Remove cover plates, excavate alongside the foundations, nor remove areas of roof covering (to better inspect the roof anchoring and wall plate areas of the roof space). Avara inspectors will only climb onto a roof if, in the sole opinion of the inspector, it was safe at the time of the inspection, to do so. (Avara inspectors may also use ladders, hoists, drones or other specialised equipment to view roofs.)
The Avara inspector will not move items to obtain access to inspect. The inspector will only walk on the roof, or enter the roof cavity, or a crawl space if, in the opinion of the inspector given the conditions, it is safe and practical to do so. If the Avara inspector is unable to access the roof or any other area of the property for any reason, the inspector will inspect that area to the best of the inspector’s ability (for instance, scoping an inaccessible roof using ladders, hoists, drones, or binoculars). Hazardous materials are also beyond the scope of this inspection report.
Here are some examples of the types of things a Avara inspector may not be able to determine with certainty:
Appropriate technical design and dimensions of specific structural items and components, roof, wall or other leaks that only occur under certain conditions, the inner workings of mechanical items, the actual condition of built-in, or concealed, pipes or installations, underground pipes, drains or foundations; the safety and compliance of an electrical, plumbing, gas, or electric fence installation.
The characterization of defects in any Avara report represents the good faith opinion of the Avara inspector and is based solely on the inspector’s observations at the time of the inspection. It is possible that an expert may arrive at a different characterization of some of the defects documented in the Avara report.
Latent defects or non-accessible patent defects
The Inspector is not responsible nor liable for the non-discovery of any latent defects in materials or workmanship, or any patent defects which are not recorded due to non-accessibility or any other conditions of the Property, or any other problems that may become evident after the time and date of the inspection.
No all-inclusive list
The inspection is designed to identify significant structural patent defects (if any) as well as possible visible symptoms of inherent latent defects (if any). The inspection report does not include an all-inclusive list of minor building flaws.
Responsibility
The Inspector assumes no responsibility for the cost of repairing or replacing any unreported defects or conditions. The Inspector is also not responsible or liable for any future failures that may occur or repairs required on the property.
Opinion the purchase of the property
The Inspector will not offer an opinion as to the advisability or inadvisability of the purchase of the property.
Limited liability
The Inspector (and his/her/its employees) are limited in liability to the fee paid for the inspection report in the event that the Client claims that The Inspector is in any way liable for negligence in performing the inspection or in preparing the inspection report.
Exclusions:
The Inspector will not conduct any geological tests.
The Inspector will not provide any engineering or architectural services.
The Inspector will not inspect any recreational facilities, fences, erosion stabilisation measures, antennae, installed accessories, washing machine and dishwasher connections, solar water heating systems, sprinkler systems, remote control devices, alarms systems, low-voltage wiring and components, household appliances, countertops and cupboards, garage doors and garage door openers, or fire screens and doors.
The inspection report only includes mention of significant structural patent defects and as such excludes patent defects such as minor cracks or surface discolorations and latent defects resulting in landslides, or any other geological problems.
The inspection report will record the attributes of the property as far as is possible but may exclude merely cosmetic features such as paint, wall coverings, carpeting, floorings, panelling, lawn and shrubs.
The Inspector will not inspect inaccessible or concealed areas of the property and will not enter any dangerous or potentially dangerous areas of the property.
The Inspector will not address any environmental concerns, such as the presence of potentially hazardous substances or gases, plants or animals.
The Inspector will not specifically check for the presence of rodents or fungus.
The Inspector will not inspect woodwork or other parts of the structure that are covered, unexposed or inaccessible, and is therefore unable to report whether such parts of the property are free of rot, beetle or other defects.
The Inspector will not be required to operate any system or component or to determine the remaining life thereof or the cause of any condition or deficiency thereof (unless specifically requested by the Client).
The Inspector will not give an opinion as to the suitability of the property for any specialised use.
The Inspector will not give an opinion as to whether any deficiency or condition may affect the value of the property.
The Inspector will not provide a report as to whether the home complies with regulatory requirements.
The Inspector will not give an opinion as to the advisability of the purchase of the property.
The Inspector will not give an opinion as to the operating costs of systems or components, or their acoustic properties.
The Inspector will not perform any act or service that is contrary to law.
The Inspector will not enter an area that is likely to be dangerous to The inspector or other persons (such as under-floor crawl spaces or roof spaces that are not readily accessible).
The Inspector will not inspect any underground items or detached structures other than garages, car ports or outbuildings.
The Inspector will not inspect any common areas or elements in multi-unit housing such as sectional title properties or cluster housing.
Boundaries:
The Inspector is not required to determine property boundary lines or identify whether any encroachments are present or not.
Definition of Terms:
Various terms are used by Avara inspectors in their reports to describe the observed condition of inspected components of a building or property. In the context of any Avara report the meaning ascribed to such terms is as follows:
“Good order” means general good order (not perfection) and relates to the absence of significant structural, functional or safety defects observed by the inspector at the time of the inspection.
“Urgent attention recommended”: These are issues, observed by the Avara inspector, which require immediate or urgent correction, or further investigation. Such a defect may affect the structural, or functional integrity of the component, or compromise human health or safety. In this category are significant structural, functional defects or safety defects.
“Maintenance item”: Building maintenance describes a combination of repairs, refurbishment and replacement which are necessary, but not immediately or urgently required, to ensure that the item or component of a building remains in a reasonable standard to perform its required function. All buildings need on-going, routine maintenance – such as cleaning, filling of minor cracks, painting and various repairs, adjustments, or replacement of items. Neglect of routine maintenance usually results in eventual serious functional, structural or safety defects.
“Structural defects”: For the purposes of any Avara report, the “structure” of a building is defined as the load-bearing framework of the building – foundations, floor and roof slabs, walls and structural roof members. In Avara reports, “structural defects” excludes defects to coverings of structural items – such as plaster, paint on walls, or roof covering or waterproofing.
“Functional defects” means defects to components of a building which prevent, or significantly impair, the functionality of a component of the building or property. A functional defect could be as minor as a broken cupboard door hinge, or a leaking toilet, or as serious as a leaking roof, damp in the walls, or an incorrectly installed, or otherwise defective, hot water geyser.
“Safety defects”: Typical safety defects include: Threats to human health and life – such as a dangerous hot water geyser installation, a non compliant electrical installation, lack of compliant fire-safety installations, or dangerous automatic-closing doors and gates. Safety defects also include serious observed threats to human health – such as a compromised sewer system and damp and fungal spores (mould).
“Cosmetic defect/damage” means a defect or damage which affects mainly the appearance of the item or component and does not significantly affect the structural or functional integrity of the item or component.
“Non-compliant” means a component or installation that appears, in the opinion of the inspector, not to be compliant with a relevant law, local by law or gazetted national building regulation. It should be noted that South African building regulations are regularly updated but are seldom retroactive in effect. This means that a component of a building may continue to be lawful, even though it is no longer compliant with the latest regulations or law.
Building Plans & Measurements:
If approved local authority plans have been compared by the Avara inspector to the actual structures found on the inspected property, and the results stated in this report, please note that this comparison was a visual check only and no structures were measured. For a full due diligence in this regard the services of a qualified land surveyor should be employed.
Please note that if an erf size, or building size, or measurement of the size of a component, is indicated in the Avara report, then this information is provided in good faith, based on information provided to Avara. Avara does not warrant dimensions of any property or structures, or components and clients and other interested parties are urged to make their own investigations in this regard.
Corporate information:
Avara is a registered trademark belonging to AvaraConsulting (Pty) Ltd 2022/525383/07.
Avara is a national property inspection company operating in Southern Africa.
Copyright:
All Avara reports are copyright and remain the property of Avara at all times. This report has been produced for the use of the client(s) and also the estate agent(s) listed on the cover sheet of this report.
Acceptance of the Avara Terms of Business
Please note that by commissioning and accepting this Avara report you acknowledge that you have read and accepted the above terms and conditions which define the scope and limitations of the Avara inspection and report.
You further agree that Avara and/or its associated parties cannot be held liable in any way whatsoever for any errors or omissions with regard to the inspection or the report.
These Terms and Conditions are available on our website https://hermanushomeinspections.co.za