TERMS & CONDITIONS, TO THE FEE AND INSPECTION AGREEMENT:
This document, once provided is agreed to and forms part of this Pre-Purchase Inspection Building and Pest Inspection Report as ordered by the above client/s.
(Offer & Acceptance, Form of Valuable Consideration and Instructions apply here.)
(Definition: Instructions; the purchaser has given verbal or written directions to carry out this pre purchase building and pest inspection on their behalf. At times it is very difficult to obtain written directions if the inspection and report is to be carried out the same day as ordered.)
(Definition: Offer and Acceptance; analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Agreement consists of an offer by an indication of one person (the “offeror”) to another (the “offeree”) of the offeror’s willingness to enter into a contract on certain terms without further negotiations. A contract is said to come into existence when acceptance of an offer (agreement to the terms in it) has been communicated to the offeror by the offeree and there has been consideration bargained-for induced by promises or a promise, associated costs and performance.)
(Definition: Valuable Consideration; it is very important that the Purchaser has had time to consider and deliberate what it is you, the inspector, is about to carry out for them as per their instructions. The benefit of carrying out this inspection is confirmed for example if Credit Card details are provided or an agreement is entered into for payment prior or on delivery of the inspection reports.)
CLIENT DETAILS: As per the front page of this fee and inspection booking form.
YOU THE CLIENT, AGREE TO THE FOLLOWING TERMS & CONDITIONS: INSPECTION TYPE/S AS ORDERED: VISUAL BUILDING and PEST INSPECTION and REPORT.
Cancellation policy, Inspections that are cancelled within the following time frames a percentage of the inspection cost will be charged.
Within 72hrs of confirmed inspection 25% of inspection cost
Within 48hrs of confirmed inspection 50% of inspection cost
Within 24hrs of confirmed inspection 75% of inspection cost
Day of the inspection 100% of the inspection cost
(Building and Pest Inspections, are to be conducted as per AS4349.1-2007 & AS4349.3-2010)
(Swimming Pool Inspections and Pool Barrier Safety Certification is carried out as per AS 1926.1 of 1986, 2007 and 2012 as well as the Swimming Pools ACT 1992 No 49 and Swimming pools Regulation 2008)
Pool Inspection Compliance.
The Certifier is accredited under the Building Professionals Act 2005, and is authorised to carry out inspections of swimming pools and to issue certificates of compliance under the Swimming Pools Act 1992 (SP Act).
The fees must be paid to the Certifier before the Certifier carries out the work described under, ‘Description of services’.
Description of services
The Certifier will perform all work necessary to comply with relevant statutory requirements, including:
Note: If a notice is issued for non-compliance, the Client will have six weeks to comply with the terms of the notice. If not complied with, the notice will then be forwarded to the local council. However, if the pool is deemed a risk to public safety, the notice will be forwarded immediately.
I acknowledge that I have freely chosen to engage the Certifier, read this Agreement; and read the NSW Department of Fair Trading Fact Sheet ‘Information about registered certifiers – Swimming Pool Inspectors’ and understood the roles and responsibilities of the Client and the Certifier.
Information about registered certifiers – Swimming Pool Inspectors —https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0015/923100/BDCAct-contract-attachment-Oct-2020-swimming-pool-inspectors.pdf
I acknowledge that if a notice is issued for non-compliance, the Client will have six weeks to comply with the terms of the notice. If not complied with, the notice will then be forwarded to the local council. However, if the pool is deemed a risk to public safety, the notice will be forwarded immediately.
If you are issued with a non- compliance certificate for use when selling a property, this is current for 12 months from the date of issue or until the sale is complete whichever is sooner. The council will still be notified of the non-compliance status as above.
Building & Pest Inspections
AS 4349.3-2010.
AREA | ACCESS MAN-HOLE | CRAWL / ACCESS SPACE | ACCESSIBLE HEIGHTS |
Roof Loft | 400mm x 500mm | Crawl space 600mm | Access with the use of a 3.6 step ladder only off a safe level platform |
Roof Exterior | N/A | N/A | Access from a 3.6 ladder only off a safe and level ground surface only, second storey roof exteriors WILL NOT be accessed for WH&S reasons |
Sub-Floor | This sub floor area will be accessed at the discretion of the inspector/s and only if it is safe to do so. If snakes, unidentified vermin or major mould infestation are present then this area WILL NOT be accessed for WH&S reasons and further investigations will then be required to determine when and if a reinspection is to be sought. |
SPECIAL CONDITIONS
SERVICE
As requested by the Client, i.e. the person or persons, for whom the Report is to be carried out or their Principal (i.e. the person or persons for whom the report is being obtained), the inspection is to be based solely on one of the following options:
Option 1 A Standard Property & Timber Pest Report comprising a Property Report and a Timber Pest Report.
Option 2 A Special-Purpose Inspection Report must include the defined purpose, scope and acceptance criteria on which the inspection report is to be based. A Special-Purpose Inspection Report may include Option 1 as well as the particular requirements of the Client which are specified and where applicable attached to this document.
The Report will be produced for the exclusive use of the Client. The Consultant, their company or firm is not liable for any reliance placed on the report by any third party.
ACCESSIBILITY
Unless noted in “Special Conditions or Instructions”, the inspection only covers the Readily Accessible Areas of the Building & Site (see Note below).
Note. With strata and company title properties, the inspection is limited to the interior and the immediate exterior of the particular residence being inspected. Common property is not inspected.
Readily Accessible Areas means areas which can be easily and safely inspected without injury to person or property, are up to 3.6 metres above ground or floor levels, in roof spaces where the minimum area of accessibility is not less than 600 mm high by 600 mm wide and subfloor spaces where the minimum area of accessibility is not less than 400 mm high by 600 mm wide, providing the spaces or areas permit entry. The term ‘readily accessible’ also includes:
(a) accessible subfloor areas on a sloping site where the minimum clearance is not less than 150 mm high, provided that the areas is not more than 2 metres from a point with conforming clearance (i.e. 400 mm high by 600 mm wide); and
(b) areas at the eaves of accessible roof spaces that are within the consultant’s unobstructed line of sight and within arm’s length from a point with conforming clearance (i.e. 600 mm high by 600 mm wide).
Building & Site means the inspection of the nominated residence together with relevant features including any car accommodation, detached laundry, ablution facilities and garden sheds, retaining walls more than 700 mm high, paths and driveways, steps, fencing, earth, embankments, surface water drainage and stormwater run-off within 30 m of the building, but within the property boundaries.
For the timber pest inspection, the term “Building & Site” is extended to include the main building (or main buildings in the case of a building complex) and all timber structures (such as outbuildings, landscaping, retaining walls, fences, bridges, trees and stumps with a diameter greater than 100 mm and timber embedded in soil) and the land within the property boundaries up to a distance of 50 metres from the main building(s).
The inspection does not include areas, which are inaccessible, not readily accessible or obstructed at the time of inspection. Areas, which are not normally accessible are not inspected and include – but not limited to – the interior of a flat roof or beneath a suspended floor filled with earth. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include – but are not limited to – roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements or earth.
PROPERTY REPORT
Definitions
Building Consultant means a person, business or company who is qualified and experienced to undertake a pre-purchase inspection in accordance with Australian Standard AS 4349.1-2007 ‘Inspection of Buildings. Part 1: Pre-Purchase Inspections – Residential Buildings’. The consultant must also meet any Government licensing requirement, where applicable.
Structure means the loadbearing part of the building, comprising the Primary Elements.
Primary Elements means those parts of the building providing the basic loadbearing capacity to the Structure, such as foundations, footings, floor framing, loadbearing walls, beams or columns. The term ‘Primary Elements’ also includes other structural building elements including: those that provide a level of personal protection such as handrails; floor-to- floor access such as stairways; and the structural flooring of the building such as floorboards.
Structural Damage means a significant impairment to the integrity of the whole or part of the Structure falling into one or more of the following categories:
(a) Structural Cracking and Movement – major (full depth) cracking forming in Primary Elements resulting from differential movement between or within the elements of construction, such as foundations, footings, floors, walls and roofs.
(b) Deformation – an abnormal change of shape of Primary Elements resulting from the application of load(s).
(c) Dampness – the presence of moisture within the building, which is causing consequential damage to Primary Elements.
(d) Structural Timber Pest Damage – structural failure, i.e. an obvious weak spot, deformation or even collapse of timber Primary Elements resulting from attack by one or more of the following wood destroying agents: chemical delignification; fungal decay; wood borers; and termites.
Conditions Conducive to Structural Damage means noticeable building deficiencies or environmental factors that may contribute to the occurrence of Structural Damage.
Secondary Elements means those parts of the building not providing loadbearing capacity to the Structure, or those non-essential elements which, in the main, perform a completion role around openings in Primary Elements and the building in general such as non-loadbearing walls, partitions, wall linings, ceilings, chimneys, flashings, windows, glazing or doors.
Finishing Elements means the fixtures, fittings and finishes applied or affixed to Primary Elements and Secondary Elements such as baths, water closets, vanity basins, kitchen cupboards, door furniture, window hardware, render, floor and wall tiles, trim or paint. The term ‘Finishing Elements’ does not include furniture or soft floor coverings such as carpet and lino.
Major Defect means a defect of significant magnitude where rectification has to be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the property.
Minor Defect means a defect other than a Major Defect.
Serious Safety Hazard means any item that may constitute an immediate or imminent risk to life, health or property. Occupational, health and safety or any other consequence of these hazards has not been assessed.
Serious Safety Hazard means any item that may constitute an immediate or imminent risk to life, health or property. Occupational, health and safety or any other consequence of these hazards has not been assessed. Tests means where appropriate the carrying out of tests using the following procedures and instruments:
(a) Dampness Tests means additional attention to the visual examination was given to those accessible areas which the consultant’s experience has shown to be particularly susceptible to damp problems. Instrument testing using electronic moisture detecting meter of those areas and other visible accessible elements of construction showing evidence of dampness was performed.
(a) Physical Tests means the following physical actions undertaken by the consultant: opening and shutting of doors, windows and draws; operation of taps; water testing of shower recesses; and the tapping of tiles and wall plaster.
Purpose, Scope and Acceptance Criteria
The Property Report (“the Report”) is to be carried out by a Building Consultant (“the Consultant”).
PURPOSE OF INSPECTION The purpose of the inspection is to provide advice to the Client regarding the condition of the Building & Site at the time of inspection.
SCOPE OF INSPECTION The Report only covers or deals with any evidence of: Structural Damage; Conditions Conducive to Structural Damage; any Major Defect in the condition of Secondary Elements and Finishing Elements; collective (but not individual) Minor Defects; and any Serious Safety Hazard discernible at the time of inspection. The inspection is limited to the Readily Accessible Areas of the Building & Site (see Note below) and is based on a visual examination of surface work (excluding furniture and stored items), and the carrying out of Tests.
Note. With strata and company title properties, the inspection is limited to the interior and the immediate exterior of the particular residence to be inspected. Common property is not inspected as part of the Report.
ACCEPTANCE CRITERIA Unless otherwise agreed and noted in “Special Conditions or Instructions” for this report request, the building shall be compared with a building that was constructed in accordance with the generally accepted practice at the time of construction and which has been maintained such that there has been no significant loss of strength and serviceability
Unless noted in “Special Conditions or Instructions”, the Report assumes that the existing use of the building will continue.
The Report only records the observations and conclusions of the Consultant about the readily observable state of the property at the time of inspection. The Report therefore cannot deal with:
(a) possible concealment of defects, including but not limited to, defects concealed by lack of accessibility, obstructions such as furniture, wall linings and floor coverings, or by applied finishes such as render and paint; and
(b) undetectable or latent defects, including but not limited to, defects that may not be apparent at the time of inspection due to seasonal changes, recent or prevailing weather conditions, and whether or not services have been used some time prior to the inspection being carried out.
These matters outlined above in (a) & (b) are excluded from consideration in the Report.
If the Client has any doubt about the purpose, scope and acceptance criteria on which the Report is to be based please discuss your concerns with the Consultant before ordering the Report.
The Client acknowledges that, unless stated otherwise, the Client as a matter of urgency should implement any recommendation or advice given in the Report.
Limitations
The Client acknowledges:
Exclusions
The Client acknowledges that the Report does not cover or deal with
(i) any individual Minor Defect;
(ii) solving or providing costs for any rectification or repair work;
(iii) the structural design or adequacy of any element of construction;
(iv) detection of wood destroying insects such as termites and wood borers;
(v) the operation of fireplaces and chimneys;
(vi) any services including building, engineering (electronic), fire and smoke detection or mechanical;
(vii) lighting or energy efficiency;
(viii) any swimming pools and associated pool equipment or spa baths and spa equipment or the like;
(ix) any appliances such as dishwashers, insinkerators, ovens, stoves and ducted vacuum systems;
(x) a review of occupational, health or safety issues such as asbestos content, the provision of safety glass or the use of lead based paints;
(xi) a review of environmental or health or biological risks such as toxic mould;
(xii) whether the building complies with the provisions of any building Act, code, regulation(s) or by-laws;
(xiii) whether the ground on which the building rests has been filled, is liable to subside, swell or shrink, is subject to landslip or tidal inundation, or if it is flood prone; ; and
(xiv) in the case of strata and company title properties, the inspection of common property areas or strata/company records.
Any of the above matters may be the subject of a special-purpose inspection report, which is adequately specified and undertaken by an appropriately qualified inspector.
TIMBER PEST REPORT
Definitions
Timber Pest Attack means Timber Pest Activity and/or Timber Pest Damage.
Timber Pest Activity means telltale signs associated with ‘active’ (live) and/or ‘inactive’ (absence of live) Timber Pests at the time of inspection.
Timber Pest Damage means noticeable impairments to the integrity of timber and other susceptible materials
resulting from attack by Timber Pests.
Major Safety Hazard means any item that may constitute an immediate or imminent risk to life, health or property resulting directly from Timber Pest Attack. Occupational, health and safety or any other consequence of these hazards has not been assessed.
Conditions Conducive to Timber Pest Attack means noticeable building deficiencies or environmental factors that may contribute to the presence of Timber Pests.
Timber Pest Detection Consultant means a person who meets the minimum skills requirement set out in the current Australian Standard AS 4349.3 Inspections of Buildings. Part 3: Timber Pest Inspection Reports or state/territory legislation requirements beyond this Standard, where applicable.
Timber Pests means one or more of the following wood destroying agents which attack timber in service and affect its structural properties:
(a) Chemical Delignification – the breakdown of timber through chemical action.
(b) Fungal Decay – the microbiological degradation of timber caused by soft rot fungi and decay fungi, but does not include mould, which is a type of fungus that does not structurally damage wood.
(c) Wood Borers – wood destroying insects belonging to the order ‘Coleoptera’ which commonly attack seasoned timber.
(d) Termites – wood destroying insects belonging to the order ‘Isoptera’ which commonly attack seasoned timber.
Tests means additional attention to the visual examination was given to those accessible areas which the consultant’s experience has shown to be particularly susceptible to attack by Timber Pests. Instrument Testing of those areas and other visible accessible timbers/materials/areas showing evidence of attack was performed.
Instrument Testing means where appropriate the carrying out of Tests using the following techniques and instruments:
(a) electronic moisture detecting meter – an instrument used for assessing the moisture content of building elements;
(b) stethoscope – an instrument used to hear sounds made by termites within building elements;
(c) probing – a technique where timber and other materials/areas are penetrated with a sharp instrument (e.g. bradawl or pocket knife), but does not include probing of decorative timbers or finishes, or the drilling of timber and trees; and
(d) sounding – a technique where timber is tapped with a solid object.
Purpose, Scope and Acceptance Criteria
The Timber Report (“the Report”) is to be carried out by a Timber Pest Detection Consultant (“the Consultant”).
PURPOSE The purpose of the inspection is to assist the Client to identify and understand any Timber Pest issues observed at the time of inspection.
SCOPE OF INSPECTION The Report only deals with the detection or non detection of Timber Pest Attack and Conditions Conducive to Timber Pest Attack discernible at the time of inspection. The inspection is limited to the Readily Accessible Areas of the Building & Site (see Note below) and is based on a visual examination of surface work (excluding furniture and stored items), and the carrying out of Tests.
Note. With strata and company title properties, the inspection is limited to the interior and the immediate exterior of the particular residence to be inspected. Common property is not inspected as part of the Report.
ACCEPTANCE CRITERIA Unless otherwise agreed and noted in “Special Conditions or Instructions” for this report request, the building being inspected is to be compared with a similar building. To the Consultant’s knowledge the similar building used for comparison was constructed in accordance with generally accepted timber pest management practices and has since been maintained during all its life not to attract or support timber pest infestation.
Note. If the building is not comparable to a similar building (e.g. due to unusual design or construction techniques), then the inspection shall be based on the general knowledge and experience of the Consultant.
Unless noted in “Special Conditions or Instructions”, the Report assumes that the existing use of the building will continue.
The Report only records the observations and conclusions of the Consultant about the readily observable state of the property at the time of inspection. The Report therefore cannot deal with:
(a) possible concealment of defects, including but not limited to, defects concealed by lack of accessibility, obstructions such as furniture, wall linings and floor coverings, or by applied finishes such as render and paint; and
(b) undetectable or latent defects, including but not limited to, defects that may not be apparent at the time of inspection due to seasonal changes, recent or prevailing weather conditions, and whether or not services have been used some time prior to the inspection being carried out
These matters outlined above in (a) & (b) are excluded from consideration in the Report.
If the Client has any doubt about the purpose, scope and acceptance criteria on which the Report is to be based please discuss your concerns with the Consultant before ordering the Report.
The Client acknowledges that, unless stated otherwise, the Client as a matter of urgency should implement any recommendation or advice given in the Report.
Limitations
The Client acknowledges:
Exclusions
The Client acknowledges:
NOTE:
You agree when acknowledging of this inspection booking form, that you acknowledge to us you have read and understand the contents of this fee and inspection agreement and that the inspection/s will be carried out in accordance with this document on your behalf.
You agree to make payment to banking details on invoice before report will be sent.