BUILDING INSPECTION(S) 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. The inspection(s) will be carried out to the following Australian standards, depending on the type of inspection.
We will carry out the inspection and report ordered by You in accordance with this agreement and You agree to pay for the inspection on or before 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.
SCOPE OF THE INSPECTION & THE REPORT: The Inspection will be carried out in accordance with Australian standards AS4349.1-2007,AS 4349.3-2010, AS/NZS 3000 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 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 buildings of approximately the same age and area. 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 area
- The roof exterior
- The yard
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.
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 constructed to the generally accepted practice at the time and which has been maintained, so there has been no significant loss of strength and performance.
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 move furniture or stored goods, 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, building regulation or code, 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 Inspection WILL NOT look for or report on Timber Pest Activity if a timber pest inspection and report has not been booked. 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. MAGNESITE FLOORING DISCLAIMER: No inspection for Magnesite Flooring was carried out at the property and no report on the presence or absence of Magnesite Flooring is provided. You should ask the owner whether Magnesite Flooring is present and/or seek advice from a Structural Engineer.
16. 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.
17. 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. The inspector does not move or remove household items or furniture etc.
18. The Inspection Will not cover or report the items listed in Appendix D to AS4349.1-2007.
19. Where the property is a strata or similar title, only the interior and immediate exterior of the specified dwelling will be inspected by the inspector. The inspection will be as outlined in AS 4349.1-2007 Appendix B. Therefore it is advised that the client obtain an inspection of common areas prior to any decision to purchase.
20. 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.
21. You agree that We cannot accept any liability for Our failure to report a defect that was concealed (intentionally or unintentionally) by the owner (or resident) of the building being inspected and you agree to indemnify us for any failure to find such concealed defects.
22. 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.
23. 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.
24. The electrical inspection and report is not responsible for existing electrical problems or faults. It is a visual inspection of the meter box, wiring and general outlets and no testing is carried out. Inner West Property Inspections is not responsible for existing or future electrical problems and faults.
24. 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 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 (28) 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.
25. 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 their own risk. However, if ordered by a Real Estate Agent or a Vendor for the purpose of auctioning a property then the Inspection Report may be ordered up to seven (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.
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, you agree that we may sell the Report (a generic version) 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 which was constructed at approximately the same time and style, using practices which were generally accepted as normal for that time and that the property has received maintenance to ensure that the intended strength and serviceability of the building have not significantly deteriorated over time. Access hole (cover) means a hole in the structure allowing safe entry to an area.
Accessible area is any area of the property and structures allowing the inspector safe and reasonable access within the scope of the inspection. Building Element means a part of a building performing a particular function either singularly or in conjunction with other such parts. Client means the person(s) or other legal entity for which the inspection is to be carried out.
If ordered by the person(s)’s agent then it is agreed that the agent represents the person(s) and has the authority to act for and on their behalf. (See also “You/Your” below) Defect means a variation or fault in material or a component or assembled element that deviates from its intended appearance or function. Inspector means the company, partnership or individual named below that You have requested to carry out a Building Inspection and Report. (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 such significance that without correction would not avoid Safety Concerns, loss of the intended practical performance of the building element or an additional decline in the existing condition of the property inspected. Minor defect means a defect which is not a Major Defect.
Person means any individual, company, partnership or association who is not a Client. Property means the structures and boundaries up to thirty (30m) metres from the exterior walls of the main building but within the boundaries of the land on which the main building is erected. Report means the document and any attachments issued to You by Us following Our inspection of the property. Structural Inspection means the inspection shall comprise visual assessment of accessible areas of the property to identify major defects to the building structure and to form an opinion regarding the general condition of the structure of the property.
The Report will not include those items noted in Clause A3 of 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 (or in the case of roof exterior, height) than the following:
Roof Void – the dimensions of the access hole must be at least 500mm x 400mm, and, reachable by a 3.6M ladder, and, there is at least 600mm x 600mm of space to crawl; Roof Exterior – must be accessible by a 3.6M ladder placed at ground level.
Reasonable access does not include the use of destructive or invasive inspection methods. Nor does reasonable access include cutting or making access traps, or moving heavy furniture or stored goods. Safe Access – Is at the inspector’s discretion and will take into account conditions existing on the property at the time of the inspection. Our/Us/We means the company, partnership or individual named below that You have requested to carry out the property inspection and report.
You/Your means the party identified on the face page of this agreement as the Client, and where more than one party all such parties jointly and severally, together with any agent of that party. You agree that in signing this agreement, or by checking the box (I agree to the terms and conditions) on the online booking form,You have read and understand the contents of this agreement and that the inspection will be carried out in accordance with this document. You agree to pay for the inspection before the delivery of the report.
Cancellation: A cancellation fee of 100% applies if inspection is cancelled within 36 hours of the booked inspection date and time, not including weekends and public holidays. We have already allocated the time for your inspection and a cancellation at short notice denies another booking.
If you fail to acknowledge that you have read and understood 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.
TIMBER PEST PRE-INSPECTION AGREEMENT
- The relevant definitions listed in this Agreement are listed at the end of this Agreement.
The Client’s Acknowledgments
- The Client acknowledges that:
a) The Inspector reserves the right to cancel the inspection and only the deposit, if any, will be reimbursed to the Client.
b) The Inspection Report will be drafted in accordance with and limited to: the purpose; scope; and the minimum requirements as set out in the Australian Standard Inspection of Buildings AS4349.3 2010 (AS Standards). A copy of the appropriate Standard with Appendices may be obtained from Standards Australia at your cost. 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 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 pest infestation is not visible at the time of inspection does not guarantee that there is no pest infestation affecting the Property.
o) 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.
p) 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.
q) The Client acknowledges that, any recommendations or advice made by the inspector in relation to the inspection at the subject property should be implemented by the Client as a matter of urgency
Scope of Inspection
- Subject to this entire Agreement, You have requested a Standard Non Invasive, Visual Timber Pest Inspection. If a Non Standard Visual Inspection report is required, You must specify to us what king of inspection you require in the Special Requirements Text Box below
Non standard Inspections are
Unless specified in this Agreement the Inspector by the Client, the above inspection shall be conducted as detailed above.
Special Pest Detection Report:*
This report will include the Standard Timber Pest Inspection Report any special requirements:
Client Agrees that any Special Requirements to the Timber Pest Inspection are to be submitted in writing to the Inspector / Inspection Firm prior to the commencement of the inspection.
A Subterranean Termite Management Proposal:* This only compiles the Inspector’s observations and comments (pursuant to Australian Standards AS 3660.2) on how to treat any subterranean termite infestation/mitigate any future subterranean termite inspection.
* Unless otherwise and implicitly stated in this Agreement the Inspector will produce a Standard Timber Pest Inspection Report. (Visual And Non Invasive)
The Standard Non Invasive and Visual Timber Pest Detection Report:*
This report will only address timber pest activity and determine (by visual and non invasive assessment of the surface of timber work only) if timber has been damaged by pest activity. The Inspector will make a comparison of the property to a similar property in order to determine whether pest mitigation strategies have been upheld in the construction of the property. This will comment on the likelihood of future pest activity on the property. If there is no similar property to be compared to then the comment of future/likely pest activity will be subject to the Inspector’s general knowledge. In relation to Strata common property will not be inspected.
Unless specified in this Agreement the Inspector by the Client, the above inspection shall be conducted as detailed above.
- The Inspector will inspect (subject to the minimum requirements and the Restrictions on an Inspection) the accessible “Area”:
a) The Interior of the Property (Excluding furniture and stored items);
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 of the Property (subject to height and weather restrictions);
f) The Site within 30m of the Property and within the boundary relevant to the Inspection.
Restrictions on an Inspection
- The Inspector is restricted by certain foreseeable and unforeseeable limitations during an inspection.
- 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.
- 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; obstructed; and/or cannot be accessed.
- The Inspector cannot move any furniture or any other chattel or thing in order to access an Area.
- The Inspector cannot conduct an inspection that is invasive and therefore cannot inspect: the inside of walls; between and under floors and floor coverings; behind any kitchen joinery/cupboards/wardrobes/chattels; inside flat roofing; and/or inside any eaves. This is not an exhaustive list.
- The Inspector cannot cut access holes or remove screws and bolts (or any other fastenings) to access covers.
- The Inspector cannot inspect an Area if the inspector determines that his access is obstructed.
- The Inspector cannot cut access holes or remove screws and bolts (or any other fastenings) to access covers.
- The Inspector cannot inspect an Area if the inspector determines that his access is obstructed.
- The Inspector cannot 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) An Area that cannot be safely accessed or is obstructed;
d) Serviceability damp defects;
e) Any common property that maybe under Strata Title or Company Title or any other form of Title unless explicitly stated in another signed Agreement;
i) Any major and/or minor building defects and/or structural damage;
j) Drywood termites as colonies may be too small to detect by visual assessment; and
k) Early stages of borer activity for European House Borer (Hylotrupes bajulus) as borer damage may not be apparent of the surface of the timber and cannot be detected by visual assessment.
- The Inspection Report will not provide any timber pest preventative strategies or plans; it will only suggest a plan if implicitly required which is subject to clause 3.
- The Inspector may cease an Inspection or not inspect an Area, upon encountering asbestos, mould, Magnesite or heavy timber damage caused by a pest infestation, which causes the Inspector to have any safety concerns.
- The Visual 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) Option 1 in clause 3 above unless implicitly stated otherwise;
c) Timber pest activity and/or damage;
d) A visual appraisal of whether wood decay, rot or fungi was/was not found;
e) A general impression regarding the extent of any damage caused by any pest infestations; and
f) A conclusion which will address the incidence of any pest infestations.
- The Extent of Reporting is limited to a subjective Visual Inspection only. Accordingly the Report IS NOT AND 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 Termite Pests will not occur or be found.
- 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.
- The Inspector is restricted by the following dimensions in relation to determining if an opening can be reasonably accessed:
|AREA||ACCESS HOLE||CRAWL SPACE||HEIGHT|
|Roof Interior||400 mm x 500 mm||Min 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|
|Subfloor||500mmx400mm||Vertical Clearance.400mm beneath the lowest bearer, or 500 mm beneath the lowest part of a concrete||Subject to Inspector’s discretion as to safe and reasonable access|
- There may be further, unexpected limitations encountered by the Inspector, which can only be determined at the time of inspection.
- Inspector’s fee: the Client will pay to the Inspector the sum as advised by the Inspector for a Visual 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.
- The Client agrees that in signing this agreement they have read and understood the contents of this Agreement and that the inspection will be carried out in accordance with this document. The Client agrees to pay for the inspection on or before delivery of the report.
- If the Client does not sign and return a copy of this Agreement (subject to paragraphs 32 and 33 of this Agreement) payment of the Inspector’s fee is deemed as acceptance of this Agreement and the inspection will be carried out according to the terms herein.
Warranties and quality
- The Inspector warrants that they will take reasonable steps to inspect the above Areas thoroughly and responsibly subject to the requirements of the AS 4349.3-2010 and any foreseeable or unforeseeable restrictions.
- The Inspector warrants that the report will list all of the limitations encountered, restricting the Inspector and the inspection process.
- The Client warrants that they will not hold the Inspector liable for any Areas that the Inspector could not reasonably inspect due to the restrictions on an inspection.
- 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.
- 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 assessed.
c) Against any pest infestation that was not evident by visual assessment at the time of the inspection.
d) Termination of this Agreement by the Inspector pursuant to Item 29 of this Agreement.
- If there is a dispute between the Client and the Inspector then both agree to attend a mediation before taking legal action.
- If the dispute is not resolved within 28 days after the conclusion of the mediation then each party reserves the right to have the dispute settled in the NSW Civil and Administrative Tribunal exclusively.
Default and termination
- 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.
- If the Inspector’s fee is refunded for any reason whatsoever then the Inspection Report provided (if any) will be deemed invalid and annulled.
- 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 its surviving terms are not invalidated.
Bar on claims
- The Client is barred from making a claim against the Inspector by virtue of the Client’s Acknowledgments.
- Acknowledgment: A thing that a person is intimately aware of and has taken full consideration of and accepts that piece of information unconditionally.
- Access hole: An opening or cut out allowing entry to carry out an inspection.
- Active: The presence of live timber pests at the time of inspection
- Area: The area and/or areas listed in clause 4 only.
- AS Standards: AS4349.3 2010 only (unless specifically stated that AS 3660.2 also applies) in this Agreement.
- Client: The person the person the inspection is carried out for detailed as the same on the first page of this agreement only.
- Client’s acknowledgments: 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.
- Drywood Termites: Termites that do not require a water source other than the atmosphere and the moisture within the timber in which they occur.
- Excessive Moisture Conditions: Presence of moisture conducive to timber pest activity.
- High Moisture Readings: Higher than normal moisture levels as detected by electronic testing equipment.
- Inspection: Accessible and Visual Inspection of the Property.
- Inspector: The Individual or organisation detailed as the same on the first page of this agreement only.
- Inspector’s fee: Refer to clause 22.
- Property: The property inspected including all timber structures such as, patios, decking, fences, timber retaining walls, stumps up to distance of 30 metres from the main building.
- Restrictions on an Inspection: Refer to paragraphs 5 to 18 of this Agreement.
- Safe And Reasonable Access: Only areas that are deemed 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 in clause 20 are present, or where these clearances are not present, 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 and will make said determination at the time of the inspection only.
- Timber pest damage: visual damage caused by Timber Pests.
- Timber pest activity: visual signs of Timber Pests.
- Timber Pests: Subterranean and dampwood termites, and specific wood destroying agents being: chemical delignification (damage of timber by chemical reaction); fungal decay (damage to timber caused by soft rot and decay fungi); wood borers (wood damaging pests of the genus Coleoptera); and termites (wood damaging pests of the genus Isoptera)
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.
STRATA REPORT TERMS AND CONDITIONS: Inspection Report limitations
The contents of this report are based upon an inspection of those body corporate records available for a period of up to seven (7) years prior to the date of this report, unless otherwise stated. Where relevant, information received in the course of conversation with officers of the body corporate and/or the managing agent is included.
This Strata Report is based solely on an inspection of the records of the Owners Corporation provided for our inspection and we do not carry out any physical inspection of the unit or of the building.
Whilst all reasonable care has been taken in the production of this report, no guarantee of accuracy is offered or implied in respect of the information supplied to us at the time of inspection. You should be aware that in some cases Strata Managers hold a "Pending" or "Work in Progress" (WIP) file which is not made available for strata inspection. Important information which may be contained in such files will not appear in this Strata Report where the files have not been provided to us at the time of inspection.
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.
Where the Owners Corporation’s records provided for our inspection contain a notice or order from Council requiring fire safety or occupational health and safety upgrade works to be undertaken this information is included in this Strata Report. However, the absence of a notice or order from the Owners Corporation’s records should not be taken as indicating that the building complies with the Building Code of Australia in regard to these matters. We recommend strongly that you speak to your solicitor or conveyancer about checking on these matters with Council and, where appropriate, consultants qualified in these areas. It is not unusual for Councils to issue fire upgrade orders or notices on Owners Corporations and compliance can be very expensive.
Them existence or absence of easements, rights of way and the like are outside the scope of this Strata Report. This information should be obtained from the title of the unit and of the common property through your solicitor or conveyancer.
This report is made for the benefit of the parties listed herein (other than the vendor) and no other person shall be or shall be deemed to be entitled to rely on this report for any purpose whatsoever. Any third party acting or relying on this Report whether in whole or in part does so at their own risk.