Services Agreement v.2015.05.29

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The aim of this Services Agreement is to ensure you have all the information. We also want to avoid misunderstanding and conflict about what is included and excluded from the services you are requesting. Please review this Agreement carefully and contact your "All Inspections" representative if you have any queries. Prior to the issuing of any reports, please note the full payment of invoice is required to paid unless alternative arrangements have been made

You should print, sign and return this agreement to your "All Inspections" Representative before your inspection takes place. Alternatively, your engagement of our services implies acceptance of this agreement.

IMPORTANT: We may upload a new version of this Agreement from time to time, so it is recommended that you print a copy of this Version for your own records.

  1. General
  2. Services
    1. Property Inspection and Report
    2. Timber Pest Inspection and Report
    3. Property and Timber Pest Inspection and Report
    4. Purchasing Existing Reports
  3. Cancellation Policy
  4. Payment Terms
  5. Client Acceptance

1. General

Properties being inspected may contain obstructions, any furnishings or household items may be concealing potential defects or conducive conditions. These conditions may only become evident once the obstructions are removed.

Further information on possible limitations are detailed in the relevant pre inspection agreements listed below - such as; Property inspection and report, Timber pest inspection and report or "property and timber pest report''

Where the property is occupied - you agree to:

1) Obtain a statement from the owner as to, any Timber Pest activity or damage; timber repairs or other repairs; alterations or repairs to the property known to them; Any Timber Pest treatments with copies of any paperwork issued

2) Indemnify the Inspector from any loss incurred by You relating to the items listed in clause a) above where no such statement is obtained.

3). You agree that We cannot accept any liability for Our failure to report a defect concealed by the owner of the building being inspected and You agree to indemnify Us for any failure to find such concealed defects.

4). Where our report recommends another type of inspection including an invasive inspection and Report then You should have such an inspection carried out either before exchange of contracts or the end of any 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.

If there is anything in this agreement that you do not understand then, prior to the commencement of the inspection, you must contact the Inspector by phone / email or in person to have your matter clarified. Not seeking clarification of the terms and conditions prior to the commencement of the inspection, you then confirm the contents of this agreement have been read and understood and that the inspection will be carried out in accordance with this document. You agree to pay for the inspection on delivery of the Report or as previously arranged with the inspector.

You also agree and confirm that following the receipt of the report(s), you will read them completely and in detail and will seek advice and clarification if there is anything in the report(s) that you do not understand. You confirm that you will not enter into a binding transaction for the purchase of a property until such time as you have received the written report(s) via email or post and have had sufficient time to read the reports completely and seek advice and clarification on anything in the report that you do not understand. We strongly advise against making a decision based on any verbal advice you may receive prior to receiving and reading the written report(s).

The Client releases the Inspector 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 of the Report by the Client to a Person without Our express written permission.

The Client indemnifies the Inspector 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 of the Report by the Client to a Person without Our express written permission.

The below services listed are the pre inspection agreements for the different inspections services

Property Inspection and Report - for example pre purchase building inspection where timber pest inspection is not requested.

Timber Pest Inspection and Report -where only a timber pest inspection is required. No Property (or building inspection, as commonly known) inspection is required

Property and Timber Pest Inspection and Report - where both of the above services are required

Purchasing Existing Reports - Please select relevant agreement for service required

2. Services

2.1 Property Inspection and Report

SPECIAL CONDITIONS

1. The Consultant reserves the right to reject any request for inspection at the consultant's absolute discretion. In this event, any fees, deposit or other monies paid by the client will be refunded.

2. The Consultant shall not be liable for failure to perform any duty or obligation that the consultant 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 outside the reasonable control of the consultant.

SERVICE

As requested by the Client, i.e. the person or persons, for whom the Report is to be carried out or their Principal (i.e. the person or persons for whom the report is being obtained), the inspection is to be based solely
on one of the following options:

Option 1 A Standard Property & Timber Pest Report comprising a Property Report and a Timber Pest Report.

Option 2 A Special-Purpose Inspection Report must include the defined purpose, scope and acceptance criteria on which the inspection report is to be based. A Special-Purpose Inspection Report may include Option 1 as well as the particular requirements of the Client which are specified and where applicable attached to this document.

The Report will be produced for the exclusive use of the Client. The Consultant, their company or firm is not liable for any reliance placed on the report by any third party.

ACCESSIBILITY

Unless noted in "Special Conditions or Instructions", the inspection only covers the Readily Accessible Areas of the Building & Site (see Note below). Note. With strata and company title properties, the inspection is limited to the interior and the immediate exterior of the particular residence being inspected. Common property is not inspected.

Readily Accessible Areas means areas which can be easily and safely inspected without injury to person or property, are up to 3.6 meters above ground or floor levels, in roof spaces where the minimum area of accessibility is not less than 600 mm high by 600 mm wide and subfloor spaces where the minimum area of accessibility is not less than 400 mm high by 600 mm wide, providing the spaces or areas permit entry. The term 'readily accessible' also includes:

(a) accessible subfloor areas on a sloping site where the minimum clearance is not less than 150 mm high, provided that the areas is not more than 2 meters from a point with conforming
clearance (i.e. 400 mm high by 600 mm wide); and

(b) areas at the eaves of accessible roof spaces that are within the consultant's unobstructed line of sight and within arm's length from a point with conforming clearance (i.e. 600 mm high by 600 mm wide).

Building & Site means the inspection of the nominated residence together with relevant features including any car accommodation, detached laundry, ablution facilities and garden sheds, retaining walls- more than 700 mm high, paths and driveways, steps, fencing, earth, embankments, surface water drainage and stormwater run-off within 30 m of the building, but within the property boundaries.

For the timber pest inspection, the term "Building & Site" is extended to include 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 100 mm and timber embedded in soil) and the land within the property boundaries up to a distance of 50 meters from the main building(s).

The inspection does not include areas, which are inaccessible, not readily accessible or obstructed at the time of inspection. Areas, which are not normally accessible are not inspected and include - but not limited to - the
interior of a flat roof or beneath a suspended floor filled with earth. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include - but are not limited to - roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder's debris, vegetation, pavements or earth.

PROPERTY REPORT

Definitions

Building Consultant means a person, business or company who is qualified and experienced to undertake a pre-purchase inspection in accordance with Australian Standard AS 4349.1-2007 'Inspection of Buildings. Part 1: Pre-Purchase Inspections -Residential Buildings'. The consultant must also meet any Government licensing requirement, where applicable.

Structure means the loadbearing part of the building, comprising the Primary Elements.

Primary Elements means those parts of the building providing the basic loadbearing capacity to the Structure, such as foundations, footings, floor framing, loadbearing walls, beams or columns. The term 'Primary Elements'
also includes other structural building elements including: those that provide a level of personal protection such as handrails; floor-to-floor access such as stairways; and the structural flooring of the building such as floorboards.

Structural Damage means a significant impairment to the integrity of the whole or part of the Structure falling into one or more of the following categories:

(a) Structural cracking and Movement -major (full depth) cracking forming in Primary Elements resulting from differential movement between or within the elements of construction, such as foundations, footings, floors, walls and roofs.

(b) Deformation -an abnormal change of shape of Primary Elements resulting from the application of load(s).

(c) Dampness -the presence of moisture within the building, which is causing consequential damage to Primary Elements.

(d) Structural Timber Pest Damage - structural failure, i.e. an obvious weak spot, deformation or even collapse of timber Primary Elements resulting from attack by one or more of the following wood destroying agents: chemical
delignification; fungal decay; wood borers; and termites.

Conditions Conducive to Structural Damage means noticeable building deficiencies or environmental factors that may contribute to the occurrence of Structural Damage.

Secondary Elements means those parts of the building not providing loadbearing capacity to the Structure, or those non-essential elements which, in the main, perform a completion role around openings in Primary Elements and the building in general such as non-loadbearing walls, partitions, wall linings, ceilings, chimneys, flashings, windows, glazing or doors.

Finishing Elements means the fixtures, fittings and finishes applied or affixed to Primary Elements and Secondary Elements such as baths, water closets, vanity basins, kitchen cupboards, door furniture, window hardware, render, floor and wall tiles, trim or paint. The term 'Finishing Elements’ does not include furniture or soft floor coverings such as carpet and lino.

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

Minor Defect means a defect other than a major defect

Serious Safety Hazard means any item that may constitute an immediate or imminent risk to life, health or property. Occupational, health and safety or any other consequence of these hazards has not been assessed.

Tests means where appropriate the carrying out of tests using the following procedures and instruments:

(a) Dampness Tests means additional attention to the visual examination was given to those accessible areas which the consultant's experience has shown to be particularly susceptible to damp problems. Instrument testing using electronic moisture detecting meter of those areas and other visible accessible elements of construction showing evidence of dampness was performed.

(b) Physical Tests means the following physical actions undertaken by the consultant: opening and shutting of doors, windows and draws; operation of taps; water testing of shower recesses; and the tapping of tiles and wall plaster.

Purpose, Scope and Acceptance Criteria

The Property Report ("the Report'') is to be carried out by a Building Consultant ("the Consultant").

PURPOSE OF INSPECTION The purpose of the inspection is to provide advice to the Client regarding the condition of the Building & Site at the time of inspection.

SCOPE OF INSPECTION The Report only covers or deals with any evidence of: Structural Damage; Conditions Conducive to Structural Damage; any Major Defect in the condition of Secondary Elements and Finishing Elements;
collective (but not individual) Minor Defects; and any Serious Safety Hazard discernible at the time of inspection. The inspection is limited to the Readily Accessible Areas of the Building & Site (see Note below) and is based on a visual examination of surface work (excluding furniture and stored items), and the carrying out of Tests.

Note. With strata and company title properties, the inspection is limited to the interior and the immediate exterior of the particular residence to be inspected. Common property is not inspected as part of the Report.

ACCEPTANCE Criterial Unless otherwise agreed and noted in "Special Conditions or Instructions" for this report request, 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.

Unless noted in "Special Conditions or Instructions", the Report assumes that the existing use of the building will continue.

The Report only records the observations and conclusions of the Consultant about the readily observable state of the property at the time of inspection. The Report therefore cannot deal with:

(a) possible concealment of defects, including but not limited to, defects concealed by lack of accessibility, obstructions such as furniture, wall linings and floor coverings, or by applied finishes such
as render and paint; and

(b) undetectable or latent defects, including but not limited to, defects that may not be apparent at the time of inspection due to seasonal changes, recent or prevailing weather conditions, and whether or not services have been used some time prior to the inspection being carried out.

These matters outlined above in (a) & (b) are excluded from consideration in the Report.

If the Client has any doubt about the purpose, scope and acceptance criteria on which the Report is to be based please discuss your concerns with the Consultant before ordering the Report.

The Client acknowledges that, unless stated otherwise, the Client as a matter of urgency should implement any recommendation or advice given in the Report.

Limitations

The Client acknowledges:

1. 'Visual only' inspections are not recommended. A visual only inspection may be of limited use to the Client. In addition to a visual inspection, to thoroughly inspect the Readily Accessible Areas of the property, requires the Consultant to carry out, whenever necessary, appropriate Tests.

2. The Report does not include the inspection and assessment of items or matters outside the scope of the requested inspection and report. Other items or matters may be the subject of a Special-Purpose Inspection
Report, which is adequately specified (see Exclusions below).

3. The Report does not include the inspection and assessment of items or matters that do not fall within the Consultant’s direct expertise.

4. The inspection only covers the Readily Accessible Areas of the property. The inspection does not include areas, which were inaccessible, not readily accessible or obstructed at the time of inspection. Obstructions are defined
as any condition or physical limitation which inhibits or prevents inspection and may include - but are not limited to -roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder's debris, vegetation, pavements or earth.

5. Australian Standard AS4349.0-2007 Inspection of Buildings, Part 0: General Requirements recognises that a property report is not a warranty or an insurance policy against problems developing with the building in the future.

6. The Report was produced for the use of the Client. The Consultant is not liable for any reliance placed on the report by any third party.

Exclusions

The Client acknowledges that the Report does not cover or deal with:

(i) any individual Minor Defect;

(ii) solving or providing costs for any rectification or repair work;

(iii) the structural design or adequacy of any element of construction;

(iv) detection of wood destroying insects such as termites and wood borers;

(v) the operation of fireplaces and chimneys;

(vi) any services including building, engineering (electronic), fire and smoke detection or mechanical;

(vii) lighting or energy efficiency;

(viii) any swimming pools and associated pool equipment or spa baths and spa equipment or the like;

(ix) any appliances such as dishwashers, insinkerators, ovens, stoves and ducted vacuum systems;

(x) a review of occupational, health or safety issues such as asbestos content, the provision of safety glass or the use of lead based paints;

(xi) a review of environmental or health or biological risks such as toxic mould;

(xii) whether the building complies with the provisions of any building Act, code, regulation(s) or by-laws; 

(xiii) whether the ground on which the building rests has been filled, is liable to subside, swell or shrink, is subject to landslip or tidal inundation, or if it is flood prone; and

(xiv) in the case of strata and company title properties, the inspection of common property areas or strata/company records.

Any of the above matters may be the subject of a special-purpose inspection report, which is adequately specified and undertaken by an appropriately qualified inspector.

2.2 Timber Pest Inspection and Report

SPECIAL CONDITIONS

1. The Timber Pest Detection Consultant reserves the right to reject any request for inspection at the consultant’s absolute discretion. In this event, any fees, deposit or other monies paid by the client will be refunded.

2. The Timber Pest Detection Consultant shall not be liable for failure to perform any duty or obligation that the consultant 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 outside the reasonable control of the consultant.

SERVICE

As requested by the Client, the inspection carried out by the Timber Pest Detection Consultant (“the Consultant”) is to be based solely on one of the following options:

Option 1 A Standard Timber Pest Detection Report only deals with the detection or non-detection of Timber Pest Attack and Conditions Conducive to Timber Pest Attack discernible at the time of inspection. The inspection is limited to the Readily Accessible Areas of the Building & Site (see Note 1) and is based on a visual examination of surface work (excluding furniture and stored items), and the carrying out of Tests. Unless otherwise agreed and noted in “Special conditions or Instructions” for this report request, the acceptance criteria against which the subject building will be assessed is: The building being inspected is to be compared with a similar building (see Note 2). To the Consultant's knowledge the similar building used for comparison was constructed in accordance with generally accepted timber pest management practices and has since been maintained during all its life not to attract or support timber pest infestation.

Note 1. With strata and company title properties, the inspection is limited to the interior and the immediate exterior of the particular residence to be inspected. Common property is not inspected as part of the Report. Note 2. 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 Consultant.

Option 2 A Special-Purpose Inspection Report must include the defined purpose, scope and acceptance criteria on which the inspection report is to be based. A Special-Purpose Inspection Report may include Option 1 as well as the particular requirements of the Client which are specified and where applicable attached to this document.

Option 3 In addition to Option 1 a Subterranean Termite Management Proposal in accordance with Australian Standard AS 3660.2 to treat infestation and/or manage the risk of future subterranean termite access to buildings and structures. Unless noted in “Special Conditions or Instructions”, the Report assumes that the existing use of the building will continue.

The Report only records the observations and conclusions of the Consultant about the readily observable state of the property at the time of inspection. The Report therefore cannot deal with:

(a) possible concealment of defects, including but not limited to, defects concealed by lack of accessibility, obstructions such as furniture, wall linings and floor coverings, or by applied finishes such as render and paint; and

(b) undetectable or latent defects, including but not limited to, defects that may not be apparent at the time of inspection due to seasonal changes, recent or prevailing weather conditions, and whether or not services have been used some time prior to the inspection being carried out.

These matters outlined above in (a) & (b) are excluded from consideration in the Report.

If the Client has any doubt about the purpose, scope and acceptance criteria on which the Report is to be based please discuss your concerns with the Consultant before ordering the Report.

The Client acknowledges that, unless stated otherwise, the Client as a matter of urgency should implement any recommendation or advice given in the Report.

LIMITATIONS

The Client acknowledges:

1. The Report does not include the inspection and assessment of matters outside the scope of the requested inspection and report.

2. The inspection only covers the Readily Accessible Areas of the Building and Site.
The inspection does not include areas, which were inaccessible, not readily accessible or obstructed at the time of inspection. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include – but are not limited to – roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements or earth.

3. The detection of drywood termites may be extremely difficult due to the small size of the colonies. No warranty of absence of these termites is given.

4. European House Borer (Hylotrupes bajulus) attack is difficult to detect in the early stages of infestation as the galleries of boring larvae rarely break through the affected timber surface. No warranty of absence of these borers is given. Regular inspections including the carrying out of appropriate tests are required to help monitor susceptible timbers.

5. The Report is not a structural damage report. Neither is it a warranty as to the absence of timber pest attack.

6. If the inspection is to be limited to any particular type(s) of timber pest (e.g. termites), then this would be the subject of a Special- Purpose Inspection Report, which is adequately specified.

7. The Report does not cover or deal with environmental risk assessment or biological risks not associated with Timber Pests (e.g. toxic mould) or occupational, health or safety issues. Such advice may be the subject of a Special-Purpose Inspection Report which is adequately specified and must be undertaken by an appropriately qualified inspector. The choice of such inspector is a matter for the Client.

8. The Inspection Report is to be produced for the use of the Client named in this Pre-Engagement Inspection Agreement. The Consultant or their firm or company are not liable for any reliance placed on the report by any third party.

EXCLUSIONS

The Client acknowledges:

1. The Report does not deal with any timber pest preventative or treatment measures, or provide costs for the control, rectification or prevention of attack by timber pests. However, this additional information or advice may be the subject of a Timber Pest Management Proposal, which is adequately specified.

DEFINITIONS

Timber Pest Attack means Timber Pest Activity and/or Timber Pest Damage.

Timber Pest Activity means tell-tale signs associated with ‘active’ (live) and/or ‘inactive’ (absence of live) Timber Pests at the time of inspection.

Timber Pest Damage means noticeable impairments to the integrity of timber and other susceptible materials resulting from attack by Timber Pests.

Major Safety Hazard means any item that may constitute an immediate or imminent risk to life, health or property resulting directly from Timber Pest Attack. Occupational, health and safety or any other consequence of these hazards has not been assessed.

Conditions Conducive to Timber Pest Attack means noticeable building deficiencies or environmental factors that may contribute to the presence of Timber Pests.

Readily Accessible Areas means areas which can be easily and safely inspected without injury to person or property, are up to 3.6 metres above ground or floor levels, in roof spaces where the minimum area of accessibility is not less than 600 mm high by 600 mm wide and subfloor spaces where the minimum area of accessibility is not less than 400 mm high by 600 mm wide, providing the spaces or areas permit entry.

The term ‘readily accessible’ also includes:

(a) accessible subfloor areas on a sloping site where the minimum clearance is not less than 150 mm high, provided that the areas is not more than 2 metres from a point with conforming clearance (i.e. 400 mm high by 600 mm wide); and

(b) areas at the eaves of accessible roof spaces, that are within the consultant’s unobstructed line of sight and within arm’s length from a point with conforming clearance (i.e. 600 mm high by 600 mm wide).

Client means the person or persons, for whom the Timber Pest Detection Report is to be carried out or their Principal. (i.e. the person or persons for whom the report is being obtained.)

Timber Pest Detection Consultant means a person who meets the minimum skills requirement set out in the current Australian Standard AS 4349.3 Inspections of Buildings. Part 3: Timber Pest Inspection Reports or state/territory legislation requirements beyond this Standard, where applicable.

Building and Site means 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 distance of 50 metres from the main building(s).

Timber Pests means one or more of the following wood destroying agents which attack timber in service and affect its structural properties:

(a) Chemical Delignification - the breakdown of timber through chemical action.

(b) Fungal Decay - the microbiological degradation of timber caused by soft rot fungi and decay fungi, but does not include mould, which is a type of fungus that does not structurally damage wood.

(c) Wood Borers - wood destroying insects belonging to the order ‘Coleoptera’ which commonly attack seasoned timber.

(d) Termites - wood destroying insects belonging to the order ‘Isoptera’ which commonly attack seasoned timber.

Tests means additional attention to the visual examination was given to those accessible areas which the consultant’s experience has shown to be particularly susceptible to attack by Timber Pests. Instrument Testing of those  areas and other visible accessible timbers/materials/areas showing evidence of attack was performed.

Instrument Testing means where appropriate the carrying out of Tests using the following techniques and instruments:

(a) electronic moisture detecting meter - an instrument used for assessing the moisture content of building elements;

(b) stethoscope - an instrument used to hear sounds made by termites within building elements; 

(c) probing - a technique where timber and other materials/areas are penetrated with a sharp instrument (e.g. bradawl or pocket knife), but does not include probing of decorative timbers or finishes, or the drilling of timber and trees; and

(d) sounding – a technique where timber is tapped with a solid object.

2.3 Property and Timber Pest Inspection and Report

SPECIAL CONDITIONS

1. The Consultant reserves the right to reject any request for inspection at the consultant’s absolute discretion. In this event, any fees, deposit or other monies paid by the client will be refunded.

2. The Consultant shall not be liable for failure to perform any duty or obligation that the consultant 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 outside the reasonable control of the consultant.

SERVICE

As requested by the Client, i.e. the person or persons, for whom the Report is to be carried out or their Principal (i.e. the person or persons for whom the report is being obtained), the inspection is to be based solely on one of the following options:

Option 1 A Standard Property & Timber Pest Report comprising a Property Report and a Timber Pest Report.

Option 2 A Special-Purpose Inspection Report must include the defined purpose, scope and acceptance criteria on which the inspection report is to be based. A Special-Purpose Inspection Report may include Option 1 as well as the particular requirements of the Client which are specified and where applicable attached to this document.

The Report will be produced for the exclusive use of the Client. The Consultant, their company or firm is not liable for any reliance placed on the report by any third party.

ACCESSIBILITY

Unless noted in “Special Conditions or Instructions”, the inspection only covers the Readily Accessible Areas of the Building & Site (see Note below).

Note. With strata and company title properties, the inspection is limited to the interior and the immediate exterior of the particular residence being inspected. Common property is not inspected.

Readily Accessible Areas means areas which can be easily and safely inspected without injury to person or property, are up to 3.6 metres above ground or floor levels, in roof spaces where the minimum area of accessibility is not less than 600 mm high by 600 mm wide and subfloor spaces where the minimum area of accessibility is not less than 400 mm high by 600 mm wide, providing the spaces or areas permit entry. The term ‘readily accessible’ also includes:

(a) accessible subfloor areas on a sloping site where the minimum clearance is not less than 150 mm high, provided that the areas is not more than 2 metres from a point with conforming clearance (i.e. 400 mm high by 600 mm wide); and

(b) areas at the eaves of accessible roof spaces that are within the consultant’s unobstructed line of sight and within arm’s length from a point with conforming clearance (i.e. 600 mm high by 600 mm wide).

Building & Site means the inspection of the nominated residence together with relevant features including any car accommodation, detached laundry, ablution facilities and garden sheds, retaining walls more than 700 mm high, paths and driveways, steps, fencing, earth, embankments, surface water drainage and stormwater run-off within 30 m of the building, but within the property boundaries.

For the timber pest inspection, the term “Building & Site” is extended to include 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 100 mm and timber embedded in soil) and the land within the property boundaries up to a distance of 50 metres from the main building(s).

The inspection does not include areas, which are inaccessible, not readily accessible or obstructed at the time of inspection. Areas, which are not normally accessible are not inspected and include - but not limited to - the interior of a flat roof or beneath a suspended floor filled with earth. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include – but are not limited to – roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements or earth.

PROPERTY REPORT

Definitions

Building Consultant means a person, business or company who is qualified and experienced to undertake a pre-purchase inspection in accordance with Australian Standard AS 4349.1-2007 ‘Inspection of Buildings. Part 1: Pre- purchase Inspections – Residential Buildings’. The consultant must also meet any Government licensing requirement, where applicable.

Structure means the loadbearing part of the building, comprising the Primary Elements.

Primary Elements means those parts of the building providing the basic loadbearing capacity to the Structure, such as foundations, footings, floor framing, loadbearing walls, beams or columns. The term ‘Primary Elements’ also includes other structural building elements including: those that provide a level of personal protection such as handrails; floor-to-floor access such as stairways; and the structural flooring of the building such as floorboards.

Structural Damage means a significant impairment to the integrity of the whole or part of the Structure falling into one or more of the following categories:

(a) Structural Cracking and Movement – major (full depth) cracking forming in Primary Elements resulting from differential movement between or within the elements of construction, such as foundations, footings, floors, walls and roofs.

(b) Deformation – an abnormal change of shape of Primary Elements resulting from the application of load(s).

(c) Dampness – the presence of moisture within the building, which is causing consequential damage to Primary Elements.

(d) Structural Timber Pest Damage – structural failure, i.e. an obvious weak spot, deformation or even collapse of timber Primary Elements resulting from attack by one or more of the following wood destroying agents: chemical delignification; fungal decay; wood borers; and termites.

Conditions Conducive to Structural Damage means noticeable building deficiencies or environmental factors that may contribute to the occurrence of Structural Damage.

Secondary Elements means those parts of the building not providing loadbearing capacity to the Structure, or those non-essential elements which, in the main, perform a completion role around openings in Primary Elements and the building in general such as non-loadbearing walls, partitions, wall linings, ceilings, chimneys, flashings, windows, glazing or doors.

Finishing Elements means the fixtures, fittings and finishes applied or affixed to Primary Elements and Secondary Elements such as baths, water closets, vanity basins, kitchen cupboards, door furniture, window hardware, render, floor and wall tiles, trim or paint. The term ‘Finishing Elements’ does not include furniture or soft floor coverings such as carpet and lino.

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

Minor Defect means a defect other than a Major Defect.

Serious Safety Hazard means any item that may constitute an immediate or imminent risk to life, health or property. Occupational, health and safety or any other consequence of these hazards has not been assessed.

Tests means where appropriate the carrying out of tests using the following procedures and instruments:

(a) Dampness Tests means additional attention to the visual examination was given to those accessible areas which the consultant’s experience has shown to be particularly susceptible to damp problems. Instrument testing using electronic moisture detecting meter of those areas and other visible accessible elements of construction showing evidence of dampness was performed.

(b) Physical Tests means the following physical actions undertaken by the consultant: opening and shutting of doors, windows and draws; operation of taps; water testing of shower recesses; and the tapping of tiles and wall plaster.

Purpose, Scope and Acceptance Criteria

The Property Report (“the Report”) is to be carried out by a Building Consultant (“the Consultant”).

PURPOSE OF INSPECTION The purpose of the inspection is to provide advice to the Client regarding the condition of the Building & Site at the time of inspection.

SCOPE OF INSPECTION The Report only covers or deals with any evidence of: Structural Damage; Conditions Conducive to Structural Damage; any Major Defect in the condition of Secondary Elements and Finishing Elements; collective (but not individual) Minor Defects; and any Serious Safety Hazard discernible at the time of inspection. The inspection is limited to the Readily Accessible Areas of the Building & Site (see Note below) and is based on a visual examination of surface work (excluding furniture and stored items), and the carrying out of Tests.

Note. With strata and company title properties, the inspection is limited to the interior and the immediate exterior of the particular residence to be inspected. Common property is not inspected as part of the Report.

ACCEPTANCE CRITERIA Unless otherwise agreed and noted in “Special Conditions or Instructions” for this report request, 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.

Unless noted in “Special Conditions or Instructions”, the Report assumes that the existing use of the building will continue.

The Report only records the observations and conclusions of the Consultant about the readily observable state of the property at the time of inspection. The Report therefore cannot deal with:

(a) possible concealment of defects, including but not limited to, defects concealed by lack of accessibility, obstructions such as furniture, wall linings and floor coverings, or by applied finishes such as render and paint; and

(b) undetectable or latent defects, including but not limited to, defects that may not be apparent at the time of inspection due to seasonal changes, recent or prevailing weather conditions, and whether or not services have been used some time prior to the inspection being carried out.

These matters outlined above in (a) & (b) are excluded from consideration in the Report.

If the Client has any doubt about the purpose, scope and acceptance criteria on which the Report is to be based please discuss your concerns with the Consultant before ordering the Report.

The Client acknowledges that, unless stated otherwise, the Client as a matter of urgency should implement any recommendation or advice given in the Report.

Limitations

The Client acknowledges:

1. ‘Visual only’ inspections are not recommended. A visual only inspection may be of limited use to the Client. In addition to a visual inspection, to thoroughly inspect the Readily Accessible Areas of the property requires the Consultant to
carry out whenever necessary appropriate Tests.

2. The Report does not include the inspection and assessment of items or matters outside the scope of the requested inspection and report. Other items or matters may be the subject of a Special-Purpose Inspection Report, which is adequately specified (see Exclusions below).

3. The Report does not include the inspection and assessment of items or matters that do not fall within the Consultant’s direct expertise.

4. The inspection only covers the Readily Accessible Areas of the property. The inspection does not include areas, which were inaccessible, not readily accessible or obstructed at the time of inspection. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include – but are not limited to – roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements or earth.

5. Australian Standard AS4349.0-2007 Inspection of Buildings, Part 0: General Requirements recognises that a property report is not a warranty or an insurance policy against problems developing with the building in the future.

6. The Report was produced for the use of the Client. The Consultant is not liable for any reliance placed on the report by any third party.

Exclusions

The Client acknowledges that the Report does not cover or deal with:

(i) any individual Minor Defect;

(ii) solving or providing costs for any rectification or repair work;

(iii) the structural design or adequacy of any element of construction;

(iv) detection of wood destroying insects such as termites and wood borers;

(v) the operation of fireplaces and chimneys;

(vi) any services including building, engineering (electronic), fire and smoke detection or mechanical;

(vii) lighting or energy efficiency;

(viii) any swimming pools and associated pool equipment or spa baths and spa equipment or the like;

(ix) any appliances such as dishwashers, insinkerators, ovens, stoves and ducted vacuum systems;

(x) a review of occupational, health or safety issues such as asbestos content, the provision of safety glass or the use of lead based paints;

(xi) a review of environmental or health or biological risks such as toxic mould;

(xii) whether the building complies with the provisions of any building Act, code, regulation(s) or by-laws;

(xiii) whether the ground on which the building rests has been filled, is liable to subside, swell or shrink, is subject to landslip or tidal inundation, or if it is flood prone; ; and

(xiv) in the case of strata and company title properties, the inspection of common property areas or strata/company records.

Any of the above matters may be the subject of a special-purpose inspection report, which is adequately specified and undertaken by an appropriately qualified inspector.

TIMBER PEST REPORT

Definitions

Timber Pest Attack means Timber Pest Activity and/or Timber Pest Damage.

Timber Pest Activity means tell-tale signs associated with ‘active’ (live) and/or ‘inactive’ (absence of live) Timber Pests at the time of inspection.

Timber Pest Damage means noticeable impairments to the integrity of timber and other susceptible materials resulting from attack by Timber Pests.

Major Safety Hazard means any item that may constitute an immediate or imminent risk to life, health or property resulting directly from Timber Pest Attack. Occupational, health and safety or any other consequence of these hazards has not been assessed.

Conditions Conducive to Timber Pest Attack means noticeable building deficiencies or environmental factors that may contribute to the presence of Timber Pests.

Timber Pest Detection Consultant means a person who meets the minimum skills requirement set out in the current Australian Standard AS 4349.3 Inspections of Buildings. Part 3: Timber Pest Inspection Reports or state/territory legislation requirements beyond this Standard, where applicable.

Timber Pests means one or more of the following wood destroying agents which attack timber in service and affect its structural properties:

(a) Chemical Delignification - the breakdown of timber through chemical action.

(b) Fungal Decay - the microbiological degradation of timber caused by soft rot fungi and decay fungi, but does not include mould, which is a type of fungus that does not structurally damage wood.

(c) Wood Borers - wood destroying insects belonging to the order ‘Coleoptera’ which commonly attack seasoned timber.

(d) Termites - wood destroying insects belonging to the order ‘Isoptera’ which commonly attack seasoned timber.

Tests means additional attention to the visual examination was given to those accessible areas which the consultant’s experience has shown to be particularly susceptible to attack by Timber Pests. Instrument Testing of those areas and other visible accessible timbers/materials/areas showing evidence of attack was performed.

Instrument Testing means where appropriate the carrying out of Tests using the following techniques and instruments:

(a) electronic moisture detecting meter - an instrument used for assessing the moisture content of building elements;

(b) stethoscope - an instrument used to hear sounds made by termites within building elements;

(c) probing - a technique where timber and other materials/areas are penetrated with a sharp instrument (e.g. bradawl or pocket knife), but does not include probing of decorative timbers or finishes, or the drilling of timber and trees; and

(d) sounding - a technique where timber is tapped with a solid object.

Purpose, Scope and Acceptance Criteria

The Timber Report (“the Report”) is to be carried out by a Timber Pest Detection Consultant (“the Consultant”).

PURPOSE The purpose of the inspection is to assist the Client to identify and understand any Timber Pest issues observed at the time of inspection.

SCOPE OF INSPECTION The Report only deals with the detection or non-detection of Timber Pest Attack and Conditions Conducive to Timber Pest Attack discernible at the time of inspection. The inspection is limited to the Readily Accessible Areas of the Building & Site (see Note below) and is based on a visual examination of surface work (excluding furniture and stored items), and the carrying out of Tests.

Note. With strata and company title properties, the inspection is limited to the interior and the immediate exterior of the particular residence to be inspected. Common property is not inspected as part of the Report.

ACCEPTANCE CRITERIA Unless otherwise agreed and noted in “Special Conditions or Instructions” for this report request, the building being inspected is to be compared with a similar building. To the Consultant's knowledge the similar building used for comparison was constructed in accordance with generally accepted timber pest management practices and has since been maintained during all its life not to attract or support timber pest infestation.

Note. 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 Consultant.

Unless noted in “Special Conditions or Instructions”, the Report assumes that the existing use of the building will continue.

The Report only records the observations and conclusions of the Consultant about the readily observable state of the property at the time of inspection. The Report therefore cannot deal with:

(a) possible concealment of defects, including but not limited to, defects concealed by lack of accessibility, obstructions such as furniture, wall linings and floor coverings, or by applied finishes such as render and paint; and

(b) undetectable or latent defects, including but not limited to, defects that may not be apparent at the time of inspection due to seasonal changes, recent or prevailing weather conditions, and whether or not services have been used some time prior to the inspection being carried out.

These matters outlined above in (a) & (b) are excluded from consideration in the Report.

If the Client has any doubt about the purpose, scope and acceptance criteria on which the Report is to be based please discuss your concerns with the Consultant before ordering the Report.

The Client acknowledges that, unless stated otherwise, the Client as a matter of urgency should implement any recommendation or advice given in the Report.

Limitations

The Client acknowledges:

1. The Report does not include the inspection and assessment of matters outside the scope of the requested inspection and report.

2. The inspection only covers the Readily Accessible Areas of the Building and Site. The inspection does not include areas which were inaccessible, not readily accessible or obstructed at the time of inspection. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include – but are not limited to – roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements or earth.

3. The detection of drywood termites may be extremely difficult due to the small size of the colonies. No warranty of absence of these termites is given.

4. European House Borer (Hylotrupes bajulus) attack is difficult to detect in the early stages of infestation as the galleries of boring larvae rarely break through the affected timber surface. No warranty of absence of these borers is given. Regular inspections including the carrying out of appropriate tests are required to help monitor susceptible timbers.

5. The Report is not a structural damage report. Neither it a warranty as to the absence of Timber Pest Attack.

6. If the inspection is to be limited to any particular type(s) of timber pest (e.g. subterranean termites), then this would be the subject of a Special-Purpose Inspection Report, which is adequately specified.

7. The Report does not cover or deal with environmental risk assessment or biological risks not associated with Timber Pests (e.g. toxic mould) or occupational, health or safety issues. Such advice may be the subject of a Special-Purpose Inspection Report which is adequately specified and must be undertaken by an appropriately qualified inspector. The choice of such inspector is a matter for the Client.

8. The Report has been produced for the use of the Client. The Consultant or their firm or company are not liable for any reliance placed on the report by any third party.

Exclusions 

The Client acknowledges: 

1. The Report does not deal with any timber pest preventative or treatment measures, or provide costs for the control, rectification or prevention of attack by timber pests. However, this additional information or advice may be the subject of a timber pest management proposal which is adequately specified. 

2.4 Purchasing Existing Reports

Please refer to relevant section above in regard to type of report purchased. 

3. Cancellation policy

Cancellations, once the inspection has been booked and on the same day may incur a cancellation fee between 10% and up to 50% of the sum invoiced.

4. Payment Terms

Payment is due prior to or at the time of the inspection, the report will not be released without payment. Payment options, you can make a direct debit into our account – Invoice number as a reference

Solicitiors and Conveyancers - Payment on settlement if previously discussed

Direct banking details

Account name "All Inspections"

BSB 012 209

Account no 2817 59311

Or pay by card Visa/MasterCard

Account Type (Please Circle): Visa MasterCard

Cardholder Name _________________________________________________

Account Number _____________________________________________

Expiration Date ____________

CVV2 (3-digit number on back of Visa/MC) ______

5. Client Acceptance

You should print, sign and return this agreement to your "All Inspections" Representative before your inspection takes place. Alternatively, your engagement of our services implies acceptance of this agreement.

I / We: ______________________________________________ accept the terms outlined above.

Inspection Address: _____________________________________

Amount invoiced: _____________

Date: ___________________

 

 

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