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Pre-Engagement Terms and Conditions

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Each property inspection requires a pre-engagement agreement to be accepted by the Report Purchaser, or a representative on their behalf, before the inspection can be booked and scheduled. The Report Purchaser will also be named on the face page of the Report. To ensure you are fully informed of the inspection procedure, the terms of service and the report inclusions and exclusions please read and acknowledge the information provided in this document.

The Website Terms and Conditions of Use here should also be read in conjunction with these terms before making your purchase.

Your decision to proceed with a purchase on this website indicates your understanding and acceptance of these Pre-Engagement Terms and Conditions, the Website Terms of Use, our Privacy Policy and our Disclaimer.

REPORT INDEMNITY

Aged Reports are Informational Only

The condition of a property can change markedly at any time due to factors not visible or present at the time of inspection. The possibility of damage or deterioration increases with time and for this reason a report is valid only on the day of inspection. Consequently, reports dated older than 30 days at the time of ordering are termed Aged Reports and provided as Informational Only Reports and are not covered by the Professional Indemnity schemes of the respective inspection providers. You acknowledge this and indemnify all parties for any liability whatsoever in purchasing an Informational Only Report.

Current Reports are Fully Insured

Reports dated less than 31 days old at the time of ordering are termed Current Reports and provided as Fully Insured Reports and are covered by the Professional Indemnity schemes of the inspection providers provided the condition has not deteriorated or altered due to factors not visible or present at the time of inspection. Current Reports provide the same warranties, assurances and legal protections provided to you as a Booked Inspection where a report is prepared pursuant to your order.

REPORT TYPES

The pre-engagement terms vary depending on the report type you require. You agree that in accepting this agreement, you have read and understand the contents of this agreement pertaining to your specific requirement and that the inspection will be carried out in accordance with this document.

Upon your acceptance of this agreement, we will carry out the inspection and prepare the report ordered by you in accordance with these terms and you agree to pay for the inspection and the report before delivery.

For non-Strata properties:

- For a Building Inspection, refer to Section 1

- For a Pest Inspection, refer to Section 2

- For a Pest & Building Inspection, refer to Sections 1 & 2

- For a Pool Inspection, refer to Section 3

- For a PropertySafe Inspection, refer to Section 4

For Strata properties: Note: For Strata Inspections an Authority to inspect the strata records (held by the Strata Manager) is required from the vendor or their solicitor.

- For a Building Inspection only refer to Section 1

- For a Strata Records Inspection only refer to Section 5

Section 1. Building Inspection Agreement

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 except for Strata title properties where the inspection will be according to Appendix B of AS4349.1-2007.

A copy of the appropriate Standard with Appendices may be obtained from Standards Australia (www.saiglobal.com/shop) at your cost.

Upon receipt of your acceptance of this agreement, the Building Inspection Provider service 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 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.

SCOPE OF THE INSPECTION & THE REPORT

The Inspection will be carried out in accordance with AS4349.1-2007. 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. The inspection and reporting is limited to Appendix C of AS4349.1-2007.

1. The report may 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 buildings of approximately the same age. Areas for Inspection shall cover all safe and accessible areas.

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

3. Subject to safe and reasonable access (See Definitions below) 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

4. 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.

5. 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.

LIMITATIONS

6. 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 (see Definitions below) 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 following the provision or reasonable entry and access.

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 Inspection and Report compares the inspected building with a building that was constructed in accordance with the generally accepted practice at the time of construction and which has been maintained such that there has been no significant loss of strength and permanence.

9. 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.

10. 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.

11. The Building Inspection WILL NOT look for or report on Timber Pest Activity. You should have an inspection carried out in accordance with AS 4349.3-2010 Timber Pest Inspections, by a fully qualified, licensed and insured Timber Pest Inspector.

12. If Timber Pest Damage is found then it will be reported. The inspector will only report on the damage which is visible.

13. ASBESTOS: 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 happened to be noticed then this may be noted in the general remarks section of the report. If asbestos is noted as present within the property then you agree to seek advice from a qualified asbestos removal expert as to the amount and importance of the asbestos present and the cost sealing or of removal.

14. MOULD (MILDEW) AND NON-WOOD DECAY FUNGI DISCLAIMER: No inspection or report will be made for Mould (Mildew) and non-wood decay fungi.

15. 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 work.

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:

- any Timber Pest activity or damage;

- timber repairs or other repairs;

- alterations or other problems to the property known to them;

- any other work carried out to the property including Timber Pest treatments;

- 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.

17. The Inspection Will not cover or report the items listed in Appendix D to AS4349.1-2007.

18. Where the property is a strata or similar title, the inspector will only inspect the interior and immediate exterior of the particular unit requested to be inspected as detailed in Appendix B in AS4349.1-2007. Therefore it is advised that the client obtain an inspection of common areas prior to any decision to purchase.

19. 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. Such defects may only become apparent in differing weather conditions.

20. You agree that We cannot accept any liability for Our failure to report a defect 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.

21. Where Our report recommends another type of inspection including an invasive inspection and report then You should have such an inspection carried out prior to the exchange of contracts or end of cooling-off period. If You fail to follow Our recommendations then You agree and accept that You may suffer a financial loss and indemnify Us against all losses that You incur resulting from Your failure to act on Our advice.

22. 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.

GENERALLY

23. In the event of a dispute or a claim arising out of, or relating to the inspection or the report, or any alleged negligent act, error or omission on Our part or on the part of the inspector conducting the inspection, either party may give written notice of the dispute or claim to the other party. If the dispute is not resolved within twenty one (21) days from the service of the written notice then either party may refer the dispute or claim to an independent mediator nominated by us. The cost shall be met equally by both parties or as agreed as part of the mediation settlement. Should the dispute or claim not be resolved by mediation then one or other of the parties may refer the dispute or claim to the Institute of Arbitrators and Mediators of Australia who will appoint an Arbitrator who will resolve the dispute by arbitration. The Arbitrator will also determine what costs each of the parties are to pay.

24. In the event any litigation is bought as a result of the inspection and/or report, you indemnify us against any legal fees and expenses incurred where you have not first allowed Us the opportunity to visit the property to investigate the complaint and provide you with a written response within 28 days.

25. Third Party Disclaimer

We will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any Person other than You in connection with the use of the Inspection Report provided pursuant to this agreement by that Person for any purpose or in any way, including the use of this report for any purpose connected with the sale, purchase, or use of the Property or the giving of security over the Property, to the extent permissible by law. The only Person to whom We may be liable and to whom losses arising in contract or tort sustained may be payable by Us is the Client named on the face page 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.

26. Prohibition on the Provision or Sale of the Report.

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.

27. Release

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 permission.

28. Indemnity

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 permission.

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 that was constructed in accordance with the generally accepted practice at the time of construction and which has been maintained such that there has been no significant loss of strength and serviceability.

Access hole (cover) means an opening in the structure to allow for safe entry to carry out an inspection.

Accessible area means an area of the site where sufficient safe and reasonable access is available to allow inspection within the scope of the inspection.

Building Element means a portion of a building that, by itself or in combination with other such parts, fulfils a characteristic function.

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 fault or deviation from the intended condition of the material, assembly or component.

Inspector means the person or organisation responsible for carrying out the inspection. (See also Our/Us/We below.)

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

Major defect means a defect of sufficient magnitude where rectification has to be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the property.

Minor defect means a defect other than a Major defect.

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

Property means the structures and boundaries etc 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 the 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 AS 4349.1-2007 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 3.6 M ladder placed at ground level;

· Safe Access - Is at the inspector’s discretion and will take into account conditions existing on the property at the time of the inspection.

Note: Reasonable access does not include the cutting of access holes or the removal of screws and bolts or any other fastenings or sealants to access covers. Sub floor areas sprayed with Chemicals should not be inspected unless it is safe to do so.

Our/Us/We means the company, partnership or individual that You have requested to carry out the property inspection and report.

You/Your means the party for whom the report is commissioned and where more than one party all such parties jointly and severally, together with any agent of that party.

ACKNOWLEDGEMENT

You agree that in 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 prior to the inspection.

If You fail to accept 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.

You acknowledge that if there are Special Requirements / Conditions requested by the Client/Client's Representative regarding the Inspection and report; that these will be communicated via the Report order.

You agree to pay for the full cost of the Report including any requested Special Requirements/Conditions as per the quotation provided.


Section 2. Timber Pest Inspection Agreement

TYPE OF PROPOSED INSPECTION ORDERED BY YOU

Pre-Purchase Timber Pest Inspection AS4349.3.

To avoid any misunderstanding as to the inspection We will carry out and as to the scope of the resulting report You should immediately read, sign and return a copy of this agreement to Us prior to the inspection.

If You fail to accept this agreement and do not cancel the requested inspection then You agree that this document forms the agreement between You and the inspection provider service.

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.

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.

2. In the case of Termite Inspections the inspection will be carried out in accord with AS 3660.2-2000 Termite management Part2: In and around existing buildings and structures.

3. A copy of these Australian Standards may be obtained from Standards Australia (www.saiglobal.com/shop) at your cost.

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. With the written permission of the owner of the premises we will perform a more invasive physical inspection (Special Purpose Inspection and Report) that may involve moving or lifting of insulation, moving stored items, furniture or foliage during the inspection. We will physically touch, tap, test and where necessary force/gouge suspected accessible timbers. We will gain access to areas, where physically possible and considered practical and necessary, by way of cutting traps and access holes. Inspection time for this report will be greater than for a visual inspection and will involve added cost. It involves disruption in the case of an occupied property, and some permanent marking is likely. The owner must acknowledge all the above information and confirm that our firm will not be held liable for any damage caused to the property.

10. 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 INSPECTION AND REPORT

11. In the case of Pre-purchase Timber Pest Inspections or Timber Pest Inspections in accord with AS4349.3-2010 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 damp wood termites (white ants), borers of seasoned timber and wood decay fungi (rot), present on the date and time of the Inspection.

12. 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.

13. In both cases the Inspection will not cover any other pests and the Report will not comment on them. Dry wood termites (Family: KALOTERMITIDAE) and European House Borer (Hylotrupes bujulus Linnaeus) will be excluded from the Inspection.

14. 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.

15. MOULD: Mildew and non wood decay fungi is commonly known as Mould and is not considered a Timber Pest. However, Mould and their spores may cause health problems or allergic reactions such as asthma and dermatitis in some people. No inspection for Mould will be carried out at the property and no report on the presence or absence of Mould will be provided. Should any evidence of Mould happen to be noticed during the inspection, it will be noted in the General Remarks section of this report. If Mould is noted as present within the property and you are concerned as to the possible health risk resulting from its presence then you should seek advice from your local Council, State or Commonwealth Government Health Department or a qualified expert such as an Industry Hygienist.

LIMITATIONS

16. 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 does not exist in any inaccessible or partly inaccessible areas or sections of the property. Nor can it guarantee that a future infestation of Timber Pests will not occur or be found.

DETERMINING EXTENT OF DAMAGE

17. The Report will state timber damage found as 'slight', `moderate', `moderate to extensive' or `extensive'. This information is not the opinion of an expert, as the inspector is not qualified to give an expert opinion. The Report will not and cannot state the full 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, eg 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, or any alleged negligent act or omission on Our part or on the part of the individual conducting the Inspection, either party may give written Notice of the dispute or claim to the other party. If the dispute is not resolved within twenty one (21) days from the service of the written Notice then either party may refer the dispute or claim to a mediator nominated by Us. The cost shall be met equally by both parties or as agreed as part of the mediated settlement. Should the dispute or claim not be resolved by mediation then one or other of the parties may refer the dispute or claim to the Institute of Arbitrators and Mediators of Australia who will appoint an Arbitrator who will resolve the dispute by arbitration. The Arbitrator will also determine what costs each of the parties are to pay.

THIRD PARTIES

20. 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.

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 twelve months old.

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 the inspector and the contents of the Report which We will provide You following the Inspection.

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

Active means the presence of live timber pests at the time of inspection.

Client means the person(s) for whom the inspection is to be carried out. 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 the absence of live timber pests at the time of inspection 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 and fences etc up to fifty (50) 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 fifty (50) metres from the exterior walls of the main building be inspected no such inspection will be carried out.

Reasonable Access means access to areas as defined in AS 4349.3-2010. The standard defines reasonable access as access to "areas where safe, unobstructed access is provided and the minimum clearances specified in the Table below are available or, where these clearances are not available, areas within the consultant's unobstructed line of sight and within arm's length. Reasonable access does not include removing screws and bolts to access covers." 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 furniture or stored goods.

· Roof Void - the dimensions of the access hole must be at least 450mm x 400mm, and, reachable by a 3.6M ladder, and, there is at least 600mm x 600mm of space to crawl;

· Sub Floor - the dimensions of the access hole must be at least 500mm x 400mm, with a vertical clearance from the floor to bearer, joist or other obstruction of; -

o Timber Floor 400mm

o - Concrete Floor 500mm

· Roof Exterior- must be accessible by a 3.6 M ladder placed at ground level.

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.

Timber Pests means subterranean and dampwood termites (white ants), borers of seasoned timber and wood decay fungi (rot).

Our/Us/We means the company, partnership or individual that You have requested to carry out the property inspection and report.

You/Your means the party for whom the report is commissioned and where more than one party all such parties jointly and severally, together with any agent of that party. 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.

You acknowledge that if there are Special Requirements / Conditions requested by the Client/Client's Representative regarding the Inspection and report; that these will be communicated via the Report order. You agree to pay for the full cost of the Report including any requested Special Requirements/Conditions as per the quotation provided.

ACKNOWLEDGEMENT

21. 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 acknowledge that if there are Special Requirements / Conditions requested by the Client/Client's Representative regarding the Inspection and report; that these will be communicated via the Report order.

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

23. You agree that in 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 or before delivery of the report.

24. 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.

25. You agree to pay for the full cost of the Report including any requested Special Requirements/Conditions as per the quotation provided.

26. Prohibition on the Provision or Sale of the Report.

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.


Section 3. Pool Inspection Agreement

Pool Inspection

1. The report will be prepared on the basis of a visual inspection only and without reference to any construction plans or any engineering test or other tests relating to the structural integrity of your pool.

2. No liability shall be accepted on account of failure of the report to identify or notify any problems of a structural nature relating to the pool or to any part of the pool physically inaccessible for inspection.

3. Structural problems must be identified through, and dealt with by, a builder or the local council.

4. The report does not replace a Pool Safety Inspection and/or Compliance Certificate Certificate as per State Legislation requirements.

5. The report is provided solely for the use and benefit of the customer named on the front of the report.

6. No liability or responsibility whatsoever lies to any Third Party who may rely on the report.

7. The report may not be sold or provided to any other person without our express written permission, unless the customer 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.


Section 4. PropertySafe Risk Management Inspection

TERMS, CONDITIONS, SCOPE and LIMITATIONS

The following information is very important and forms an integral part of the report.

Any person who relies upon the contents of the report does so acknowledging the following clauses. These define the Scope and Limitations of the inspection and form an integral part of the report. Before you decide to act upon the report you should read and understand all of the information contained herein. It will help explain what is involved in a PropertySafe inspection, the difficulties faced by an inspector and why it is not possible to guarantee that a property is free of safety hazards or defects, latent or otherwise. If there is anything contained within the report that is not clear or you have difficulty understanding, please contact PropertySafe prior to acting on the report.

Purpose of the Inspection and Report: The purpose of a Risk Management Inspection (the Inspection) is to identify health and safety issues in a residential property and to provide recommendations to the Report Purchaser in a Risk Management Report (the Report) regarding the safety condition of the property on the date of inspection.

Scope of the Inspection: THE REPORT IS NOT AN ALL ENCOMPASSING REPORT dealing with the building from every aspect. The recommendations are limited to residential health and safety issues where there are reasonably foreseeable risks that could result in sickness, injury or death. The Report is prepared on the basis that the use of the building will continue as a residential property and IS NOT suitable for Workplace Health and Safety purposes.

The Inspection comprises a visual assessment of the property to identify residential safety hazards at the time of inspection. The inspector IS NOT an expert in building, electrical, plumbing, glazing, gas fitting, structural engineering or pest detection.

If the property inspected is part of a Strata or Company Title, then inspection is limited to the interior and the immediate exterior of the particular residence to be inspected. The complete inspection of common property is outside the scope.

Liability: The Report is to be utilised for the purposes outlined above only. The findings are specifically and confidentially for the Report Purchaser named on the face page of the Report to evaluate the risk level and need for action and not for determination of the property sale value, mortgage or security valuation or lease rate. To the extent permitted by law, we are not responsible for any liability, loss or damage (whether direct, indirect, special or consequential) whatsoever and however arising from or in connection with your use of the Report, whether that liability, loss or damage was caused by delay, error or omission, negligence, negligent misstatement or otherwise. We will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any person other than the Report Purchaser in connection with the use of the Report

Safe & Reasonable Access: Only areas to which safe and reasonable access is available are inspected. Safe access means areas where safe, unobstructed access is provided and the minimum heights or clearances specified below are available, or where these clearances are not available, areas within the inspector's unobstructed line of sight and within arm's length. The inspector has sole discretion in determining safe access to any area of the property.

· Ceiling height must be above 1.6m

· Smoke alarms must be accessible from a 1.8m ladder on the floor.

Reasonable access does not include removing screws and bolts to access covers, the use of destructive or invasive inspection methods nor does it include moving heavy furniture, floor coverings or stored goods.

Areas, Items and Conditions Inspected

The Report DOES include inspecting and reporting on the following:

Area/s inspected: The interior and exterior of the home and outbuildings within 20 metres of the main dwelling. Strata units include the interior and immediately adjacent common areas only.

Item/s inspected: Smoke detectors, fixed electrical fittings, safety switches, glass hazards, stairs, balconies, balustrades, pool fencing and pool gates only if specifically ordered and noted on the front page of the Report.

Conditions inspected for: Slip, trip and fall hazards, gas leaks, hot water temperature, moisture, mould, and any obvious* dangerous building, electrical, plumbing, vermin or pest infestation, the presence of power points within the splash zones of sinks/tubs of less than 45 litres. *Obvious: items clearly visible to a reasonable person that is NOT an expert in building, electrical, plumbing, glazing, gas fitting, structural engineering or pest detection.

The Report DOES NOT include inspecting and reporting on the following:

Area/s NOT inspected: Roof surface and void, attics, sub-floor, crawl spaces, walk-in-robes or cupboard extensions, wall cavities, below carpets, behind furniture and storage, retaining walls, dams and waterways, any structure further than 20 metres from the main dwelling, any area not clearly visible from ground level, .

Item/s NOT inspected: Ceiling insulation, house wiring, water and gas pipework, fireplaces, fixed heaters, hot water systems, portable electrical equipment, furniture, storage, water features, security/alarm equipment including locks, deadlocks, grills, cameras and alarms, pool pumps and pool fittings.

Condition/s NOT inspected for: Presence of asbestos, lead paint, soil contamination or toxic conditions including chemical storage, subfloor ventilation, health of trees, home occupier activity, lighting adequacy or night time visibility with regard to safety or security, the presence of power points within the splash zone of flexible hand held shower units. We do not inspect, test or operate any appliance or fitting other than those explicitly stated as part of the Inspection.

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Limitations of the Inspection and the Report

1. The Report is a VISUAL REPORT ONLY limited to those areas and sections of the property fully accessible and visible to the inspector on the date of inspection. No destructive measures are taken in the process of the Inspection. The Inspection does not include breaking apart, dismantling, removing or moving objects including, but not limited to, foliage, mouldings, floor or wall coverings, sidings, ceilings, floors, furnishings, appliances or personal possessions. The Inspector CANNOT see inside walls, between floors, inside roofing or eaves, behind stored goods in cupboards, or other areas that are concealed or obstructed. The inspector does not dig, gouge, force or perform any invasive procedures. In an occupied property it must be understood that furnishings or household items may conceal defects which may only be revealed when the items are removed. No inspection is inferred for any object, structure or fitting that cannot be clearly observed from ground level.

2. Nothing contained in the Report implies that any inaccessible, partly inaccessible or obscured area of the property is free from defects. No responsibility can be accepted for defects which are latent or otherwise not reasonably detected on a visual inspection without interference with or removal of any of the structure including fixtures or fittings within the building. You agree that we cannot accept any liability for our failure to report a defect concealed, blocked or covered by furniture, fittings and/or occupant possessions at the time of inspection and you agree to indemnify us for any failure to find such concealed defects.

3. Balcony, deck and verandah inspections are limited by the scope of the standard Report. We are not and do not purport to be experts in the field of construction and structural engineering. Where there are any concerns about balcony, deck or verandah constructions, it is highly recommended that they are inspected by a structural engineer to verify integrity, design and compliance.

4. The standard Report includes inspection for the presence/absence of safety glass in high risk slip, trip and fall situations although we are not and do not purport to be experts in this field. It is highly recommended that all glass situated in high risk situations be inspected by a qualified glazier.

5. The Report cannot make informed comment upon hazards or defects that may be subject to the prevailing weather and light conditions including but not limited to the adequacy of lighting, the potential for slipping on wet exterior surfaces or sources of leakage and moisture.

6. The Inspection does not look for or report on Timber Pest Activity unless an AS4349.3-2010 Timber Pest Inspection is specifically ordered and noted on the front page of the Report.

7. The Inspection is not a Building Inspection and does not look for general building issues. If required or recommended, you should order an AS 4349.1-2007 Building Inspection by a qualified, licensed and insured Building Inspector.

8. The Inspection is not a Bushfire Hazard assessment. If the property is in a Bushfire Zone you should have an inspection carried out in accordance with AS 3959 for buildings in Bushfire Prone Areas.

9. The Report is not a compliance report for building regulations such as the National Construction Code, Building Code of Australia, State or local regulations. The property is taken to have complied with all applicable building codes and regulations at the time of construction and to have maintained compliance with any subsequent modification or addition. You agree that we cannot accept any liability for any non-compliance of the building to all applicable building regulations at the time of inspection.

10. ASBESTOS: The property is not inspected for asbestos (including Magnesite). If asbestos or materials containing asbestos happens to be noticed then this may be noted in the Inspectors Notes.

11. LEAD PAINTS: No attempt is made to ascertain whether lead paints are present. Investigation requires the paint to be disturbed whereby special precautions are needed. Advice should be sought from an Asbestos expert if an assessment is required.

12. If the Report recommends another type of inspection or investigation then you should do this within a reasonable time period based on the severity of the item raised. If you fail to follow our recommendations then you agree and accept that you may face penalties or suffer a financial loss and indemnify us against all losses that you incur resulting from your failure to act on our advice.

13. Any quoting information, measurements and images provided in the Report are provided as an aid only to determine the possible costs of rectification and are not purported to be the sole information source required to determine costs. We accept no liability for any estimates based on information provided in the Report.

14. Any recommendations for specific trades, skills or qualifications in the Report are provided as an aid only to enable further investigation or repair arrangements to be made and are not purported to be the sole or necessary trades, skills or qualifications required to effect repairs. We accept no liability for any services provided by third parties based on information provided in the Report.

15. Consumer Complaint Procedure: refer to separately available document at www.propertysafe.com.au

16. Reports denoted as Sample or Promotional on the cover page or within the document body are for illustration purposes only. These reports may not be fully representative of the standard Inspection or Report process and are provided without warranty. Such reports must not be relied upon for any particular purpose and we accept no liability for their content or accuracy.


Section 5. 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.

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