Terms and Conditions

Pre Engagement Agreement – Building Inspection

THE AGREEMENT

1. Definitions

The relevant definitions listed in this Agreement are listed at the end of this Agreement.

The Client’s Acknowledgments

2. The Client acknowledges that:
a) The Inspector reserves the right to cancel the inspection and only the deposit, if any, will be reimbursed to the Client.
b) The Inspector will inspect the Building Elements as outlined in Appendix C of AS4349.1-2007 except for Strata title properties where the inspection will be according to Appendix B of AS4349.1-2007. (AS Standards). A copy of the appropriate Standard with Appendices may be obtained from Standards Australia at your cost. The Client warrants that they have been given reasonable opportunity to peruse the relevant Australian Standards.
c) The Inspection Report is also limited by the Restrictions on an Inspection, as well as any rights held by an Inspector to ensure their own safety and/or any other limitations set out in the terms of this Agreement.
d) It is implicit that the Inspection Report is a subjective visual inspection.
e) The Client will not rely on the report for valuation purposes or in their final decision to purchase the Property.
f) The Inspection Report is for the Client’s exclusive use and not to be given to a third party without the Inspector’s written consent.
g) The Scope of Inspection set out in this Agreement is only indicative as the Inspector is restricted by their ability to access any Area, which is subject to all safety considerations. The Client further acknowledges that the Inspector cannot breach the same to carry out an inspection.
h) Some Restrictions on an Inspection are foreseeable while others are only known at the time of inspection.
i) That the Inspector is the only person who can determine, at the time of the inspection, what they are restricted by during an inspection.
j) The Inspector will carry out a visual and non-invasive inspection limited by access and restrictions.
k) The Inspector is not liable for any Area not inspected due to Restrictions on an Inspection.
l) That any claim for loss is limited to the cost of the inspection only.
m) That the Client has read all the terms and has not relied on any representations made by the Inspector or anyone else before entering this Agreement.
n) That just because a defect is not visible at the time of the inspection does not guarantee that there is no defect affecting the Property.
o) That the Client acknowledges acceptance of this Agreement and its terms through performance of this Agreement by way of payment of the agreed Inspector’s fee.
p) The Client will not hold the Inspector liable for any losses suffered on relying on the Inspection Report considering the acknowledgments above and the terms of this Agreement. The client will release us from any and all claims,actions,proceedings,judgments,damages,losses,interest,costs,and expenses after a period of 1 month from date of reports, we will not be held responsible for any defects detected after a period of 1 month
q) The Inspector does not report on latent defect in the property or in the title.
r) That the Client acknowledges acceptance through performance of this Agreement by way of payment of the agreed Inspector’s fee, and confirming that the agreement and terms and conditions have read and understood by the client and / or as such ticking the appropriate check box when ordering on line.
s) The Client will not hold the Inspector liable for any losses suffered on relying on the Inspection Report considering the acknowledgments above and all the terms of this Agreement.

Scope of Inspection and Report

3. The report does not include an estimate of the cost for rectification of the Defects. The overall condition of this building has been compared to similarly constructed and reasonably maintained building of
Approximate age. Areas for Inspection shall only cover what is deemed safe and accessible areas by the inspector.

4. The inspection will be a visual assessment of the items listed in Appendix C to AS4349.1- 2007 for the structures within 20 metres of the building and within the site boundaries including fences.

5. Subject to safe and reasonable access the Inspection will report on the condition of each of the following Areas and as follows:

The Inspector will inspect (subject to the minimum requirements and the Restrictions on an Inspection) the accessible “Area”:
a) The Interior of the Property;
b) The Roof Space of the Property;
c) The Exterior of the Property;
d) The Sub-Floor Space of the Property;
e) The Roof Exterior (subject to height and weather restrictions) of the Property; and
f) The Property within 30m of the Building relevant to the Inspection.

Restrictions on an Inspection

6. The Inspector is restricted by certain foreseeable and unforeseeable limitations during an inspection.

7. The Inspector’s foremost consideration is safety and reasonable access to an Area. Therefore the Inspector is restricted from inspecting any Area where it is unsafe to do so or cannot be reasonably accessed.

8. The Inspector cannot move any furniture or any other chattel or thing in order to access an Area.

9. The Inspector cannot conduct an inspection that is invasive and therefore cannot inspect: the inside of walls; between floors; behind any kitchen joinery/cupboards/wardrobes/chattels; inside flat roofing; and/or inside any eaves. This is not an exhaustive list.

10. The Inspector cannot cut access holes or remove screws and bolts (or any other fastenings) to access covers.

11. The Inspector cannot inspect an Area if the inspector determines that his access is obstructed.

12. The Inspector cannot carry out an inspection for:
a) Any non-structural element;
b) Any part of the Property that cannot be seen or that requires testing;
c) Serviceability damp defects;
d) Any common property that maybe under Strata Title or Company Title or any other form of Title unless explicitly stated in another signed Agreement;
e) Asbestos;
f) Magnesite;
g) Mould;
h) Anything listed on Appendix D of AS 4349.1-2007 attached to this document and marked Annexure ‘A’; and
i) Any timber pest activity, pest infestation or damage caused by a pest infestation and/or anything pest related.
j) No Inspection or comment will be made on any and not limited to plumbing conditions or any Electrical Wiring, Switches, Power Points or Electrical Appliances Including Air Conditioning Units, Gas Heaters, or fire places. We strongly recommend You engage a suitably qualified tradesperson to inspect the above.
k) Any single minor defect;
l) Any cost or plan to rectify any defects and/or repair work;
m) Comment on the appropriateness of: any structural design or construction; electrical works; swimming pools; or any electrical appliances;
n) Whether fireplaces or chimneys are functional;
o) Any biological risks such as toxic mould;
p) Compliancy with any relevant building code or Act;
q) Comment on any latent structural defect; and
r) Provide a comment on any risk of flooding, earthquake and/or any other singularity cause by nature that my affect the structural integrity of the Property.
s) This report is not a Swimming pool Safety report and the report will not include comment on Swimming Pools, Spas including pumps and equipment.

13. As outlined in Clause c4.2 (d) of As4349.1-2007. The inspection and report WILL NOT report on any defects which may not be apparent due to prevailing weather conditions at the time of the inspection including detection of rising damp and leaks. Such defects may only become apparent in differing weather conditions

14. The Inspector may cease an Inspection or not inspect an Area, upon encountering asbestos, electrical wiring considered unsafe, mould, Magnesite or heavy timber damage, which causes the Inspector to have safety concerns.

15. The Inspection Report will be limited to the Extent of Reporting and will therefore only include information in relation to:
a) The Area(s) inspected and/or not inspected with reasons;
b) Any major defects being defined as defects that need to be rectified to avoid unsafe conditions and/or a defect that is a safety hazard or will likely be a safety hazard and/or an urgent and serious safety hazard;
c) A general impression regarding the extent of minor defects; and
d) A conclusion, which will address the incidence of major and minor, defects, relative to the average condition of a property similar to the Property being the subject of the inspection. The conclusion will only comment on the overall condition of the Property.

16. The Extent of Reporting is limited to a subjective visual and non invasive inspection only.

17. Further to the above, the Inspector will not include anything that is beyond the Extent of Reporting including, but not limited to, cost of rectification of any defects.

18. The Inspector is restricted by the following dimensions in relation to determining if an opening or height can be reasonably accessed:

19. There may be further, unexpected limitations encountered by the Inspector, which can only be determined at the time of inspection.

20.If dampness to any sub floor areas is noted with surface water in existence the inspector will not progress further than the entry door so inspection to the subfloor will be restricted.

Inspector’s Fee

. The Client will pay to the Inspector the sum as advised by the Inspector for an Inspection Report of the Property (detailed above in this Agreement) and the final report is subject to this acknowledgments, terms and recitals within this Agreement.

Limitations And Exclusions

21. The Inspector will conduct a non invasive visual inspection which will be limited to those accessible Areas and sections of the property to which Safe and Reasonable Access is both available and permitted on the date and time of the inspection. Areas where reasonable entry is denied to the inspector, or where safe and reasonable access is not available, are excluded from and do not form part of, the inspection. Those areas may be the subject of an additional inspection upon request subject to another pre-inspection agreement on the same terms herein.

22. The Inspection WILL NOT involve any invasive inspection including cutting, breaking apart, dismantling, removing or moving objects including, but not limited to, roofing, wall and ceiling sheeting, ducting, foliage, mouldings, debris, roof insulation, sarking, sisalation, floor or wall coverings, sidings, fixtures, floors, pavers, furnishings, appliances ,or personal possessions.

23. Any stored or scattered goods, stored items including boxes, parked cars and bikes, boats, trailers, A/C units and ducting and any external covering foliage, plants, vines, stored fire wood and timbers, vines clinging to external wall surfaces, trees covering areas will hinder the inspection process.
24. The Report is not a certificate of compliance that the property complies with the requirements of any Act, regulation, ordinance, local law or by-law, or as a warranty or an insurance policy against problems developing with the building in the future.
25. Warranties and quality

26. The Inspector warrants that they will do everything reasonable to inspect the above Areas thoroughly and responsibly subject to the requirements of the AS Standard and any foreseeable or unforeseeable restrictions.

27. The Inspector warrants that it will list all of the limitations encountered, restricting the Inspector within the Inspection Report.

28. The Client warrants that they will not hold the Inspector liable for any Area that the Inspector could not reasonably inspect due access and restrictions on an inspection.

29. The Client warrants that they will not rely on this report after a period of 7 days as this is a visual inspection condition may change between the day of inspection and the day of any defect being apparent such as, but not limited to, different weather conditions, removal of furniture, damage done by occupants, settling of the land, extreme weather damages or anything that could cause the visual effect of a defect to become known.

Indemnity

30. The Client indemnifies the Inspector:
a) Against any third party losses or claims for use of the Inspection Report.
b) Against any claim as a result of purchasing a property that was not accurately valued.
c) Against any major and/or minor defect that was not evident by visual assessment at the time of the inspection.
d) Termination of this Agreement by the Inspector pursuant to Item 33 of this Agreement.

COMPLAINTS PROCEDURE

COMPLAINTS AND DISPUTES PROCEDURE
31. Any complaint, dispute or claim arising from the Inspection or Report must be provided to Us in writing as soon as reasonably practicable after the alleged defect or issue is discovered. Full details of the complaint, together with any photographs, reports, quotations or other supporting information relied upon, must be provided to Us. You must provide Us and/or Our nominated representative with reasonable access to the property and a reasonable opportunity to inspect and investigate the alleged defect before any repair, replacement, removal, alteration or rectification work is undertaken, except where urgent works are reasonably required for safety or to prevent further damage. Where works are undertaken before We have been provided with a reasonable opportunity to inspect, Our ability to investigate the complaint and determine whether the alleged defect was present and reasonably observable at the date of the original Inspection may be prejudiced. Our attendance, investigation, correspondence or consideration of any complaint does not constitute an admission of liability. Following receipt of sufficient information and reasonable access to investigate the complaint, We will endeavour to provide a written response within 28 days. If the dispute remains unresolved, the parties should make reasonable attempts to resolve the matter by negotiation or mediation before commencing legal proceedings. Nothing in this clause excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

31APRESERVATION OF EVIDENCE / REINSPECTION
Where a defect, damage or other issue is alleged following the Inspection, You must provide Us with a reasonable opportunity to inspect the alleged condition before any repair, replacement, removal, alteration or rectification works are undertaken, except where urgent works are reasonably required for safety or to prevent further damage. Photographs, reports, quotations and other relevant evidence should be provided to Us upon request. If the alleged condition is altered, removed, repaired or concealed before We have been given a reasonable opportunity to inspect it, this may prevent or significantly limit Our ability to determine whether the condition existed, was visible or was reasonably identifiable at the date of the original Inspection. Our attendance or investigation does not constitute an admission of liability.

Third party disclaimer

32. The Report will be made solely for the use and benefit of the Client. No liability or responsibility whatsoever, in contract or tort, is accepted to any third party who may rely on the report wholly or in part. Any third parties acting or relying on the report, in whole or in part will do so at their own risk.

Default and Termination

33. The Inspector reserves the exclusive right to terminate this Pre-Inspection Agreement on 1 days’ notice due to weather constraints, non-payment of the Inspector’s Fee or any other safety concern. Only the Inspector may terminate the Agreement.

34. If the Inspector’s fee is refunded for any reason whatsoever then the Inspection Report provided (if any) will be deemed invalid and annulled.

Severability

35. Any term within this Agreement that is deemed invalid in any jurisdiction is only invalid to the extent specified by the jurisdiction in that specific jurisdiction. It does not invalidate any other term of this Agreement. Furthermore if a term or terms are found to be invalid and thereby severed from this Agreement the Agreement and its surviving terms are not invalidated.

Bar on claims

36. The Client is barred from making a claim against the Inspector by virtue of the Client’s Acknowledgments.

DEFINITIONS

1. Acknowledgment: means a thing that a person is intimately aware of and has taken full consideration of and accepts that piece of information unconditionally.

2. Area: means the area and/or areas listed in clause 5 only.

3. AS Standards: means AS 4349.1 2007 in this Agreement.

4. Client: means the person detailed as the same on the first page of this agreement only.

5. Client’s acknowledgments: means the items listed in paragraph 2 that the Client is intimately aware of and has taken full consideration of and accepts that piece of information unconditionally.

6. Defect means a fault or deviation from the intended condition of the material, assembly or component.

7. Inspection: reasonable and careful visual appraisal of the Property in order to comment on the visually detectable defects.

8. Inspector: means the organization detailed as the same on the first page of this agreement only.

9. Inspector’s fee: means clause 20.

10. Limitation means any factor that prevents full achievement of the purpose of the inspection

11. Major defect: a defect that is significant enough to require rectification work in order to avoid unsafe conditions, loss of utility or cause further damage to overall quality of the Property.

12. Minor defect: any defect not classified as a major defect.

13. Property: means the property details listed in this Agreement.

14. Readily Accessible Areas means areas which can be easily and safely inspected without injury to person or property as defined in the clearance table listed in clause 18. Or where these clearances are not available, areas within the consultant’s unobstructed line of sight and within arm’s length.

15. Report: means the document and any attachments issued to the Client by the Inspector subject to the whole of this Agreement.

16. Restrictions on an Inspection: means paragraphs 6 to 19 of this Agreement.

17. Safe and Reasonable Access does not include the use of destructive or invasive inspection methods or moving furniture or stored goods. The Standard AS4349.1-2007 provides information concerning safe and reasonable access:

Note: Only areas where reasonable and safe access is available will be inspected. No Inspection will be carried out where there are safety concerns, or obstructions, or the space available is less than outlined and tabled in Clause 18 of this agreement.

Electrical and plumbing requirements including water leaks will not be commented or inspected within the scope of this building inspection,we recommend a plumber and electrician to conduct a full inspection before handover.

18.

LOW OR RESTRICTED SUBFLOOR ACCESS: The Client acknowledges that this inspection is a visual inspection of areas that are safely and reasonably accessible at the time of inspection. Where any section of the subfloor has insufficient or restricted clearance to permit safe physical access by the Inspector, that section is deemed inaccessible and excluded from the scope of the inspection. The Inspector is not required to enter any area where, in the Inspector’s reasonable opinion, access is unsafe, impracticable or could result in personal injury or damage to the property. Inspection from the perimeter or from an adjacent accessible position does not constitute a full inspection of the restricted area. The Client acknowledges that termite activity, termite workings, termite damage, wood borer activity or damage, fungal decay, timber deterioration, moisture damage, structural deterioration and other defects may exist within restricted or inaccessible sections and may not be visible or detectable from accessible areas. The absence of visible evidence of termite activity, borer activity, timber damage or other defects within accessible portions of the subfloor must not be interpreted as confirmation that such conditions do not exist within inaccessible or restricted areas. Where restricted access is identified, the Client is advised to arrange for suitable access to be provided and for a further inspection and/or invasive inspection to be undertaken before relying upon the condition of those areas or proceeding with the purchase of the property. Subject always to any rights or remedies that cannot lawfully be excluded, the Inspector accepts no responsibility or liability for defects, pest activity or damage located wholly or partly within areas that could not be safely and reasonably accessed or adequately visually inspected at the time of inspection.

19. DUCTWORK, SERVICES AND OTHER SUBFLOOR OBSTRUCTIONS: Where heating or cooling ductwork, plumbing, electrical services, insulation, stored materials, debris, building components or other obstructions restrict access or visibility within the subfloor, the affected areas are deemed restricted or inaccessible and excluded from the scope of the inspection to the extent that a complete visual inspection cannot reasonably be undertaken. The Inspector is not required to move, remove, disconnect, dismantle, compress, crawl over, crawl upon, damage or otherwise disturb ductwork, services, insulation, stored materials, building components or other obstructions for the purpose of obtaining access. The Inspector will not undertake actions that may cause damage to the property, ductwork or services or expose the Inspector to an unreasonable safety risk. The Client acknowledges that structural timbers, bearers, joists, flooring, stumps, piers and other building components concealed by or situated beyond such obstructions may contain termite activity or damage, wood borer activity or damage, fungal decay, moisture damage, timber deterioration, structural defects or other conditions that cannot be detected during the inspection. No representation or warranty is given as to the condition of any component that could not be adequately visually inspected. Where ductwork or other obstructions prevent inspection, the Client should arrange for an appropriately qualified contractor to remove, relocate or otherwise provide safe access to the affected areas and arrange a further inspection and/or invasive inspection where required. Subject always to any rights or remedies that cannot lawfully be excluded, the Inspector accepts no responsibility or liability for defects, termite activity or damage, wood borer activity or damage or other conditions concealed by, beneath, above or beyond ductwork, services or other obstructions that prevented reasonable inspection at the time of the inspection.

20. TIMBER RETAINING WALLS – TERMITE ACTIVITY AND DAMAGE

The inspection of timber retaining walls is limited to a visual inspection of readily accessible and visible surfaces only.

Timber retaining walls are inherently susceptible to termite attack, fungal decay and deterioration, particularly where timber is in direct contact with soil, landscaping, garden beds or other materials. Termite workings, termite activity and/or termite-related damage may be present within the timber, behind the retaining wall, below ground level, on the soil-facing side of the timbers, between adjoining timbers, or within other concealed areas that cannot be visually inspected.

The absence of visible termite workings, termite activity or termite damage at the time of inspection does not guarantee that termites or termite damage are not present within or behind a timber retaining wall.

The inspection does not include dismantling, excavation, removal of soil, garden beds, vegetation, landscaping materials, retaining-wall components or other obstructions to determine the condition of concealed portions of the retaining wall.

Where termite activity, termite workings or damage is concealed and was not reasonably visible or accessible at the time of inspection, such conditions are outside the scope of this visual inspection.

Where timber retaining walls are present, particularly where they are aged, deteriorated or in contact with soil, the client should consider obtaining a more invasive investigation by an appropriately qualified timber pest professional if confirmation of the concealed condition of the timbers is required.

No representation or warranty is provided regarding the condition or absence of termite activity or termite damage within inaccessible, concealed, buried or soil-facing portions of timber retaining walls.

21.

GUTTERS, DOWNPIPES AND ROOF-DRAINAGE SYSTEMS

The inspection of gutters, box gutters, valleys, rainheads, sumps, downpipes, fascia boards, eaves and associated roof-drainage components is limited to a visual inspection of readily accessible and visible areas only. The Inspector does not remove leaves, silt, vegetation, roofing materials, gutter guards, stored matter or other debris to expose concealed surfaces.

Where gutters, valleys, sumps or drainage components contain debris, the condition of the concealed surfaces beneath that debris cannot be determined. Debris may conceal corrosion, perforations, defective joints, inadequate falls, loose fixings, failed sealants, water ponding, leakage, timber decay, termite damage or other deterioration. The absence of a reported defect does not mean that concealed or obstructed sections are free from defects.

Downpipes are inspected only where their external surfaces are visible and accessible. The inspection does not include underground stormwater pipes, concealed downpipe sections, internal blockages, connections within walls or roofs, or discharge points that cannot be readily located. Gutters and downpipes are not dismantled, pressure tested, flooded or subjected to a controlled water-flow test unless expressly agreed to in writing as an additional service.

Where debris, gutter guards, restricted access, roof height, roof configuration, unsafe conditions or weather prevent a complete inspection, the affected drainage components must be treated as uninspected. Cleaning of all gutters, valleys, rainheads, sumps and downpipes by a suitably qualified contractor is recommended, followed by a further inspection and water-flow test before the Client relies upon their condition or proceeds with the purchase.

The Client acknowledges that defects or resulting damage concealed by debris or within inaccessible sections may not be identifiable during a non-invasive visual inspection. Subject to any rights that cannot lawfully be excluded, the Inspector is not responsible for defects, leakage, corrosion, timber decay or consequential damage located within areas that were concealed, obstructed, inaccessible or otherwise outside the agreed scope of inspection at the time of inspection.