Building Inspection Agreement

APPLICATION TERMS

OVERVIEW

1. These terms and conditions apply to all supplies of inspections and Reports by CTP Inspections Pty Limited (ACN 655 784 535) to You. These terms apply to the exclusion of all terms and conditions conflicting with or purporting to modify them, except where otherwise agreed in writing between Us and You.

2. In addition to the disclaimers and limitations outlined in these terms and conditions, each Report prepared under this agreement is also subject to the terms and conditions, disclaimers and limitations which may appear in the Report. It is important that You read the Report carefully in light of all these terms and conditions, disclaimers and limitations.

3. Where this agreement has been entered into on Your behalf by a legal representative such as a solicitor or conveyancer, it is assumed that the person entering into this agreement on Your behalf has also read and understood these agreement terms, has emailed You a copy and fully explained these terms.

4. These terms are binding upon the parties, as well as their spouses, heirs executors, administrators, assigns and representatives of any kind whatsoever.

ORDERS

5. Any order submitted by You to Us will be deemed to incorporate these terms. When You make an order for an inspection, You will be asked to enter the details of the Property to be inspected, your personal details, address, and the type of inspection service you would like us to perform. Before accepting your inspection order, we may request further verification or information from You.

INSPECTION & REPORT

TYPE OF PROPOSED INSPECTION ORDERED BY YOU:

6. Inspection & Report: The inspection will be of the Building Elements as outlined in Appendix C of AS4349.1-2007 or AS4349.0-2007 except for Strata title properties where the inspection will be according to Appendix B of AS4349.1 2007. This agreement needs to be signed (physically or Electronically by clicking/or replying I agree).

7. A copy of the appropriate Standard with Appendices may be obtained from Rapid Solutions at Your cost by phoning (02) 4954 3655 or by email to support@rapidsolutions.com.auor from Standards Australia on 1800 845 140. You warrant that You have been given reasonable opportunity to consider the relevant Australian Standards.

8. We will carry out the inspection and Report ordered by You in accordance with this agreement and You agree to pay for the inspection prior to the commencement of the inspection. In ordering the inspection, You agree that the inspection will be carried out in accordance with the following clauses, which define the scope and limitations of the inspection and the Report.

9. Special instructions: Any special instructions for any inspection are to be submitted in writing to Us before the commencement of the inspection.

10. Inability to carry out inspection: If We are no longer able to provide the inspection service (in whole or part) to You, we will use all reasonable endeavours to notify You as soon as practicable and provide the reasons as to why the inspection (in whole or part) can no longer be provided.

SCOPE OF THE INSPECTION & THE REPORT

11. The Inspection will be carried out in a proper, workmanlike and professional manner, and in accordance with AS4349.1-2007 or AS4349.0-2007. We may delegate the performance of the inspection to any contractor or subcontractors as We see fit.

The purpose of the inspection is to identify Major defects, the incidence of Minor defects and safety hazards associated with the Property at the time of the inspection. This does not guarantee that further Defects will not present themselves in the future. The inspection and reporting is limited to Appendix C of AS4349.1-2007.

12. The Report does not include an estimate of the cost for rectification of the Defects. The overall condition of the building on the Property will be compared to similarly constructed and reasonably maintained buildings of approximately the same age. Areas for inspection shall cover all safe and accessible areas.

13. The Report may include photographs and images. These are provided as a courtesy, to help clarify the condition of the components at the time of inspection. Not all problem areas, Defects or conditions will be supported by photos.

14. The inspection shall comprise a visual assessment of the items listed in Appendix C to AS4349.1-2007 for the structures within 30 metres of the building and within the site boundaries including fences.

15. The Inspector attending the Property is the only person who can determine, at the time of inspection, what restrictions may inhibit Our ability to perform the inspection.

16. Subject to Safe and Reasonable Access the inspection will normally report on the condition of each of the following areas:

  • The interior
  • The roof void
  • The exterior
  • The subfloor
  • The roof exterior

17. The Inspector will report individually on Major defects and Safety Hazards evident and visible on the date and time of the inspection. The Report will also provide a general assessment of the Property and collectively comment on Minor defects which would form a normal part of property maintenance.

18. Where a Major defect has been identified, the Inspector will give an opinion as to why it is a Major defect and specify its location.

METHAMPHETAMINE INSPECTIONS

19. In the case of Methamphetamine Inspections, the resulting Report will include (as at the date of inspection) Our assessment of methamphetamine contamination. Specifically, testing is designed to provide You with instant positive or negative result for the presence of methamphetamine on internal walls, fixtures, or horizontal surfaces as specified by You prior to an inspection. This Report is valid for 30 days from the date of inspection.

20. Testing to be undertaken includes a Rapid Test, which usually produces results on site within 5 minutes and 98% accuracy for levels of contamination at 0.5 Micrograms per 100cm2or greater – which is the threshold specified in the Clandestine Drug Laboratory Remediation Guidelines (Australian Crime Commission 2011).

21. If the initial Rapid Test is found to be positive, you may ask Us to undertake, at additional cost, a further Lab NIOSH 9111 Test swab which is sent to a NATA lab. NATA will test for exact levels of contamination and if any pre-cursors are present indicative of methamphetamine manufacture. This will determine the extent of cleaning required to make the Property safe and inhabitable. The ordering of a Lab NIOSH 9111 Test is entirely at your discretion. The production of a NATA lab report may take between 3-8 days to be returned from a NATA approved Australian laboratory.

22. If You choose to order a Methamphetamine Inspection as part of a pre-purchase Report, then it will be up to You alone to request any time extensions that may be required from the vendor of the Property, based on any potential time delays for lab results.

23. Our Report will not include an assessment of the following:

  • building fixtures such as curtains, carpet or appliances
  • personal belongings, stored items and property belonging to the Property occupants (unless expressly agreed to in writing by You and Us)
  • anything in the external environment

24. You acknowledge that it is impossible to test all areas and surfaces on Your Property. You further acknowledge that this is a non-invasive inspection, meaning that the Inspector will not dismantle or unscrew fixtures without Your consent.

CANCELLATIONS

25. You may cancel an inspection at any time, by sending Us written notice, before 3:00pm (AEST) on the Business Day before a scheduled inspection. If You cancel an inspection in accordance with this clause, a full refund will be provided to Your nominated bank account. Your refund will usually be processed within 5-7 Business Days.

26. If You cancel an inspection after 3:00pm (AEST) on the Business Day before a scheduled inspection, a cancellation fee of $300 will be charged. This amount is a genuine pre-estimate of the loss We will suffer as a result of the cancellation. Our invoice for this cancellation fee will be issued at the time of cancellation, with payment due within 7 days after the date of invoice.

LIMITATIONS

27. 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 available and permitted at the 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, following the provision of reasonable entry and access.

28. 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.

29. The Inspection and Report compares the inspected building with a building constructed to the generally accepted practice at the time and which has been maintained, so there has been no significant loss of strength and performance.

30. The Inspector is restricted by certain foreseeable and unforeseeable limitations during an inspection. If the Property to be inspected is occupied then You must be aware that furnishings or household items may be concealing evidence of problems, which may only be revealed when the items are moved or removed.

31. The Inspection excludes the inside of walls, between floors, inside skillion roofing, inside the eaves, behind stored goods in cupboards, and other areas that are concealed or obstructed. The Inspector WILL NOT dig, gouge, force or perform any other invasive procedures.

32. 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.

33. The Inspection WILL NOT look for or report on Timber Pest Activity. Just because a pest infestation or other Defect is not visible at the time of inspection, this does not guarantee that there is no infestation or other Defect affecting the Property. You should have an inspection carried out in accordance with AS4349.3-2010 Timber Pest Inspections, by a fully qualified, licensed and insured Timber Pest Inspector.

34. lf Timber Pest Damage is found then it will be reported. The Inspector will only report on the damage which is visible.

35. Nothing contained in the Report will imply that any inaccessible or partly inaccessible area(s) or section(s) of the Property are not, or have not been, contaminated by methamphetamine. Accordingly, the Report will not guarantee that contamination and/or damage does not exist in any inaccessible or partly inaccessible areas or sections of the Property. Nor can it guarantee that future contamination will not occur or be found.

36. ASBESTOS DISCLAIMER: No inspection for asbestos will be carried out at the property and no Report on the presence or absence of asbestos will be provided. If during the course of the Inspection asbestos or materials containing asbestos are identified, then this may be noted in the general remarks section of the Report. Accordingly, You agree to seek advice from a qualified asbestos removal expert as to the amount and importance of the asbestos present and the cost of sealing or removal. If Timber Pest Damage is found, then it will be reported. The Inspector will only Report on the damage which is visible. You accept full responsibility and liability for any injuries sustained directly or indirectly by an Inspector, as a result of contamination, structural collapse or any other damage caused.

37. MOULD (MILDEW) AND NON-WOOD DECAY FUNGI DISCLAIMER: No inspection or Report will be made for mould (mildew) and non­-wood decay fungi. You accept full responsibility and liability for any injuries sustained directly or indirectly by an Inspector, as a result of contamination.

38. MAGNESITE FLOORING, DECKING & VERANDAHS DISCLAIMER: No inspection for magnesite flooring will be carried out at the Property and no Report on the presence or absence of magnesite flooring will be provided. The same applies to any structural Defects in relation to decking and verandahs. You should ask the owner whether any of these are present and/or seek advice from a structural engineer. You accept full responsibility and liability for any injuries sustained directly or indirectly by an Inspector, as a result of structural collapse or any other damage caused.

39. ESTIMATING DISCLAIMER: Any estimates provided in the Report are merely opinions of possible costs that could be encountered based on the knowledge and experience of the Inspector and are not estimates in the sense of being a calculation of the likely costs to be incurred. The estimates are NOT a guarantee or quotation for work to be carried out. The Inspector accepts no liability for any estimates provided throughout this Report where they occur. You agree to obtain and rely on independent quotations for the same.

40. The Inspection will not cover or report:

  • on latent defects in the Property
  • on swimming pools or spas
  • floor grading and fall ratios
  • the items listed in Appendix D to AS4349.1-2007
  • items not apparent due to prevailing weather conditions at the time of inspection. Such Defects may only become apparent in differing weather conditions.

41. Where the Property is a strata or similar title, only the interior and immediate exterior of the specified dwelling will be inspected by the Inspector. The inspection will be as outlined in AS4349.1-2007 Appendix B. Therefore, it is advised that You obtain an inspection of common areas.

42. You agree that We do not accept any liability for Our failure to report a Defect or methamphetamine contamination that was concealed by the owner of the building being inspected and You agree to indemnify Us for any failure to find such concealed Defects or contaminated areas. Where Our Report recommends another type of inspection including an invasive inspection and Report, then You should have such an inspection carried out. If You fail to follow Our recommendations, then You agree and accept that You may suffer financial loss and indemnify Us against all losses that You incur resulting from Your failure to act on Our advice.

43. The Report is prepared and presented, unless stated otherwise, under the assumption that the existing use of the building will continue as a residential Property.

PRICE & PAYMENT

44. Prices for each of the inspections are subject to a quotation and will vary depending on the nature of the Property and the type of inspection selected.

45. Inspection requirements requested by you may incur an additional expense. Our usual pricing is subject to change from time to time.

46. In any event, the price of the inspection will be as agreed between the parties and, where there is no written confirmation of the price, the price will be the reasonable amount indicated on an invoice provided by Us to You in respect of the inspection ordered.

47. Quotations are indicative only and are based on the type and quantities of inspection specified in a quotation and prices current at the date of the quotation.

48. We may issue an amended quotation or invoice if it contains a genuine error on Our part.

49. A service fee sufficient to cover Our administration and banking costs may be added by Us to the price where You pay us by credit card or where any cheque payment is returned unpaid by the bank for any reason.

50. We will issue our invoice for inspections performed with payment due prior to the commencement of the ordered inspection.

51. If You dispute any invoiced amount, You must:

  • pay Us in writing of the grounds of the dispute within 14 days after the date of the relevant invoice
  • pay the amount (if any) which is not disputed.

52. We will investigate all disputes. If the disputed amount is found by Us to be payable (in whole or in part), You must pay the due amount within seven days after receiving notice of the amount payable by you (including the basis of our decision) from Us.  Invoiced amounts that are not disputed in writing within 14 days after the date of the relevant invoice will be deemed to be correctly charged and accepted by You and You will be liable to pay those amounts in accordance with these terms.

53. If You don’t make payment of any correctly rendered invoice by the due date, then:

  • all money that You owe to Us becomes immediately payable;
  • We may suspend any inspections in progress and/or cancel any orders in existence (without prejudice to any other rights or remedies we may have);
  • we may charge interest at the cash target rate published by the Reserve Bank of Australia plus a margin of 6% per annum, commencing on the day after the due date for payment and ending on the date when payment is received by Us; and
  • you must reimburse and indemnify us for and against all expenses, costs and disbursements incurred by us in pursuing the debt or a claim under these terms including the fees charged to us by any mercantile agency.

54. A certificate of debt signed by one of our representatives will be prima facie evidence and proof of money owed by you to us at the time of certificate, except in the case of manifest error.

COMPLAINTS PROCEDURE

55. In the event of any complaint, dispute or claim arising out of, or relating to the Inspection or the Report, You must first notify the Inspector who inspected the Property to resolve these. If the issue is not resolved, You must notify Us as soon as possible of the dispute or claim by email, fax or mail. You must allow Us (which includes Persons nominated by Us) to visit the Property (which visit must occur within 28 days of your notification to Us) and give Us full access in order that We may fully investigate the complaint. You will be provided with a written response to your dispute or claim within 28 days of the date of the inspection.

56. If you are not satisfied with our response You must within 21 days of Your receipt of Our written response refer the matter to a Mediator nominated by Us from the Institute of Arbitrators and Mediators of Australia. The cost of the Mediator will be borne equally by both parties or as agreed as part of the mediated settlement.

57. In the event You do not comply with the above complaints procedure and commence litigation against Us then You agree to fully indemnify Us against any awards, costs, legal fees and expenses incurred by Us in having Your litigation set aside or adjourned to permit the foregoing complaints procedure to complete.

LIMITATION OF LIABILITY

58. Our liability to You or any third party for breach of these terms, negligence or other tort, breach of statutory duty, or under any indemnity or otherwise, is limited to, at our option to the re-supply of the relevant inspections and/or Reports or the cost of the re-supply of the relevant inspections and/or Reports. We are not liable to you or any third party for any special, indirect, consequential, punitive, exemplary or unforeseeable loss, or any loss of profits or business interruption or any similar loss arising in connection with these terms, our inspections or any Reports provided by us.

THIRD PARTIES

PROHIBITION ON THE PROVISION OR SALE OF THE REPORT

59. The Report is provided for your exclusive use and is not to be sold or provided to any other Person without Our express written consent, unless you are authorised to do so by legislation. If We give our consent it may be subject to conditions such as payment of a further fee by the other Person and agreement from the other Person to comply with this clause. However, We may sell the Report to any other Person although there is no obligation for Us to do so.

60. Any third party acting or relying on this Report, in whole or in part, does so entirely at their own risk. However, if Our inspections are ordered by a real estate agent or a vendor for the purpose of auctioning the Property, then copies of the Report may be provided to prospective buyers of the Property, but only on the condition that each prospective buyer agrees to these terms as if they were Our Client. A Report prepared in these circumstances can only be relied upon for a period of 14 days from the date of the Report.

RELEASE

61. You release Us from any and all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of whatever nature that the Person may have at any time hereafter arising from the unauthorised provision or sale of the Report by You to a Person without Our express written consent.

INDEMNITY

62. You indemnify Us in respect of any and all liability, including all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of any nature, which may be incurred by, brought , made or recovered against Us arising directly or indirectly from the unauthorised provision or sale of the Report by You to a Person without Our express written consent.

INTELLECTUAL PROPERTY

63. You agree that:

  • We own and retain, and You must not assert any right of any kind to any Intellectual Property Rights in respect of the inspections and Our Reports; and
  • nothing in these Terms transfers any Intellectual Property Rights to You or confers any licence to use any Intellectual Property Rights.

64. You indemnify Us and keep Us indemnified against all claims, demands, loss, costs and expenses incurred by or made against Us, arising out of any actual or alleged infringements of Intellectual Property Rights relating to any logo, design or other material that We use, print or reproduce at your request.

PRIVACY

65. We collect, use, store and disclose personal information in accordance with our obligations under the Australian Privacy Principles.

MISCELLANEOUS

VARIATIONS

66. We may amend these terms from time to time. Amendments will be effective immediately following publication of the amended terms on our website.  The amended terms will apply to any new orders accepted by Us from the date on which the amended terms are published.

67. You should check the terms each time you place an order with Us to ensure that You understand the requirements of the current terms. If You object to the amended terms, Your only remedy, other than any remedy which cannot be excluded by law, is to stop ordering any inspections from Us.

APPLICABLE LAW

68. These terms are governed by the law of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts in New South Wales in connection with matters concerning these terms and any connected agreement.

SEVERABILITY

69. Any term within this agreement that is deemed invalid, is only invalid to the extent specified in the relevant jurisdiction. It does not invalidate any other term of this agreement. If terms are found to be invalid and are severed from this agreement, the agreement and its surviving terms are not invalidated.

SET OFF AND ASSIGNMENT

70. You are not entitled to set off against or deduct from the price of inspections and/or Report provided any sums owed or claimed to be owed by Us to You.

71. You must not assign or subcontract any of Your rights or obligations under these terms (or a connected agreement).

72. We may, at any time, novate, assign or transfer part or all of Our rights and obligations under these Terms to any third party and, to the extent required. You consent to the novation, assignment or transfer and agree to enter into a novation, assignment or transfer agreement on terms specified by Us.

FORCE MAJEURE

73. We will have no liability to You in relation to any loss, damage or expense caused by Our failure to complete an inspection order or contract as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lock out, war, pandemic and government restrictions or order, or the inability of Our suppliers to supply necessary materials or any other matter beyond Our control.

DEFINITIONS

You should read and understand the following definitions of words used in this Agreement and the Report. This will help You understand what is involved in a Property and building inspection, the difficulties faced by the Inspector and the contents of the Report which We will provide You following the Inspection.

Acceptance Criteria: The Building shall be compared with a building which was constructed at approximately the same time. using practices which were generally accepted as normal for that time and that the property has received maintenance to ensure that the intended strength and serviceability of the building have not significantly deteriorated over time.

Access hole (cover) means a hole in the structure allowing safe entry to an area.

Accessible area is any area of the Property and structures allowing the Inspector safe and reasonable access within the scope of the inspection.

Building Element means a part of a building performing a particular function either singularly or in conjunction with other such parts.

Business Day means a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales.

Client means the person(s) or other legal entity for which the inspection is to be carried out. If ordered by the person(s)’s agent then it is agreed that the agent represents the person(s) and has the authority to act for and on their behalf. (See also “You/Your” below).

Defect means a variation or fault in material or a component or assembled element that deviates from its intended appearance or function.

Inspector means the company, partnership or individual named in the Report who carried out the inspection requested by You.

Insolvency Event means if a party enters into bankruptcy, provisional liquidation, liquidation, receivership, receiver and managership, voluntary administration or if a controller (as defined in the Corporations Act 2001 (Cth)) is appointed to a party or if a mortgagee takes possession of any assets of a party whether by itself or by an agent or if a party ceases to trade or is unable to pay its debts as they fall due or if a party makes a compromise with its creditors or enters into a scheme of arrangement.

Intellectual Property Rights means all present and future intellectual, industrial or proprietary rights conferred by statute, at common law or in equity anywhere in the world, whether issued or pending, registered or unregistered, including all forms of copyright, patents, trade marks, designs, trade secrets, know-how, confidential information and circuit layouts.

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

Major defect means a defect of such significance that without correction would not avoid Safety Concerns, loss of the intended practical performance of the building element or an additional decline in the existing condition of the Property inspected.

Minor defect means a defect which is not a Major Defect.

Person means any individual, company, partnership or association who is not a Client.

Property means the structures and boundaries up to thirty (30m) metres from the exterior walls of the main building but within the boundaries of the land on which the main building is erected.

Report means the document and any attachments issued to You by Us following Our inspection of the Property.

Structural Inspection means the inspection shall comprise visual assessment of accessible areas of the Property to identify Major defects to the building structure and to form an opinion regarding the general condition of the structure of the Property. The Report will not include those items noted in Clause A3 of AS4349.1-2007 e.g. Condition of roof coverings, partition walls, cabinetry, doors, trims, fencing, minor structures. ceiling linings, windows, non- structural & serviceability damp issues, rising damp, condensation etc.

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:

Only areas where reasonable and safe access was available were inspected. Access will not be available where there are safety concerns, or obstructions, or the space available is less than the following:

  • Roof Void the dimensions of the access hole must be at least 500mm x 400mm, and, reachable by a 3.6M ladder, and, there is at least 600mm x 600mm of space to crawl;
  • Roof Exterior· must be accessible by a 3.6M ladder placed at ground level.
  •  

Reasonable access does not include the use of destructive or invasive inspection methods. Nor does reasonable access include cutting or making access traps, or moving heavy furniture or stored goods.

Subfloor – Access is normally not available where dimensions are less than 500mm x 400mm for the access hole and less than 400mm of crawl space beneath the lowest bearer, or, less than 500mm beneath the lowest part of any concrete floor; 

Safe Access is determined at the Inspector’s sole discretion. The Inspector will take into account conditions existing on the Property at the time of the inspection. Safe access is subject to sufficient space being available in and around confined areas. If the inspector reasonably believes that hazardous mould, inadequate ventilation or water pooling may exist, access is deemed to be unsafe.

Our/Us/We means the company, partnership or individual named below that You have requested to carry out the Property inspection and Report.

You/Your means the party identified on the face page of this agreement as the Client, and where more than one party all such parties jointly and severally, together with any agent of that party.

You agree that in signing this agreement (physically or Electronically by clicking/or replying I agree). You have read and understand the contents of this agreement and that the inspection will be carried out in accordance with this document. You agree to pay for the inspection before delivery of the Report.

If You fail to sign and return a copy of this agreement to Us and do not cancel the requested inspection then You agree that You have read and understand the contents of this agreement and that We will carry out the inspection on the basis of this agreement and that We can rely on this agreement.

Note: Additional inspection requirements requested by You may incur additional expense in regard to the cost of the inspection.

Timber Pest Inspection Agreement

APPLICATION TERMS

OVERVIEW

1. These terms and conditions apply to all supplies of inspections and Reports by CTP Inspections Pty Limited (ACN 655 784 535) to You. These terms apply to the exclusion of all terms and conditions conflicting with or purporting to modify them, except where otherwise agreed in writing between Us and You.

2. In addition to the disclaimers and limitations outlined in these terms and conditions, each Report prepared under this agreement is also subject to the terms and conditions, disclaimers and limitations which may appear in the Report. It is important that You read the Report carefully in light of all these terms and conditions, disclaimers and limitations.

3. Where this agreement has been entered into on Your behalf by a legal representative such as a solicitor or conveyancer, it is assumed that the person entering into this agreement on Your behalf has also read and understood these agreement terms, has emailed You a copy and fully explained these terms.

4. These terms are binding upon the parties, as well as their spouses, heirs executors, administrators, assigns and representatives of any kind whatsoever.

ORDERS

5. Any order submitted by You to Us will be deemed to incorporate these terms. When You make an order for an inspection, You will be asked to enter the details of the Property to be inspected, your personal details, address, and the type of inspection service you would like us to perform. Before accepting your inspection order, we may request further verification or information from You.

INSPECTIONS

6. Inspections will be carried out in a proper, workmanlike and professional manner.

7. We may delegate the performance of the inspection to any contractor or subcontractors as We see fit. 

8. Special instructions: Any special instructions for any inspection are to be submitted in writing to Us before the commencement of the inspection. 

9. Inability to carry out inspection: If We are no longer able to provide the inspection service (in whole or part) to You, we will use all reasonable endeavours to notify You as soon as practicable and provide the reasons as to why the inspection (in whole or part) can no longer be provided.

10. In the case of Pre-purchase Timber Pest Inspections and all Timber Pest Inspections, the inspection will be in accord with the requirements of Australian Standard AS4349.3-2010 Inspection of buildings Part 3: Timber pest inspections. The purpose of the inspection is to provide advice about the condition of the Property concerning timber pest activity as outlined in the scope of this agreement. Timber Pest Inspections are recommended before You buy a Property.

11. In the case of Termite Inspections, the inspection will be carried out in accordance with AS3660.2-2000 Termite management Part 2: In and around existing buildings and structures.

12. A copy of the appropriate Standard with Appendices may be obtained from Rapid Solutions at Your cost by phoning (02) 4954 3655 or from Standards Australia on 1800 845 140. You warrant that You have been given reasonable opportunity to consider the relevant Australian Standards.

13. Pre-purchase inspections should be carried out to Australian Standard AS4349.3-2010 Inspection of Buildings Part 3: Timber Pest Inspections which includes inspection for termites, borers and fungal decay. Termite only inspections adhere Australian Standard AS3660.2 -2000 and are NOT recommended for pre-purchase inspections.

14. All inspections (whether in accordance with AS4349.3-2010 or AS 3660.2 -2000) will be a non-invasive visual inspection and will be limited to those areas and sections of the Property to which Reasonable Access is both available and permitted on the date and time of inspection.

15. The Inspector may use a probe or screwdriver to tap and sound some timbers and may use a sharp knife to carry out some splinter testing on structural timbers in the sub-floor and/or roof void. Splinter testing WILL NOT be carried out where the inspection is being carried out for You as a purchaser and not the owner of the Property being inspected. The Inspector may use a moisture meter to check moisture levels in walls that back onto wet areas such as showers etc. Other than these areas the moisture meter will not be used on other surfaces except where the visual inspection indicates that there may be a need to further test the area.

16. 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.

17. The Inspector CANNOT see or inspect inside walls, between floors, inside skillion roofing, inside the eaves, behind stored goods in cupboards, in other areas that are concealed or obstructed. Insulation in the roof void may conceal the ceiling timbers and make inspection of the area unsafe. The Inspector WILL NOT dig, gouge, force or perform any other invasive procedures. An invasive inspection will not be performed unless a separate contract is entered into.

18. If the Property to be inspected is occupied then You should be aware that furnishings or household items may be concealing evidence of timber pests, which may only be revealed when the items are moved or removed. In some case the concealment may be deliberate. If You are the purchaser and not the owner of the property to be inspected, then You should obtain a statement from the owner as to any timber pest activity or damage to the Property known to them and what, if any, treatments have been carried out to the Property. It is important to obtain copies of any paperwork issued and the details of any repairs carried out. Ideally the information obtained should be given to the Inspector prior to the inspection being conducted.

SCOPE OF THE INSPECTION & REPORT

TIMBER PEST INSPECTION

19. In the case of Pre-purchase Timber Pest Inspections or Timber Pest Inspections in accordance with AS4349.3-2010, the inspection and resulting Report will include (as at the date of inspection) our assessment of:

  • the temperature and temperature variations (if any) of the visible areas of the Property we can gain Reasonable Access, through the use of a non-invasive thermal digital camera
  • the discovery or non-discovery of infestation, or damage caused by subterranean and dampwood termites (white ants), borers of seasoned timber and wood decay fungi (rot).

20. You acknowledge that various factors, including obstructions, ambient temperature, wall material and wall thickness, may hamper or impede the reading available by any thermal digital camera used by Us. If Our ability to use a thermal digital camera on any surface is restricted, a proper thermal reading will not be possible and that part of the inspection will be removed from the scope of the Timber Pest Inspection.

21. Systems and components to be inspected with a thermal imaging camera may include, but are not limited to:

  • Building areas where temperatures are consistent with the presence of moisture and elevated temperature levels
  • Roofing
  • Plumbing
  • Bathroom and kitchen
  • Subfloor and crawlspace and/or a survey that includes evaluation for areas where temperatures are consistent with missing, non-uniformly distributed, marginal, or wet thermal insulation.
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TERMITE INSPECTIONS

22. In the case of all Termite Inspections in accordance with AS3660.2-2000, the resulting Report will include (as at the date of inspection) Our assessment of:

  • the discovery, or non-discovery, of infestation, and/or
  • damage caused by subterranean and dampwood termites (white ants).

23. Our Report will not identify any of the following:

  • dry wood termites (family: Kalotermitidae);
  • European house borer (Hylotrupes bujulus Linnaeus)
  • the extent of any timber damage
  • the presence of any pests (other than subterranean and dampwood termites (white ants).

24. You agree that neither We nor the Inspector conducting the inspection is responsible or liable for the repair of any damage resulting from timber pest activity, irrespective of whether this is disclosed in the Report. Where there is concealed damage, an invasive timber pest inspection (for which a separate contract is required) may need to be carried out.

  •  

25. Where evidence of a treatment is reported, You should assume that the treatment was applied as a curative and not as a preventative measure. You should obtain a statement from the owner of the Property as to any treatments that have been carried out to the Property. It is imperative that You obtain any copies of paperwork issued.

26. MOULD (MILDEW) AND NON-WOOD DECAY FUNGI DISCLAIMER: Mildew and non-wood decay fungi are commonly known as Mould and is not considered a Timber Pest but may be an indicator of poor ventilation or the presence of termites, wood decay or water leaks. Mould and their spores may cause health problems or allergic reactions such as asthma and dermatitis in some people. No inspection or Report will be made for mould (mildew) and non­-wood decay fungi. You accept full responsibility and liability for any injuries sustained directly or indirectly by an Inspector, as a result of contamination. 

27. The Inspector attending the Property is the only person who can determine, at the time of inspection, what restrictions may inhibit Our ability to perform the inspection.

28. The Report may include photographs and images. These are provided as a courtesy, to help clarify the condition of the timber components at the time of inspection. Not all problem areas, infestations or conditions will be supported by photos.

METHAMPHETAMINE INSPECTIONS

29. In the case of Methamphetamine Inspections, the resulting Report will include (as at the date of inspection) Our assessment of methamphetamine contamination. Specifically, testing is designed to provide You with instant positive or negative result for the presence of methamphetamine on internal walls, fixtures, or horizontal surfaces as specified by You prior to an inspection. This Report is valid for 30 days from the date of inspection.

30. Testing to be undertaken includes a Rapid Test, which usually produces results on site within 5 minutes and 98% accuracy for levels of contamination at 0.5 Micrograms per 100cm2or greater – which is the threshold specified in the Clandestine Drug Laboratory Remediation Guidelines (Australian Crime Commission 2011).

31. If the initial Rapid Test is found to be positive, you may ask Us to undertake, at additional cost, a further Lab NIOSH 9111 Test swab which is sent to a NATA lab. NATA will test for exact levels of contamination and if any pre-cursors are present indicative of methamphetamine manufacture. This will determine the extent of cleaning required to make the Property safe and inhabitable. The ordering of a Lab NIOSH 9111 Test is entirely at your discretion. The production of a NATA lab report may take between 3-8 days to be returned from a NATA approved Australian laboratory.

32. If You choose to order a Methamphetamine Inspection as part of a pre-purchase Report, then it will be up to You alone to request any time extensions that may be required from the vendor of the Property, based on any potential time delays for lab results.

33. Our Report will not include an assessment of the following:

  • building fixtures such as curtains, carpet or appliances
  • personal belongings, stored items and property belonging to the Property occupants (unless expressly agreed to in writing by You and Us)
  • anything in the external environment

34. You acknowledge that it is impossible to test all areas and surfaces on Your Property. You further acknowledge that this is a non-invasive inspection, meaning that the Inspector will not dismantle or unscrew fixtures without Your consent.

CANCELLATIONS

35. You may cancel an inspection at any time, by sending Us written notice, before 3:00pm (AEST) on the Business Day before a scheduled inspection. If You cancel an inspection in accordance with this clause, a full refund will be provided to Your nominated bank account. Your refund will usually be processed within 5-7 Business Days.

36. If You cancel an inspection after 3:00pm (AEST) on the Business Day before a scheduled inspection, a cancellation fee of $300 will be charged. This amount is a genuine pre-estimate of the loss We will suffer as a result of the cancellation. Our invoice for this cancellation fee will be issued at the time of cancellation, with payment due within 7 days after the date of invoice.

LIMITATIONS

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

38. Nothing contained in the Report will imply that any inaccessible or partly inaccessible area(s) or section(s) of the Property are not, or have not been, infested by termites or timber pests, or are, or have not been contaminated by methamphetamine. Accordingly, the Report will not guarantee that an infestation, contamination and/or damage does not exist in any inaccessible or partly inaccessible areas or sections of the Property. Nor can it guarantee that future infestation of timber pests, or contamination will not occur or be found.

39. If the Property to be inspected is occupied then You must be aware that furnishings or household items may be concealing evidence of problems, which may only be revealed when the items are moved or removed.

40. You agree that We do not accept any liability for Our failure to report any infestation, contamination or damage that was concealed by the owner of the building being inspected and You agree to indemnify Us for any failure to find such concealed infestation, contamination or damage. Where Our Report recommends another type of inspection including an invasive inspection and Report, then You should have such an inspection carried out. If You fail to follow Our recommendations, then You agree and accept that You may suffer financial loss and indemnify Us against all losses that You incur resulting from Your failure to act on Our advice.

DETERMINING EXTENT OF DAMAGE

41. The Report will not and cannot state the extent of any timber pest damage. If any evidence of timber pest activity and/or damage resulting from timber pest activity is reported either in the structure(s) or the grounds of the Property, then You must assume that there may be some structural or concealed damage within the building(s). An invasive Timber Pest Inspection (for which a separate contract is required) should be carried out and You should arrange for a qualified person such as a builder, engineer, or architect to carry out a structural inspection and to determine the full extent of the damage and the extent of repairs that may be required.

42. If timber pest activity and/or damage are found, within the structures or the grounds of the Property, then damage may exist in concealed areas, e.g. framing timbers: In this case an invasive inspection is strongly recommended. Damage may only be found when wall linings, cladding or insulation are removed to reveal previously concealed timber. You agree that neither We nor the Inspector conducting the inspection is responsible or liable for the repair of any damage whether disclosed by the Report or not.

PRICE & PAYMENT

43. Prices for each of the inspections are subject to a quotation and will vary depending on the nature of the Property and the type of inspection selected.

44. Inspection requirements requested by You may incur an additional expense concerning the cost of any inspection. Our usual pricing is subject to change from time to time.

45. In any event, the price of the inspection will be as agreed between the parties and, where there is no written confirmation of the price, the price will be the reasonable amount indicated on an invoice provided by Us to You in respect of the inspection ordered.

46. Quotations are indicative only and are based on the type and quantities of inspection specified in a quotation and prices current at the date of the quotation.

47. We may issue an amended quotation or invoice if it contains a genuine error on Our part.

48. A service fee sufficient to cover our administration and banking costs may be added by Us to the price where You pay us by credit card or where any cheque payment is returned unpaid by the bank for any reason.

49. Any discount or rebate will only apply if both parties agree in writing.

50. We will issue Our invoice for inspections to be performed with payment due prior to the commencement of the ordered inspection.

51. If You dispute any invoiced amount, You must:

  • pay Us in writing of the grounds of the dispute within 14 days after the date of the relevant invoice
  • pay the amount (if any) which is not disputed.

52. We will investigate all disputes. If the disputed amount is found by Us to be payable (in whole or in part), You must pay the due amount within seven days after receiving notice of the amount payable by you (including the basis of our decision) from Us.  Invoiced amounts that are not disputed in writing within 14 days after the date of the relevant invoice will be deemed to be correctly charged and accepted by You and You will be liable to pay those amounts in accordance with these terms.

53. If You don’t make payment of any correctly rendered invoice by the due date, then:

  • all money that You owe to Us becomes immediately payable;
  • We may suspend any inspections in progress and/or cancel any orders in existence (without prejudice to any other rights or remedies we may have);
  • we may charge interest at the cash target rate published by the Reserve Bank of Australia plus a margin of 6% per annum, commencing on the day after the due date for payment and ending on the date when payment is received by Us; and
  • you must reimburse and indemnify us for and against all expenses, costs and disbursements incurred by us in pursuing the debt or a claim under these terms including the fees charged to us by any mercantile agency.

54. A certificate of debt signed by one of our representatives will be prima facie evidence and proof of money owed by you to us at the time of certificate, except in the case of manifest error.

COMPLAINTS PROCEDURE

55. In the event of any complaint, dispute or claim arising out of, or relating to the Inspection or the Report, You must first notify the Inspector who inspected the Property to resolve these. If the issue is not resolved, You must notify Us as soon as possible of the dispute or claim by email, fax or mail. You must allow Us (which includes Persons nominated by Us) to visit the Property (which visit must occur within 28 days of your notification to Us) and give Us full access in order that We may fully investigate the complaint. You will be provided with a written response to your dispute or claim within 28 days of the date of the inspection.

56. If you are not satisfied with our response You must within 21 days of Your receipt of Our written response refer the matter to a Mediator nominated by Us from the Institute of Arbitrators and Mediators of Australia. The cost of the Mediator will be borne equally by both parties or as agreed as part of the mediated settlement.

57. In the event You do not comply with the above complaints procedure and commence litigation against Us then You agree to fully indemnify Us against any awards, costs, legal fees and expenses incurred by Us in having Your litigation set aside or adjourned to permit the foregoing complaints procedure to complete.

LIMITATION OF LIABILITY

58. Our liability to You or any third party for breach of these terms, negligence or other tort, breach of statutory duty, or under any indemnity or otherwise, is limited to, at our option to the re-supply of the relevant inspections and/or Reports or the cost of the re-supply of the relevant inspections and/or Reports. We are not liable to you or any third party for any special, indirect, consequential, punitive, exemplary or unforeseeable loss, or any loss of profits or business interruption or any similar loss arising in connection with these terms, our inspections or any Reports provided by us.

THIRD PARTIES

PROHIBITION ON THE PROVISION OR SALE OF THE REPORT

59. The Report is provided for your exclusive use and is not to be sold or provided to any other Person without Our express written consent, unless you are authorised to do so by legislation. If We give our consent it may be subject to conditions such as payment of a further fee by the other Person and agreement from the other Person to comply with this clause. However, We may sell the Report to any other Person although there is no obligation for Us to do so.

60. Compensation will only be payable for losses arising in contract or tort sustained by the Client named on the front of the relevant Report. Any third party acting or relying on the Report, in whole or in part, does so entirely at their own risk. However, if ordered by a real estate agent or a vendor for the purpose of auctioning a Property then the inspection Report may be ordered up to seven days prior to the auction, copies may be given out prior to the auction and the Report will have a life of 14 days during which time it may be transferred to the purchaser. Providing the purchaser agrees to the terms of this agreement then they may rely on the Report subject to the terms and conditions of this agreement and the Report itself.

61. Note: In the ACT under the Civil Law (Sale of Residential Property) Act 2003 and Regulations the report resulting from this inspection may be passed to the purchaser as part of the sale process providing it is carried out not more than three months prior to listing and is not more than six months old.

RELEASE

62. You release Us from any and all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of whatever nature that the Person may have at any time hereafter arising from the unauthorised provision or sale of the Report by You to a Person without Our express written consent.

INDEMNITY

63. You indemnify Us in respect of any and all liability, including all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of any nature, which may be incurred by, brought , made or recovered against Us arising directly or indirectly from the unauthorised provision or sale of the Report by You to a Person without Our express written consent.

INTELLECTUAL PROPERTY

64. You agree that:

  • We own and retain, and You must not assert any right of any kind to any Intellectual Property Rights in respect of the inspections and Our Reports; and
  • nothing in these Terms transfers any Intellectual Property Rights to You or confers any licence to use any Intellectual Property Rights.

65. You indemnify Us and keep Us indemnified against all claims, demands, loss, costs and expenses incurred by or made against Us, arising out of any actual or alleged infringements of Intellectual Property Rights relating to any logo, design or other material that We use, print or reproduce at your request.

PRIVACY

66. We collect, use, store and disclose personal information in accordance with our obligations under the Australian Privacy Principles.

MISCELLANEOUS

VARIATIONS

67. We may amend these terms from time to time. Amendments will be effective immediately following publication of the amended terms on our website.  The amended terms will apply to any new orders accepted by Us from the date on which the amended terms are published.

68. You should check the terms each time you place an order with Us to ensure that You understand the requirements of the current terms. If You object to the amended terms, Your only remedy, other than any remedy which cannot be excluded by law, is to stop ordering any inspections from Us.

APPLICABLE LAW

69. These terms are governed by the law of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts in New South Wales in connection with matters concerning these terms and any connected agreement.

SEVERABILITY

70. Any term within this agreement that is deemed invalid, is only invalid to the extent specified in the relevant jurisdiction. It does not invalidate any other term of this agreement. If terms are found to be invalid and are severed from this agreement, the agreement and its surviving terms are not invalidated.

SET OFF AND ASSIGNMENT

71. You are not entitled to set off against or deduct from the price of inspections and/or Report provided any sums owed or claimed to be owed by Us to You.

72. You must not assign or subcontract any of Your rights or obligations under these terms (or a connected agreement).

73. We may, at any time, novate, assign or transfer part or all of Our rights and obligations under these Terms to any third party and, to the extent required. You consent to the novation, assignment or transfer and agree to enter into a novation, assignment or transfer agreement on terms specified by Us.

FORCE MAJEURE

74. We will have no liability to You in relation to any loss, damage or expense caused by Our failure to complete an inspection order or contract as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lock out, war, pandemic and government restrictions or order, or the inability of Our suppliers to supply necessary materials or any other matter beyond Our control.

DEFINITIONS

You should read and understand the following definitions of words used in this agreement and the Report. This will help You understand what is involved in a Timber Pest Inspection or a Termite Inspection, the difficulties faced by an inspector and the contents of the Report with which We will provide You following the inspection.

Access hole means a hole in the structure allowing entry to an area.

Active means live timber pests were sighted during the inspection.

Business Day means a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales.

Client means the person(s) who requests the report. If ordered by the client’s Agent then it is agreed that the Agent represents the client and has the authority to act for and on behalf of the client.

High moisture readings means a reading on a moisture meter that is higher that the norm for other parts of the structure. Such high reading should be investigated by invasive means as the presence could indicate a leak or may indicate timber pest activity and damage.

Inactive means that no active (see definition above) timber pests were detected but evidence such as workings, damage, mudding or exit holes is found at the time of the inspection.

Inspector means the company, partnership or individual named in the Report who carried out the inspection requested by You.

Insolvency Event means if a party enters into bankruptcy, provisional liquidation, liquidation, receivership, receiver and managership, voluntary administration or if a controller (as defined in the Corporations Act 2001 (Cth)) is appointed to a party or if a mortgagee takes possession of any assets of a party whether by itself or by an agent or if a party ceases to trade or is unable to pay its debts as they fall due or if a party makes a compromise with its creditors or enters into a scheme of arrangement.

Intellectual Property Rights means all present and future intellectual, industrial or proprietary rights conferred by statute, at common law or in equity anywhere in the world, whether issued or pending, registered or unregistered, including all forms of copyright, patents, trade marks, designs, trade secrets, know-how, confidential information and circuit layouts.

NOTE: Where visual evidence of inactive termite workings and/or damage is located, it is possible that termites may still be active in the immediate vicinity and the termites may continue to cause further damage. It is not possible, without benefit of further investigation and inspections over a period of time, to ascertain whether any infestation is active or inactive. Continued, regular, inspections are essential.

Property means the structures, gardens, trees, fences etc up to thirty (30) metres from the exterior walls of the main building but within the boundaries of the land on which the main building is erected. Unless You specifically order in writing that structures, gardens, trees and fences etc outside the thirty (30) metres from the exterior walls of the main building be inspected no such inspection will be carried out.

Reasonable Access means only areas to which reasonable access is available are inspected. The Australian Standard AS 3660 refers to AS4349.3-2010 which defines reasonable access. Access will not be available where there are safety concerns, or obstructions, or the space available is less than the following:

Roof Void – the dimensions of the access hole should be at least 500mm x 400mm and reachable by 3.6 M ladder, and there is at least 600mm x 600mm of space to crawl;

Roof Exterior – must be accessible by a 3.6M ladder placed on the ground;

Subfloor – Access is normally not available where dimensions are less than 500mm x 400mm for the access hole and less than 400mm of crawl space beneath the lowest bearer, or, less than 500mm beneath the lowest part of any concrete floor;

The Inspector shall determine whether access is safe. The Inspector will take into account conditions existing on the Property at the time of the inspection. Safe access is subject to sufficient space being available  in and around confined areas. If the inspector reasonably believes that hazardous mould, inadequate ventilation or water pooling may exist, access is deemed to be unsafe.

Reasonable access does not include the use of destructive or invasive inspection methods. Nor does reasonable access include cutting or making access traps, or moving heavy furniture or stored goods.

Report means the report issued to You by Us following Our inspection of the property.

Termites means subterranean and dampwood termites (white ants) and does not include Dry wood termites.

Our/Us/We means the company, partnership or individual named below that You have requested to carry out a timber pest or termite inspection  and report.

You/Your means the party identified as the Client on the face page of this agreement, and where more than one party all such parties jointly and severally, together with any agent of that party.

You agree that in signing this agreement (physically or Electronically by clicking/or replying I agree). You have read and understand the contents of this agreement and that the inspection will be carried out in accordance with this document. You agree to pay for the inspection before delivery of the Report.

If You fail to sign and return a copy of this agreement to Us and do not cancel the requested inspection then You agree that You have read and understand the contents of this agreement and that We will carry out the inspection on the basis of this agreement and that We can rely on this agreement.

Note: Additional inspection requirements requested by You may incur additional expense in regard to the cost of the inspection.

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