PIDS Home & Property Inspection
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Effective Date: June 01, 2024

Terms & Conditions

Table of Contents
PIDS Home and Property Inspection

Read before you book

These Terms & Conditions govern every Inspection we carry out for our Clients. By scheduling and paying for an Inspection, you accept these terms.

What you are buying is a visual inspection on one day. It is not a guarantee or insurance, and the most you can recover from PIDS is the fee you paid.

1

Parties

These Terms & Conditions (“Agreement”) are between:
• PIDS Home and Property Inspection(“PIDS”, “we”, “our”, “us”), R. Pinhal Manso 5, 2500-630 Salir de Matos, Caldas da Rainha, Leiria, Portugal; and
• The Client(“you”, “your”), the person or entity purchasing an inspection service.

2

Purpose

2.1 This Agreement governs the provision of a limited, non-invasive visual inspection (“Inspection”) of the readily accessible areas of the property identified in our quotation.

2.2 Use of Inspection Photos. With your permission, PIDS may share selected property photos from the inspection (never including personal items or sensitive details) for educational purposes and to showcase the quality of our inspection work. If you would rather not have any photos shared, just let us know in writing before the inspection and we will fully respect your choice.

2A

What you are buying

2A.1 The service is a visual inspection. A Portuguese architect or civil engineer registered with their Ordem visits the property once, typically for one to three hours, looks at what can be seen and safely reached without moving, opening, dismantling or testing anything, and records what they observed and what, in their professional judgment, it suggests. That is the whole of the service. It is not a construction survey, a structural investigation or a certification.

2A.2 The Report is an opinion based on what was visible on the day. It is prepared with reasonable skill and care, but it is a judgment, not a certainty, and it may contain errors and omissions. Where the Report records an item with no concern noted, this means only that nothing was seen on the day; it does not mean the item is confirmed sound. Any instrument readings are spot checks and are indicative only.

2A.3 Things that cannot be seen are not inspected and may be missed: the inside of walls, floors and ceilings; foundations and the ground; pipes and cables within the construction; roof timbers under the covering; anything behind furniture, stored items, fresh paint or new render. The inspection cannot find a defect that gave no visible sign, and the Report does not state that such defects do not exist. This applies in particular to structural and foundation defects.

2A.4 The Report is not a guarantee of the condition of the property and it is not insurance against its defects. If a defect exists that the inspection did not find, the cost of dealing with it is not a cost PIDS bears. What you have bought is the inspection. You have not bought protection against the property’s defects, and PIDS does not sell it.

2A.5 If PIDS falls short of the standard in clause 6.1, the most you can recover from PIDS, for any reason and in total, is the fee you paid for the inspection. The fee is set on that basis.

2A.6 Where the Report recommends further investigation, obtain it before you decide. If you need certainty about a concealed element, commission a specialist or invasive investigation; this inspection is not that.

3

Nature and Scope of Inspection

3.1 The Inspection is strictly visual and non-destructive. We do not move furniture, personal items, floor coverings, insulation or any obstruction, nor do we dismantle systems or components.

3.2 Snapshot in Time. The Inspection and resulting report (“Report”) describe conditions observed at the property on the inspection date only. We make no representation or warranty, express or implied, about past or future conditions. Any item that is concealed, inaccessible, switched off, locked, weather-dependent, not present on the premises, removed by the occupants, or simply forgotten/not made available for inspection is outside the scope of our service, and PIDS shall bear no liability for any subsequent defect, damage, or loss related to such items.

3.3 Excluded Components. Unless you purchase an agreed ancillary service in writing, the Inspection excludes without limitation:

  • latent or concealed defects, structural engineering analysis, code compliance, permit research or cost estimating;
  • environmental, health or safety hazards (including asbestos, mould laboratory test, pest, lead, radon, electromagnetic fields, carbon monoxide, air or water quality);
  • pests or wood-destroying organisms;
  • pools, spas, saunas, fountains and similar amenities;
  • elevators, lifts, alarms, solar, smart-home, fire-suppression, gas systems or any specialised system; and
  • any area or item not readily visible or accessible on the inspection date.

Excluded household furnishings and appliances. Unless expressly agreed otherwise in writing, the inspection does not cover loose furniture, standalone or built-in electronic devices, or domestic appliances—including, without limitation, sofas, tables, televisions, sound systems, chimneys, stoves, kitchen hoods, dishwashers, refrigerators, or similar equipment.

3.4 Additional Exclusions. The Inspection also excludes testing of newly installed units that have not yet been tested by the original installer, as well as any testing of underfloor heating.

3.4.1 Equipment we will not operate. PIDS does not commission, energise, first-run, charge, fill or set up equipment. We will not operate any appliance, installation or system that has not been commissioned, tested and handed over by the installer or builder, or that is isolated, disconnected, damaged, or that we consider unsafe or not ready for use. Such items are outside the scope of the Inspection and are recorded as not inspected. Our inspector may decline to operate any equipment on safety grounds, and doing so is not a failure to perform this Agreement.

3.5 No Cost Estimates. The Report intentionally excludes repair-cost estimates. While we may, as a courtesy, supply the names or contact details of independent trades / contractors, such information is provided without warranty. You are solely responsible for vetting, selecting and contracting with any third party. PIDS is not a party to, and bears no liability for, the workmanship, pricing, delays, acts or omissions of any contractor you choose to engage.

3.6 The inspecting professional. The Inspection is carried out by a Portuguese architect registered with the Ordem dos Arquitectos, or a civil engineer registered with the Ordem dos Engenheiros, whose registration is current at the date of inspection. The inspecting professional is subject to the ethical and disciplinary rules of their Ordem.

3.7 No inspection licence exists in Portugal. Portugal does not license or certify home inspectors, and there is no national standard of practice for property inspections. PIDS does not claim accreditation by, or membership of, any inspection body, and the Report is not issued under any such body’s standards.

4

Client Responsibilities

4.1 Grant full access at the scheduled time, ensuring utilities are on and all keys / remote controls available.

4.2 You are responsible for ensuring the property is ready for inspection. This includes making sure water and power are switched on (if possible) so our inspector can perform a thorough inspection.

4.3 You must schedule the inspection at least forty-eight (48) hours before the desired inspection date.

4.4 Ensure safe working conditions.

4.5 Review the Report in full and, for every item flagged for further evaluation, repair or replacement, promptly consult a suitably qualified specialist or a reliable contractor who is familiar with that specific system or component before taking action or finalising your purchase decision.

4.6 Use the Report solely for your own decision-making. No third party may rely on it without PIDS prior written consent.

4.7 The Report is supplied exclusively to help you decide whether to proceed with the purchase of the inspected property.

Prohibited Uses. You must not use, quote, file or rely on the Report (in whole or in part) in any court, arbitration, mediation, insurance claim, mortgage or refinancing application, marketing material, or any other legal or commercial context without our prior written consent.

No Transfer of Rights. Any attempt by you—or by a third party—to repurpose the Report beyond the above-stated decision-making use is strictly void and releases PIDS from all related liability.

5

Report Delivery

We aim to issue the Report electronically within 48 hours of the Inspection, and in any event within two to three (2-3) Portuguese business days, provided full payment has cleared. Where the 48 hours would fall across a weekend or a Portuguese public holiday, the business-day period applies. Neither period is a contractual guarantee unless we agree it in writing.

6

No Warranty; Limitation of Liability

6.1 PIDS performs the inspection with the reasonable skill and care of a competent professional carrying out a visual inspection of that kind, within the scope of these Terms. PIDS does not promise any particular result and does not promise that every defect will be found.

6.2 To the fullest extent permitted by applicable law, the total aggregate liability of PIDS arising out of or in connection with the inspection, the Report or this Agreement, whether in contract, tort or otherwise, and including the acts and omissions of the inspecting professional and any other person associated with PIDS, shall not exceed the total inspection fee actually paid by the Client. The Client acknowledges that the fee is set on the basis of this limit and that PIDS would not provide the service at this price without it.

6.3 To the fullest extent permitted by applicable law, PIDS is not liable for the cost of repairing, remedying or investigating any defect in the property, whether or not recorded in the Report, nor for indirect, consequential, incidental or special loss, loss of profit, loss of opportunity, loss of bargain, diminution in the value of the property, delay costs, alternative accommodation costs, or losses arising from a transaction proceeding or not proceeding.

6.4PIDS is not liable in respect of: (a) any element not visible or not safely accessible on the day, including foundations, the ground, and anything within walls, floors, ceilings, roofs or finishes; (b) items recorded as not inspected or cannot verify; (c) items and matters excluded by these Terms; (d) any defect arising, or becoming apparent, after the date of inspection; (e) equipment not commissioned and handed over, or operated at the request of any person present; (f) the Client’s decision to purchase or not, the price paid, or any deadline; (g) reliance by any person other than the Client; (h) information or documents supplied by the Client, the seller or any third party.

6.5 Where PIDS is liable, PIDS may first offer a re-inspection of the item concerned or a corrected Report. Refund of the fee, in whole or in part, is the remedy, and in no case does PIDS pay more than the fee.

6.6 The Client must notify PIDS in writing as soon as reasonably practicable after becoming aware of any matter that may give rise to a claim, and must give PIDS a reasonable opportunity to re-inspect before any remedial work is carried out. Where remedial work is carried out without that opportunity, PIDS is not liable in respect of the item to the extent its ability to investigate has been prejudiced.

6.7 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for dolo ou culpa grave (wilful misconduct or gross negligence), or for any liability that cannot lawfully be excluded or limited under Portuguese law.

7

Indemnity

7.1 Indemnification by You. You agree to indemnify, defend, and hold harmless PIDS, its inspectors, employees, agents, and affiliates from any third-party claims, liabilities, losses, damages, costs, and expenses (including reasonable attorney fees) arising out of:

  • Your breach of this Agreement;
  • Any unauthorised sharing, distribution, or reliance on the Report by third parties without our prior written consent; or
  • Any claims resulting from conditions that were not visible, not readily accessible, or otherwise outside the explicitly agreed inspection scope.

7.2 Report Usage and Third-Party Reliance. The Report provided by PIDS is intended solely for your personal use in evaluating the property condition. You agree not to provide or disclose the Report to any third party without PIDS's prior written consent. Any third party that relies on the Report without our express written authorisation does so entirely at their own risk, and you agree to indemnify PIDS for any claims arising from such unauthorised reliance.

8

Rescheduling & Cancellation

8.1 You may reschedule once without charge by giving us at least 24 hours' notice.

8.2 Cancellations with less than 24 hours' written notice incur a fee of up to fifty per cent (50%) of the quoted inspection fee.

8.3 If an inspection is cancelled or rescheduled by you with less than 24 hours' notice, you agree that, in addition to any applicable cancellation fees, you may be required to reimburse us for any reasonable mobilization or travel costs already incurred by us or our inspectors in preparation for the cancelled or rescheduled inspection.

9

Fees & Payment

9.1 Fees are as quoted and include VAT where applicable. Full payment is due in cleared funds before the Inspection.

9.2 We reserve the right to withhold the Report until payment is received in full.

10

Governing Law & Dispute Resolution

10.1 This Agreement is governed by Portuguese law.

10.2 Any dispute shall first be submitted to mediation under the laws of Portugal. If mediation fails, the courts of Lisbon shall have exclusive jurisdiction.

10.3 In the event of a dispute, complaint, or claim arising out of the inspection or Report, you agree to cooperate promptly and fully with PIDS, providing relevant documentation, timely responses to inquiries, and reasonable assistance to facilitate prompt investigation and resolution. You acknowledge that failure to cooperate may affect our ability to resolve your claim.

10.4 In accordance with Law 144/2015 of 8 September, PIDS informs the Client that a consumer dispute may be submitted to an alternative dispute resolution entity (entidade RAL). The entity with national competence, which acts where no other territorially or sector-specific centre applies, is CNIACC — Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (www.cniacc.pt). A full list of entities is available at www.consumidor.gov.pt. Providing this information is a statutory duty to inform and does not constitute adherence by PIDS to that or any other RAL entity.

11

Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in effect.

12

Entire Agreement & Non-Waiver

This Agreement (together with the quotation) constitutes the entire understanding between the parties and supersedes prior communications. No failure or delay by us in exercising any right operates as a waiver.

13

Acceptance

By scheduling and paying for the Inspection you acknowledge that you have read, understood and agree to be bound by these Terms & Conditions.

Get in Touch

Contact PIDS Home and Property Inspection

R. Pinhal Manso 5, 2500-630 Salir de Matos, Caldas da Rainha, Leiria, Portugal

info@pidsinspection.com · (+351) 910 796 823

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