Rapid Building Inspections Terms and Conditions
Building & Timber Pest Inspection T&C’s
Standard Pre Purchase Property and Timber Pest Inspection.
The Australian Standard for building inspections 4349.1 – 2007 and timber pest inspections 4349.3 requires that every pre-purchase inspection has a pre- engagement agreement accepted by the home purchaser (or their solicitor/conveyancer) before commencement of the inspection. To comply with the standard and insurers requirements, read the information below:
Building Inspection T&C’s
Standard Pre Purchase Property Inspection.
The Australian Standard for building inspections 4349.1 – 2007 requires that every pre-purchase inspection has a pre-engagement agreement accepted by the home purchaser (or their solicitor/conveyancer) before commencement of the inspection. To comply with the standard and insurers requirements, read the information below.
Parties acknowledge and agree that clause 2(c) in section B. Terms and Conditions is not applicable to this Agreement
Pest Inspection T&C’S
Standard Pre Purchase Timber Pest Inspection.
The Australian Standard for timber pest inspections 4349.3 requires that every pre-purchase inspection has a pre-engagement accepted by the home purchaser (or their solicitor/conveyancer) before commencement of the inspection. To comply with the standard and insurers requirements, read the information below.
Parties acknowledge and agree that clause 2(b) (and related definition of Major Defect) set out in section B. Terms and Conditions is not applicable to this Agreement
Terms & Conditions
1. DefinitionsBuilding and Site means in relation to the Property:
- For a Timber Pest Inspection Report the main building (or main buildings in the case of a building complex) and all timber structures (such as outbuildings, landscaping, retaining walls, fences, bridges, trees and stumps with a diameter greater than 100mm and timber embedded in soil) and the land within the property boundaries up to a distance of 30 metres from the main building; and
- for a Property Assessment Report means the nominated residence together with relevant features including any car accommodation, detached laundry, ablution facilities and garden sheds, retaining walls more than 700mm high, paths and driveways, steps, fencing, earth, embankments, surface water drainage and stormwater run-off within 30m of the building, but within the Property’s boundaries.
Group Entities means Us and each Related Body Corporate of Us.
Inspection means an inspection of the Property.
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.
Obstructions means any condition or physical limitation that inhibits or prevents inspection and may include, but is not limited to, roofing, fixed ceilings, wall builder’s debris, vegetation, applied finishes such as render and paint, pavements or earth. In respect of Property Assessment reports, also includes baths, water closets, vanity basins, kitchen cupboards, door furniture, window hardware, render, floor and wall tiles, trim or paint.
Personal Information means has the meaning given to that term in the Privacy Act 1988 (Cth).
Property means the property identified in section A (Recitals) of the agreement, and includes the Building and Site.
Property Assessment means the assessment of the Property by the Inspector in order for the Inspector to perform the Services and prepare the Report.
Readily Accessible Areas means areas which can be easily and safely inspected (as determined by Us in Our sole discretion) without injury to person or property, are up to 3.6 metres above ground or floor levels, in roof spaces where the minimum area of accessibility is not less than 600mm high by 600mm wide and subfloor spaces where the minimum area of accessibility is not less than 400mm high by 600mm wide, providing the spaces or areas permit entry.
Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth), but as if each reference to a “body corporate” includes a proprietary company, a partnership or a trust.
Report means the final document (including all appendices and appendixes) prepared by Us for you in relation to a building and timber pest inspection.
Services means the services related to pre-purchase property assessment and timber pest inspection reports.
Terms means these terms and conditions.
Us / We / Our means Rapid Building Inspections Pty Ltd ACN 614 843 131 including any Group Entities, subsidiaries, agents and authorized representatives.
You means the client identified in section A (Recitals) of the agreement.
2. Scope of Report
- The Report has been prepared by Us for the Property identified and is supplied to You on the basis of the scope of Services and subject to these Terms. We accept no responsibility to other persons other than You.
All Property Assessment Reports are prepared in accordance with Australian Standard AS4349.1-2007 Inspection of Buildings Part 1: Pre-purchase Inspections- Residential Buildings and to any other Australian Standards and definitions cited in these Terms and Conditions (except for strata titles properties where the inspection will be according to Appendix B of AS4349.1-2007). The Inspection and Report:
- will be of Readily Accessible Areas of the Building and Site (other than with respect of strata and company title properties, where the Inspection is limited to the interior and the immediate exterior of the particular residence to be inspected. Common property will not be inspected as part of the Report);
- will be a non-invasive visual assessment for structure of the building and will not include cutting, breaking apart, dismantling, removing or moving any objects as determined by the inspector;
- subject to 2(b)(i) and Obstructions, the interior, subfloor, roof void, roof exterior and exterior will be assessed provided it is safe to do so;
- will focus on Major Defects;
- compares the Property with a property that was constructed at a similar time and in a similar condition. If the building is not comparable to a similar building (e.g. due to unusual design or construction techniques), then the Inspection shall be based on the general knowledge and experience of the person undertaking the inspection for Us;
- is not a certificate of compliance and will exclude any locations the inspector deems is invasive (such as within walls, flooring etc.);
- will not report on timber pest activity unless the report in clause 2(c) is commissioned;
- no report will be conducted with respect to asbestos, mould, and non-wood decay fungi;
- items outlined in AS4349.1-2007 are beyond the scope of the Report; and
- may not reveal problems that are covered or hidden by furnishings, other Obstructions and household items such that is your responsibility to obtain a statement from the owner of the Property as to: any timber pest activity or damage, timber 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, and obtain copies of any paperwork issued and the details of all work carried out. You agree to indemnify Us where no such statement is obtained.
- All Timber Pest Inspection Reports are been prepared in accordance with Australian Standard AS4349.3 Inspection of buildings Part 3: Timber Pest Inspections and to any other Australian Standards cited in these Terms and Conditions. The inspection and Report:
- will be of Readily Accessible Areas of the Building and Site (other than with respect of strata and company title properties, where the inspection is limited to the interior and the immediate exterior of the particular residence to be inspected. Common property will not be inspected as part of the Report);
- can not fully state the extent of any timber pest damage and if any evidence of timber pests is present in the structure or grounds of the property then You must assume some structural or concealed damage of the Property and it is recommended for an invasive inspection to be carried out;
- does not guarantee the non-existence of termites or timber pests in any inaccessible areas or areas outside the scope of the Report;
- is visual and non-invasive and confined to the discovery or non-discovery of infestation and/or damage caused by subterranean and damp wood termites, borers of seasoned timber and wood decay fungi but no other pests (such as dry wood termites and European house borer);
- may require the use of tools and instruments such as a probe or screwdriver or moisture meter and/or thermal sensor;
- will not involve any invasive inspection techniques (including but not limited to cutting, removal or moving objects or dismantling any part of the Property);
- will not require the inspector to conduct an invasive inspection such that the walls, floors, roofing or between other objects will not be seen;
- may be hindered by furnishings within the household and other Obstructions;
- will assume any termite treatment is a curative measure and not a preventative;
- does not deal with undetectable or latent defects, including but not limited to, defects that may not be apparent at the time of inspection due to season changes, recent or prevailing weather conditions, and whether or not services have been used some time prior to the inspection being carried out;
- does not cover or deal with environmental risk assessment or biological risks not associated with terminates or timber pests (e.g. toxic mould) or occupational, health or safety issues; and
- will not extend to mildew and non wood decay fungi.
3. Scope of Service
- You should take the opportunity to read these Terms. By making a booking for the Property Assessment, allowing or arranging for the Inspector to carry out the assessment of the Property and by Us supplying You with the Report, You are agreeing to and accept these Terms.
- These Terms take precedence, to the extent of any inconsistency, over any oral or written representations by Us.
- By making the booking, paying for the assessment and receiving the Report, You accept these Terms.
- The Report is not a guarantee but is an opinion of the condition of the Property relative to the average condition of well-maintained similar properties of a similar age.
- You acknowledge and agree that the Inspection and Report will only be conducted if reasonable access is available at the Property (as determined by Us or the Inspector in its sole discretion).
- We accept no liability with respect to work carried out by other trades, consultants or practitioners. even if they are referred or suggested to You by Us. It is your responsibility to engage appropriately qualified trades directly/ We shall not be liable for failure to perform any duty or obligation that We may have under this agreement, where such failure has been caused by inclement weather, industrial disturbance, inevitable accident, inability to obtain labour or transportation, or any cause reasonable outside Our control.
- We are not liable to You or any other person for:
- any loss or damage of any kind that is directly or indirectly caused by or results from any wrongful, willful or negligent act or omission of You or Your personnel; or
- any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data or loss of damage resulting from wasted management time irrespective of whether:
- the loss or damage is caused by or relates to breach of contract, statute, tort (including negligence) or otherwise; or
- You or any other person were previously notified of the possibility of the loss or damage.
- The Report is not, and should not be considered, a certificate of compliance for the Property within the requirements of any law, regulation, ordinance, standard or local by-law
- Our liability to You is limited to either carrying out a new assessment and report within these Terms, or to repay you for the cost of the original assessment and Report, whichever We choose in Our sole discretion.
- The assessment is on the condition of the Property at the time of assessment and assumes that the existing use of the building on the Property will continue. The assessment will not assess the fitness of the building or structures on the Property for any intended purpose. Any proposed change in use should be verified with the relevant authorities.
- The lack of direct visible evidence does not mean that any or significant damage has not occurred or that there are no timber pests present.
- The Report is not a structural report. If the Report suggests any evidence of previous or current termite infestation, We recommend in all cases that You arrange for a full structural inspection and report of the Property by a qualified expert as soon as possible.
- If the Report recommends an intrusive timber pest inspection, it is your responsibility to arrange an inspection with a suitably qualified expert.
- The Report given to You by Us, takes precedence over any oral advice or draft reports, to the extent of any inconsistencies. You agree that You will rely only on the Report and that You cannot rely on any written or oral comments or representations, nor draft reports.
- You acknowledge that Australian Standard AS4349.1-2007 Inspection of Buildings, Part 0: General Requirements recognizes that a property report is not a warranty or an insurance policy against problems developing with the building in the future.
7. Dispute Resolution
- If You are dissatisfied with the quality or suitability of all or part of the Report or otherwise a dispute or a claim arises out of, or relating to the Services and Report, or any alleged negligent act, error or omission, You agree to promptly give Us written notice clearly setting out the matters about which You are dissatisfied and then to allow Us time to attempt to resolve the matters with You. You agree to give no less than 14 days after We receive your written notice, to resolve any dispute or differences with You before You take any remedial action or incurring any further costs.
- You agree that any remedial action will first be dealt with at mediation, the cost of which will be paid equally by both parties. If the dispute is not resolved at mediation within 60 days then a party may refer the dispute to the Institute of Arbitrators and Mediators of Australia who will appoint an arbitrator who will resolve the dispute by arbitration. The arbitrator will determine what costs each party will pay.
- You agree that the maximum liability We have to You arising from such a dispute is as outlined in clause 5(c).
- We will collect, retain and use information in relation to You and the Report (including the Property and the subject of the Report), for the purpose of providing the Services to You in accordance with these Terms, and in accordance with the laws relating to the collection and disclosure of personal information under the Privacy Act 1998 (Cth) as amended from time to time.
- We may share the information gathered under clause 8(a) with Our Group Entities and other third parties for secondary purposes related to the primary purpose of providing the Services or services related or incidental to the Services, including but not limited to compiling, copying, modifying, licensing and exploiting any and all information provided, or otherwise made available by You or on Your behalf, including data that relates to the Services and including data related to transactions, messages and statistical click-stream data. This will only occur where such data has been anonymized so that it does not compromise any Personal Information of any person in contravention of any applicable Australian privacy laws and that it does not directly or indirectly identify any individuals.
- Your Personal information may be disclosed in a number of circumstances to third parties or where required or authorized by law.
9. Decline Inspections
- We reserve the right to reject any request for an Inspection at our absolute discretion. In this event, any deposit, fees or other monies paid by You or on Your behalf will be refunded.
You acknowledge and agree that:
- the Report may not be sold or provided to any other person by You without Our express written consent (unless You are authorized or required by law). Our consent may be subject to certain conditions determined in our sole discretion such as the payment of a further fee and agreement by that third party to comply with the terms of this Agreement; and
- We may sell the Report to any other party as determined by Us in Our sole discretion.
- All references to Us in the Report and all other documentation includes, where the context permits, Our subsidiaries, agents and representatives authorized to act on its behalf.
- You agree that in signing these Terms or continuing to instruct Us that You have read and understand the contents of these Terms and that the inspection will be carried out in accordance with these Terms. You agree to pay for the inspection prior to delivery of the Report.
- These Terms and Conditions are in addition to, and do not replace or remove, any rights or implied guarantees conferred by the Competition and Consumer Act 2010 or any other consumer protection legislation.
- You indemnify Us in relation to 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 used, provision or sale of the Report by You.
- You release Us from any and all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of whatever nature that You or a third party may have at any time arising from the use or the sale of the Report by You to a third party, unless We have provided our prior written consent.
11. For all New South Wales Property Reports:
- If You have purchased a Report in New South Wales, the following additional terms and conditions apply and take priority:
- We own and remain the owner of the physical or digital Report, its contents and all of copyright in the Report.
- When You have paid for the Report and We send you the Report, We give You a one-off licence to use the Report for the Specific Purpose (as defined below) and for no other purpose.
- You acknowledge that We have and reserve the right to distribute, communicate or commercialise the Report prepared for the Property, whether to an owner, real estate agent. or potential buyer of the Property. This is not affected by who has commissioned the Report or purchased the Report.
- You must not, and You must not allow any agent or adviser of Yours to, physically nor digitally store, copy, print, distribute, communicate or on – sell the Report, except for the Specific Purpose or if We otherwise give You permission in writing.
- In these additional Terms “Specific Purpose” means:
- if You are an owner/vendor of the Property: to assist You to know and understand the building defects and their relative significance in the Property, to obtain relevant advice for the purpose of listing or considering whether to list the Property for sale; and considering what repairs or maintenance the Property might need.
- if you are a potential buyer of the Property: to assist you to know and understand the building defects and their relative significance in the Property, to obtain relevant advice for the purpose of considering whether to purchase the Property, or considering what repairs or maintenance the Property might need.
12. Cancellation Clause
- If You fail to return the copy to Us, but by your conduct and do not cancel the requested inspection within 24 hours of the agreed appointment then You agree that this document forms the agreement between You and Us and You will be charged the full cost of the inspection. Where You cancel the inspection with more than 24 hours notice but less than 72 hours notice then You will incur an $80 administration charge with the balance of the total cost to be refunded to you.