Terms and conditions
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Engagement
1. This agreement is between the building consultant (“Inspector”) and the person or company listed in Schedule 1 (“Client”) . You have requested the Inspector to carry out an inspection of the property listed in Schedule 2, for the purpose of preparing a Standard Property Report (“Report”) to you outlining their findings and recommendation from the inspection.
2. The purpose of the inspection is to provide the Client with an overview of the Inspector’s findings at the time of the inspection and advice as to the nature and extent of their findings.
3. This Report has been prepared at the direction of and exclusively for the Client. Details contained within this Report are tailored to the Pre-Inspection Agreement between the Inspector and the Client at the time of the Inspection and no other party can rely on the Report nor is the Report intended for any other party.
4. This Report is not a Guarantee but is provided in accordance with the Building Act 1993 (Vic) and any other relevant Act, regulations, and codes.
Outline of Inspection
5. The Report, unless the agreement provides otherwise, will be a visual inspection. All other reports are considered Special- Purpose Inspection Reports.
Scope of the Report
6. This Report is limited to the findings of the Inspector at the time of the inspection and any condition of the property which is not within the scope as set out herein or which occurs after the inspection is expressly excluded from this Report.
7. This Report expressly addresses only the following discernible to the Inspector at the time of inspection:
(a) Major Defects in the condition of Primary Elements including Structural Damage and Conditions Conducive to
Structural Damage;
(b) any Major Defect in the condition of Secondary Elements and Finishing Elements and collective (but not individual) Minor Defects; and
(c) any Serious Safety Hazard.
8. This Report is limited to the observations and conclusions of the Inspector that were readily observable at the building or site and given the state of property at the time of the Inspection and does not disclose defects which have not yet arisen. It is based on a visual examination of surface works (excluding furniture and stored items), and the carrying our of Tests.
9. This Report does not include the inspection and assessment of items or matters that are beyond the Inspectors direct expertise.
Inspection Limitations
10. The Inspection is limited to Readily Accessible Areas of the Building & Site based on the Inspector’s visual examination of surface work (excluding furniture and stored items) and the carrying out of Tests.
11. Where the Inspection is carried out on a strata or company title property, the Inspection is limited to the interior and the immediate exterior of the residence inspected. The Inspection does not extend to common property areas and the Inspector will not inspect common property areas unless specifically nominated.
12. This Report does not include the inspection and assessment of items or matters outside the scope of the requested inspection and report. Other items may be subject of report, which is adequately specified and agreed upon by the Client and the Inspector.
13. The Inspector’s findings do not extend to matters where the Inspector was restricted or prevented from assessing the building or site as a result of:
(a) possible concealment of defects, including but not limited to, defects concealed by lack of accessibility, obstructions such as furniture, wall linings and floor coverings, or by applied finishes such as render and paint;
(b) undetectable or latent defects, including but not limited to, defects that may not be apparent at the time of inspection due to seasonal changes, recent or prevailing weather conditions, and whether or not services have been used some time prior to the inspection being carried out; and
(c) areas of the building or site that were obstructed at the time of the inspection or not Readily Accessible Areas of the Building Site. An obstruction may include a condition or physical limitation which inhibits or prevents inspection and may include – but are not limited to – roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements or earth.
Exclusions
14. This Report does not consider or deal with the following:
(a) any individual Minor Defect;
(b) solving or providing costs for any rectification or repair work;
(c) the structural design or adequacy of any element of construction;
(d) detection of wood destroying insects such as termites and wood borers;
(e) the operation of fireplaces and chimneys;
(f) any services including building, engineering (electronic), fire and smoke detection or mechanical;
(g) lighting or energy efficiency;
(h) any swimming pools and associated pool equipment or spa baths and spa equipment or the like;
(i) any appliances or white goods including dishwashers, refrigerators, ovens, stoves and ducted vacuum systems;
(j) a review of occupational, health or safety issues such as asbestos content, the provision of safety glass or the
use of lead based paints;
(k) a review of environmental or health or biological risks including but not limited to toxic mould, asbestos content or presence thereof, allergies, soil toxicity, lead content, radon or urea formaldehyde;
(l) whether the building complies with the provisions of any building Act, code, regulation(s) or by-laws;
(m) whether the ground on which the building rests has been filled, is liable to subside, swell or shrink, is subject to
landslip or tidal inundation, or if it is flood prone;
(n) comment on any material containing asbestos;
(o) concealed plumbing;
(p) insulation, sarking;
(q) gas fittings and fixtures;
(r) any air-conditioning systems including ducted or split systems;
(s) solar panels or associates equipment; and
(t) in the case of strata and company title properties, the inspection of common property areas or strata/company records.
15. Should the Client seek information from the Inspector related to one of exclusions above, that information is to be provided by way of a Special-Purpose Inspection Report which is adequately specified and must be undertaken by an appropriately qualified inspector. Additional information requested by the Client is not included in this Report.
Destructive Testing
16. The Inspector may carry out Destructive Testing if required and if agreed by the Client.
17. The Client acknowledges that if Destructive Testing is carried out, there is a risk of physical damage to the property and must sign a Destructive Investigation Waiver consenting for Destructive Testing to be carried out by the Inspector.
Workplace Safety
18. The Client warrants to the Inspector (including the Inspector’s, agents, employees and other personnel) that the Building Site is, to the Client’s reasonable knowledge, safe and free of hazardous materials and that no party of the Building site constitutes a dangerous environment or work place safety concern.
Acceptance Criteria
19. The Inspector may compare the building being inspected with a similar building, unless specified otherwise in the Special Conditions or Instructions. The similar building which the Inspector may compare the current building to was, to the best of the Inspector’s knowledge, constructed in accordance with ordinary building construction and maintenance practices at the time of construction and as such has not encountered significant loss or of strength or serviceability.
20. The Inspector assumes in their Report that the existing use of the building or site will continue unless specified otherwise in the Special Conditions or Instructions.
Limited Liability
21. This Report is made solely for the use and benefit of the Client. The Inspector is not liable for any reliance placed on this report by any third party.
22. The Client may rely on this report for 90 days from the date of inspection in respect of the state of the property at the time of the inspection. Beyond this time frame, the Report is no longer valid and the Inspector is not liable for any reliance placed on this report by the Client or any other persons, after this date.
23. No liability shall be accepted on an account of failure of the Report to notify any problems in the area(s) or section(s) of the subject property physically inaccessible for inspection, or to which access for inspection is denied by or to the Inspector .
24. The Client agrees to indemnify the Inspector from any and all claims, demands, damages, or causes of action arising from the Destructive Testing of the home, including but not limited to any damages or destruction to the home, personal injury or death.
Acknowledgments
25. The Client Acknowledges that contents of the Report is subject to the Scope of the Report, Inspection Limitations, Exclusions and Acceptance Criteria. This Report does not include recommendations or advice about matters outside the scope of the requested inspection.
26. Should the Client have any queries or concerns about the purposes, scope or acceptance criteria on which this Report was prepared, all enquiries or concerns are to be discussed with the Inspector within a reasonable time upon receipt of this report.
27. The Client acknowledges that they will take all reasonable steps to implement any recommendation or advice provided by the Inspector in their Report as a matter of urgency specified otherwise.
28. Any further discussions the Inspector following the production of this Report addressing concerns will not be reflected in this Report and as such the Report may not contain all advice or information related to the building or site provided by the Inspector.
29. The Client acknowledges that a visual only inspection restricts the Inspectors capacity to inspect the building or site thoroughly and is not recommended by the Inspector unless an inspection of the Readily Accessible Areas and appropriate tests are also carried out.
30. The Client Acknowledges that in accordance with the Australian Standard AS4349.0 2007 Inspection of Buildings, this Report does not warrant or give insurance that the building or site from developing issues following the date of inspection.
Definitions
31. Building & Site: The inspection of the nominated property together with relevant features including any car accommodation, detached laundry, ablution facilities and garden sheds, retaining walls more than 700 mm high, paths and driveways, steps, fencing, earth, embarkments, surface water drainage and storm water run-off within 30 m of the building, but within the property boundaries. In the case of strata and company title properties, the inspection is limited to the interior and immediate exterior of the nominated property and does not include inspection of common property, unless specifically nominated.
32. Client: The person or persons, for whom the Report was carried out for.
33. Destructive Testing: Performance of a destructive investigation of the property, which may involve removing certain building components for further examination and analysis.
34. Finishing Elements: The Fixtures, fittings and finishings applied or affixed to Primary Elements and Secondary Elements such as baths, water closets, vanity basins, kitchen cupboards, door furniture, window hardware, render, floor, and wall tiles, trim or paint. The term ‘Finishing Elements’ does not include furniture or soft floor coverings such as carpet and lino.
35. Inspector: A person who is qualified and experienced to undertake inspections in accordance with the Australian Standard AS 4349.1-2007 ‘Inspection of Buildings’. The inspector must also meet any Government licencing requirement, where applicable.
36. Major Defect: A defect of significant magnitude where rectification has to be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the property.
37. Minor Defect: A defect other than a Major Defect.
38. Primary Elements: Those parts of the building providing the basic loadbearing capacity to the Structure, such as foundations, footings, floor framing, loadbearing walls, beams, or colums. The term ‘Primary Elements’ also includes other structural building elements including those that provide a level of personal protections such as handrails; floor-to-floor access such as stairways; and the structural flooring of the building such as floorboards.
39. Readily Accessible Areas: Areas which can be easily and safely inspected without injury to person or property, are up to 3.6 metres above ground or floor levels or accessible from a 3.6 metre ladder, in roof spaces where the minimum are of accessibility is not less than 600 mm high by 600 mm wide and subfloor spaces where the minimum area of accessibility is not less than 400 mm high by 600 mm wide, providing the spaces or areas permit entry. Or where these clearances are not available, areas within the Inspector’s unobstructed line of sight and within arm’s length.
40. Safety Hazard: Any item that may constitute an immediate or imminent risk to life, health or property, occupational, health and safety or any other consequence of these hazards has not been assessed.
41. Secondary Elements: Those parts of the building not providing loadbearing capacity to the Structure, or those non-essential elements which, in the main, perform a completion role around openings in Primary Elements and and the building in general such as non-loadbearing walls, partitions, wall linings, ceilings, chimneys, flashings, windows, glazing or doors.
42. Special-Purpose Report: caried out when there is a specific concern about the property and used to identify specific defect or extent of an issue within the property.
43. Structure: The loadbearing part of the building, comprising the Primary Elements.
44. Tests: Where appropriate the carrying out of tests using the following procedures and instruments:
(a) Dampness Tests means additional attention to the visual examination was given to those accessible areas which the inspector’s experience has shown to be particularly susceptible to damp problems.
(b)Instrument testing using electronic moisture detecting meter of those areas and other visible accessible elements of construction showing evidence of dampness was performed.
(c)Physical Tests means the following physical actions undertaken by the Inspector: opening and shutting of doors, windows and draws; operation of taps; water testing of shower recesses; and the tapping of tiles and wall plaster.