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PRE-PURCHASE BUILDING INSPECTION AGREEMENT

Pre-Purchase Building inspection Scope of Works & Agreement to comply with the current Australian Standard AS4349. 1 – 2007. And AS4349.0-2007

The following document will need to be read & agreed to, also find a description (scope of works) of items covered under this code.

TYPE OF PROPOSED INSPECTION ORDERED BY YOU: Inspection & Report: The inspection will be of the Building Elements as outlined in Appendix C of AS4349.1-2007 or AS4349.0-2007 as ordered by You except for Strata title properties where the inspection will be according to Appendix B of AS4349.1-2007.

This inspection agreement needs to be signed (Physically or Electronically) prior to carrying out the “Pre-purchase Building Inspection”, as per Australian Standard AS4349.1- 2007. And AS4349.0-2007

IMPORTANT:  WHEN ORDERING A BUILDING INSPECTION ONLY IN ACCORDANCE WITH AS 4349.1 – 2007, PLEASE NOTE THAT NOTIMBER TESTING, TAPPING, PROBING OF ALL VISIBLE ACCESSIBLE TIMBERS WILL BE CONDUCTED.  MOISTURE DETECTION EQUIPMENT WILL ONLY BE USED TO DETECT MOISTURE LEVELS THAT INDICATE RISING DAMP OR LEAKS AND NOT FOR THE PURPOSE OF DETECTING TERMITES, TERMITE NESTS OR ANY TERMITE INFESTATION. WE STRONGLY RECOMMEND YOU ENGAGE A QUALIFIED PEST INSPECTOR TO CONDUCT A PRE-PURCHASE TIMBER PEST INSPECTION AND REPORT IN ACCORDANCE WITH 4349.3 – 2010.

IN ACCEPTING THIS AGREEMENT FOR A BUILDING INSPECTION ONLY YOU AGREE THAT ABC BUILDING INSPECTIONS AUST PTY LTD AND ITS EMPLOYEES AND OR CONTRACTORS CANNOT AND WILL NOTBE HELD LIABLE FOR ANY TERMITE INFESTATION OR DAMAGE SUBSEQUENTLY LOCATED AT THE PROPERTY.  

You must read these terms and conditions carefully as they relate to what we do and do not do for a Pre-Purchase Building Inspection (Scope of a Pre Purchase Building Inspections)

To avoid any misunderstanding as to the type of inspection we will carry out and as to the scope of the resulting report you should immediately read, sign this agreement to us. If you fail to sign this document (Physically or Electronically) and do not cancel the requested inspection then you agree that this document forms the agreement between you and us. We will carry out the inspection and report as ordered by you in accordance with this agreement and you agree to pay for the inspection and report on delivery of the report. 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. Upon receipt of the signed copy (Electronically or Written), we will carry out the inspection and report ordered by you in accordance with this agreement and you agree to pay for the inspection, as agreed.

THE AGREEMENT

TYPE OF PROPOSED INSPECTION ORDERED BY YOU:
The inspection will be of the Building Elements as outlined in Appendix C of AS4349.1-2007 or AS4349.0-2007 as ordered by You except for Strata title properties where the inspection will be according to Appendix B of AS4349.1-2007. This inspection agreement needs to be signed (Physically or Electronically) prior to carrying out the “Pre-purchase Building Inspection”, as per Australian Standard AS4349.1- 2007. And AS4349.0-2007.

  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 that this agreement may have been entered into on clients behalf by a legal representative acting on the client’s behalf or when the Client’s Solicitor or Conveyancer has ordered an inspection report.
    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). Where a Special Report (Non Pre Purchase Building report is required and ordered by the ”Client” the inspection and Report shall comply with AS4349.0. A copy of the appropriate Standard with Appendices may be obtained from Standards Australia at your cost. Standards Australia can be contacted on 1800 845 140. 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 only 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) That you knowledge that a visual only inspection may be of limited use to the you, as defects may exist in area not possible to access and inspect without invasive methods.
    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 Inspection will be carried out in accordance with AS4349.1-2007. The purpose of the inspection is to provide advice to a prospective purchaser regarding the condition of the property at the date and time of inspection. The report is not a guarantee that further defects may not present or appear in the future. 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 30 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 and Exclusions.
    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, household items, floor coverings, plants or soil or any other chattel or thing in order to access an Area.
    9. The Inspector will not conduct an inspection that is invasive and therefore cannot inspect: the inside of walls; between floors; behind any kitchen joinery, cupboards, wardrobes, and chattels; inside flat roofing; and/or inside any eaves. This is not an exhaustive list.
    10. The Inspector will not 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 will not 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 including but not limited to the following Footings below ground, Concealed damp-proof course, Electrical installations, operation of smoke detectors, light switches and fittings, TV, sound and communications and security systems, Concealed plumbing. Adequacy of roof drainage as installed, Gas fittings and fixtures, Air conditioning, Automatic garage door mechanisms, Swimming pools and associated filtration and similar equipment. The operation of fireplaces and solid fuel heaters including chimneys and flues, Alarm systems, Intercom systems, Soft floor coverings, Electrical appliances including dishwashers, incinerators, ovens, ducted vacuum systems, Paint coatings, except external protective coatings, Health hazards (e.g., allergies, soil toxicity, lead content, radon, presence of asbestos or urea formaldehyde), Timber and metal framing sizes and adequacy, Concealed tie-downs and bracing, Other mechanical or electrical equipment (such as gates, inclinators), Timber pest activity, Soil conditions, Control joints, Concealed framing-timbers or any areas concealed by wall linings/sidings, Landscaping, Sustainable development provisions, Floor Cover, Rubbish, Furniture and accessories, Stored Items, Insulation. Environmental matters (e.g., BASIX, water tanks, BCA Environmental Provisions), Energy efficiency, Lighting efficiency. © Standards Australia<
    i) any timber pest activity, pest infestation or damage caused by a pest infestation and/or anything pest related.
    j) No Inspection or comment to a matter outside the inspector’s expertise
    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.
    n) Whether the roof pitch/fall is adequate for drainage.
    0) Compliancy with any relevant building code or Act;
    p) Comment on any latent structural defect; and
    q) 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.
    r) This report is not a Swimming pool Safety report and the report will not include comment on statutory pool safety requirements or compliance.                                                                                                                                                  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 and rood 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, 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:
AREAACCESS HOLE CRAWL SPACE HEIGHT
Roof Interior400 mm x 500 mmMin 600mm x 600mm From a 3.6m ladder off a level platform and only if it is safe to do so
Roof Exterior –From a 3.6m ladder off a level platform and only if it is safe to do so
 SubfloorSubject to Inspector’s discretion as
to safe and reasonable access
Subject to Inspector’s discretion as
to safe and reasonable access
Subject to Inspector’s discretion as to safe and reasonable access

19. There may be further, unexpected limitations encountered by the Inspector, which can only be determined at the time of inspection.
Inspector’s Fee
20. 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.
a) Shower Recesses: Taps will be turned on in accord with AS4349.1-2007 to detect apparent leaks (if water is connected). The tests may not reveal leaks or show incorrect waterproofing if silicone liquid or masonry sealant has been applied prior to the inspection. Floor grading and fall ratios do not form part of this inspection and will not be reported on. We strongly recommendyou have this checked by a suitably qualified tradesperson prior to a decision to purchase.
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
31. In the event of any dispute or claim arising out of, or relating to the Inspection or the Report, 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 twenty eight (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 twenty eight (28) days of the date of the inspection. If you are not satisfied with our response you must within twenty one (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.
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.
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 it’s 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.
Prohibition on the Provision or Sale of the Report
37. The Report may not be sold or provided to any other Person without Our express written permission, unless the Client is authorised to do so by Legislation. If we give our permission 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.
Acknowledgement
38. You agree to contact the Inspector once you have read the report. 

By agreeing to this pre inspection agreement you confirm that You will read this Inspection Report in its entirety prior to purchasing the inspected property and agree to call, Text, SMS or email the Inspector if you have any further questions about this report.
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 organisation 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 do 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.
Note: In the ACT under the Civil Law (Sale of Residential Property) Act 2003 and Civil Law (Sale of Residential Property) Regulations 2004 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.
Very Important.
A VISUAL ONLY INSPECTION MAY BE OF LIMITED USE TO THE CLIENT OR POTENTIAL PURCHASER; A VISUAL INSPECTION OF A FULLY FURNISHED PROPERTY PLACES EVEN MORE RESTRICTIONS AND OBSTRUCTIONS. WE STRONGLY RECOMMEND AN INVASIVE INSPECTION WHEN POSSIBLE. WHERE THIS IS NOT POSSIBLE AN UNFURNISHED AND UNOBSTRUCTED PROPERTY MY PROVIDE MORE VISUAL ACCESS TO THE INSPECTOR.
WHEN ORDERING A BUILDING INSPECTION ONLY IN ACCORDANCE WITH AS 4349.1 – 2007, PLEASE NOTE THAT NO TIMBER TESTING, TAPPING, PROBING OF ALL VISIBLE ACCESSIBLE TIMBERS WILL BE CONDUCTED.  MOISTURE DETECTION EQUIPMENT WILL ONLY BE USED TO DETECT MOISTURE LEVELS, WHICH INDICATE RISING DAMP OR LEAKS AND NOT FOR THE PURPOSE OF DETECTING TERMITES, TERMITE NESTS OR ANY TERMITE INFESTATION. WE STRONGLY RECOMMEND YOU ENGAGE A QUALIFIED PEST INSPECTOR TO CONDUCT A PRE-PURCHASE TIMBER PEST INSPECTION AND REPORT IN ACCORDANCE WITH 4349.3 – 2010.
IN ACCEPTING THIS AGREEMENT FOR A BUILDING INSPECTION ONLY YOU AGREE THAT WE cannot AND WILL NOT BE HELD LIABLE FOR ANY TERMITE INFESTATION OR DAMAGE SUBSEQUENTLY LOCATED AT THE PROPERTY.
If there is anything in this agreement that you do not understand, then prior to the commencement of the inspection, you must contact us by phone or in person and have us explain and clarify the matter to your satisfaction. Your failure to contact us means that you have read this agreement and do fully understand the contents.

SPECIAL NOTE

lf You fail to agree to this agreement 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.

CANCELATION:

BOOKINGS THAT ARE CANCELLED 24 HRS FROM THE TIME OF BOOKING WILL INCUR A $115 CANCELLATION FEE, REGARDLESS OF THE REASON FOR CANCELLATION. CANCELLATION OF BOOKINGS AFTER 24 HRS OF BOOKING WILL RESULT IN $230 CANCELATION FEE.

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Pre-Purchase Timber Pest inspection Scope of Works & Agreement to comply with the current Australian Standard AS4349.3 & 1 – 2010

AS4349.3-2010 Pre-Purchase Timber Pest Inspection Agreement

To avoid any misunderstanding as to the type of inspection we will carry out and as to the scope of the resulting report you should immediately read, sign this agreement to us. If you fail to sign this document (Physically or Electronically) and do not cancel the requested inspection then you agree that this document forms the agreement between you and us. We will carry out the inspection and report as ordered by you in accordance with this agreement and you agree to pay for the inspection and report on delivery of the report. 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.

This inspection agreement needs to be signed (Physically or Electronically) prior to carrying out the “Pre-purchase Timber Pest Inspection”, as per Australian Standard AS4349.3.2010

Upon receipt of the signed copy (Electronically or Written), we will carry out the inspection and report ordered by you in accordance with this agreement and you agree to pay for the inspection, as agreed.
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.

INSPECTION

  1. 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 AS 4349.3-2010 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.
  2. In the case of Termite Inspections the inspection will be carried out in accord with AS 3660.2-2000 Termite management Part 2: In and around existing buildings and structures.
  3.  A copy of these Australian Standards may be obtained from Standards Australia (SAI Global) at Your cost by phoning 131 242
  4. Termite Inspections are not recommended for pre-purchase inspections. AS 3660.2-2000 states this and says that the standard that should be used is AS 4349.3- 2010. However, if you request only a Pre-purchase Termite Inspection then the inspection will be in accord with AS 3660.2-2000 and not AS 4349.3-2010
  5. All inspections (whether in accord with AS 4349.3-2010 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 (see definitions below) is both available and permitted on the date and time of Inspection.
  6. 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 a Client who is 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.
  7. 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.
  8. 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.
  9. 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
10. In the case of Pre-purchase Timber Pest Inspections or Timber Pest Inspections in accord with AS 4349.3- 2010 the Inspection and resulting Report will be confined to reporting on the discovery, or non discovery, of infestation and/or damage caused by subterranean and dampwood termites (white ants), borers of seasoned timber and wood decay fungi (rot), present on the date and time of the Inspection.
11. In the case of all Termite Inspections in accord with AS 3660.2-2000 inspections the Inspection and resulting Report will be confined to reporting on the discovery, or non discovery, of infestation and/or damage caused by subterranean and dampwood termites (white ants) present on the date and time of the Inspection. Borers of seasoned timber will not be reported on. Wood decay fungi (rot) will not be reported on but may be reported as a conducive condition for termite activity.
12. In both cases the Inspection will not cover any other pests and the Report will not comment on them. Drywood termites (Family: KALOTERMITIDAE) and European House Borer (Hylotrupes bujulus Linnaeus) will be excluded from the Inspection.
13. The inspection will report any evidence of a termite treatment that happens to be found. Where evidence of a treatment is reported then the Client should assume that the treatment was applied as a curative and not as a preventative. You should obtain a statement from the owner as to any treatments that have been carried out to the property. It is important to obtain copies of any paperwork issued.
14. MOULD: 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.

LIMITATIONS
15. 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. Accordingly the Report will not guarantee that an infestation and/or damage do not exist in any inaccessible or partly inaccessible areas or sections of the property. Nor can it guarantee that future infestation of Timber Pests will not occur or be found.
16. 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.
Where the Report says the property is occupied you agree to:
a) Obtain a statement from the owner as to
i. any Timber Pest activity or damage.
ii. Timber repairs or other repairs
iii. Alterations or other problems to the property known to them
iv. Any other work carried out to the property including Timber Pest treatments
v. obtain copies of any paperwork issued and the details of all work carried out
b) Indemnify the Inspector from any loss incurred by You relating to the items listed in clause a) above where no such statement is obtained.

DETERMINING EXTENT OF DAMAGE
17. 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.
18. 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 individual conducting the Inspection is responsible or liable for the repair of any damage whether disclosed by the report or not.

COMPLAINTS PROCEDURE
19. In the event of any dispute or claim arising out of, or relating to the Inspection or the Report, 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 twenty eight (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 twenty eight (28) days of the date of the
inspection. If you are not satisfied with our response you must within twenty one (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.

Should the dispute or claim not be resolved by mediation then the dispute or claim will proceed to arbitration.
The Institute of Arbitrators and Mediators of Australia will appoint an Arbitrator who will hear and resolve the dispute. The arbitration, subject to any directions of the Arbitrator, will proceed in the following manner:
(a) The parties must submit all written submissions and evidence to the Arbitrator within twenty one (21) days of the appointment of the Arbitrator; and
(b) The arbitration will be held within twenty one (21) days of the Arbitrator receiving the written submissions.

The Arbitrator will make a decision determining the dispute or claim within twenty one (21) of the final day of the arbitration. The Arbitrator may, as part of his determination, determine what costs, if any, each of the parties are to pay and the time by which the parties must be paid any settlement or costs.
The decision of the Arbitrator is final and binding on both parties. Should the Arbitrator order either party to pay any settlement amount or costs to the other party but not specify a time for payment then such payment shall be made within twenty one (21) days of the order.

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.

(c) In the event that a Refund is issued upon request, regardless of the reason. You agree that by requesting and or accepting a refund, no further action will be taken against US or our representatives, The refund is considered a settlement, without the admission of guilt and the report issued becomes void and can no longer be relied on.

THIRD PARTIES
Compensation will only be payable for losses arising in contract or tort sustained by the Client named on the front of this report. Any third party acting or relying on this Report, in whole or in part, does so entirely at his or her 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 (7) 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.
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.

Acknowledgement

You agree to contact the Inspector once you have read the report. 


By agreeing to this pre inspection agreement you confirm that You will read this Inspection Report in its entirety prior to purchasing the inspected property and agree to call, Text, SMS or email the Inspector if you have any further questions about this report.

DEFINITIONS
20. 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.
  • 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.

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) meters 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) meters 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 AS 4349.3-2010, 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
Sub-floor– 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 sufficient space is available to allow safe access to confined areas.
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 in the report 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.

UNDERSTANDING

  1. If there is anything in this agreement that you do not understand then, prior to the commencement of the inspection, you must contact us by phone or in person and have us explain and clarify the matter to your satisfaction. Your failure to contact us means that you have read this agreement and do fully understand the contents.

22.You agree that in Electronically signing this agreement 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 on delivery of the report.

  1. If you fail to sign and to 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.
  2. Note: Additional inspection requirements requested by you may incur additional expense in regard to the cost of the inspection.
  3. BOOKINGS THAT ARE CANCELLED 24 HRS FROM THE TIME OF BOOKING WILL INCUR A $115 CANCELLATION FEE, REGARDLESS OF THE REASON FOR CANCELLATION. CANCELLATION OF BOOKINGS AFTER 24 HRS OF BOOKING WILL RESULT IN $230 CANCELATION FEE.

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Strata Records Inspection 

1. A Strata Records Inspection is not a physical inspection of the building. All information in a Strata Records Inspection Report is obtained solely from the records provided at the time of the inspection.

2. The contents of the report are based upon an inspection of those Owners Corporation records available for a period of approximately four (4) years prior to the date of the report where available. Where relevant, information received in the course of conversation with officers of the Owners Corporation and/or the Managing Agent is included.

3. Whilst all reasonable care is taken in the production of the report, no guarantee of accuracy is offered or implied in respect of the information supplied to us at the time of inspection and no responsibility is accepted for any loss or damage whatsoever arising from inaccuracies contained in the information supplied to us at the time of inspection.

4. Procedures are followed to minimise the possibility of records not being made available for inspection. However, your attention is directed to the possibility that all of the Owners Corporation records may not be made available for inspection or, alternatively, that the records may not contain all of the information of interest to a Purchaser or Mortgagee. We can offer no assurances that the records made available are complete and it is always possible that other relevant records exist that are not inspected.

5. During the course of the subject inspection, no attempt is made to ascertain whether any Managing Agent has complied with the detailed accounting requirements of the Property, Stock and Business Agents Act 2002 or whether the prescribed accounting and prescribed financial statement requirements are being complied with by the Owners Corporation.

6. The report is issued to the named client and if that person is a solicitor or conveyancer, the client of that solicitor or conveyancer.

7. The report is provided solely for the benefit of the client named on the face of the report and no liability or responsibility whatsoever is accepted to any third party who may rely on the report wholly or in part. Any third party acting or relying on the report whether in whole or in part does so at their own risk.

8. The report may not be sold or provided to any other person without our express written permission, unless the client is authorised to do so by Legislation. If we give our permission 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.

This Document many not be copied or re-produced without prior written permission from the original, author/s

 

Copyright ABC Building Inspections
 
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