Terms and Conditions

Pre Engagement Agreement – Building Inspection
THE AGREEMENT

Terms and Conditions

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.
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 6 months from date of reports,we will not be held responsible for any defects detected after a period of 6 months.
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.

t)In the event that the inspector upon inspection of any subfloor areas discovers dampness with mould developing then he will only inspect the subfloor from the door access point due to safety/health concerns.

Scope of Inspection and Report

  1. 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.
  2. 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.
  3. 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 20m of the Building relevant to the Inspection.

Restrictions on an Inspection

  1. The Inspector is restricted by certain foreseeable and unforeseeable limitations during an inspection.
  2. 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.
  3. The Inspector cannot move any furniture or any other chattel or thing in order to access an Area.
  4. 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.
  5. The Inspector cannot cut access holes or remove screws and bolts (or any other fastenings) to access covers.
  6. The Inspector cannot inspect an Area if the inspector determines that his access is obstructed.
  7. 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, 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.
  8. As outlined in Clause c4.2 (d) of As4349.1-2007. The inspection and report WILL NOTreport 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
  9. The Inspector may cease an Inspection or not inspect an Area, upon encountering asbestos, mould, Magnesite or heavy timber damage, which causes the Inspector to have safety concerns.
  10. 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.
  11. The Extent of Reporting is limited to a subjective visual and non invasive inspection only.
  12. 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.
  13. The Inspector is restricted by the following dimensions in relation to determining if an opening or height can be reasonably accessed:
  14. There may be further, unexpected limitations encountered by the Inspector, which can only be determined at the time of inspection.
  15. 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.