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The inspection agreement between Inspect-A-Build Building Inspections and the Client is a “Pre-Purchase Standard Property Report” conducted in accordance with Australian Standard AS 4349.1-2007.
1. PURPOSE OF INSPECTION
1.1 The purpose of the inspection is to provide advice to the Client regarding the condition of the Building & Site at the time of inspection.
2.1 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.
2.2 The inspection is limited to the Readily Accessible Areas of the Building & Site and is based on a visual examination of surface work (excluding furniture and stored items), and the carrying out of Tests.
3. ACCEPTANCE CRITERIA
3.1 The building is 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.
3.2 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.
3.3 The Client acknowledges that, unless stated otherwise, the Client as a matter of urgency should implement any recommendation or advice given in the Report.
The Client acknowledges:
4.1 In accordance with AS 4349.1-2007 this is a “visual only” inspection to assess the general condition of the building and report on any major defects to the structural integrity of the building elements that may be apparent at the time of the inspection;
4.2 The inspection report does not include assessment of items outside the scope of the requested inspection report, unless specified in writing. Other items or matters may be the subject of a Special-Purpose Inspection Report;
4.3. The Report does not include the inspection and assessment of items or matters that do not fall within the Consultants direct expertise;
4.4. The inspection only covers the Readily Accessible Areas of the property. The inspection does not include areas that are 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, builders debris, vegetation, pavements or earth;
4.5. The Report is produced for the use of the Client. The Consultant is not liable for any reliance placed on this report by any third party.
5. DISCLAIMER OF LIABILITIES
5.1 The report is provided solely for the use and benefit of the Client named in the report. No liability or responsibility whatsoever, in contract or tort is accepted to any third party that may rely on the report wholly or in part. Any third party acting or relying on the report in whole or in part does so at his or her own risk. The building inspection report has been commissioned by the Client and is not transferable.
5.2 No liability is accepted whatsoever for failure of this building inspection report to detect or report any problems that may occur in areas that were inaccessible to the inspector at the time of the inspection. These areas are excluded from and do not form part of the report. Any such areas may be subject of an additional inspection and monetary cost.
5.3 No responsibility can be accepted for defects that are latent or otherwise not reasonably detected on a visual inspection without interference with or removal of any of the structure including fixtures or fittings within the building.
5.4 The report is only valid for the date of inspection and is based on the condition of the property at time of inspection.
5.5 Inspect-A-Build Building Inspections owns the copyright and all other intellectual property rights in connection with the preparation of the report. Unless Inspect-A-Build Building Inspections agrees otherwise the client may use the contents of the report only for the limited purpose to which the report was created. Inspect-A-Build Building Inspections has the right to on-sell the inspection report to 3rd parties subject to removal of any specific client details. All rights reserved.
6. TIMBER PEST INSPECTION CO-ORDINATION
6.1 If a request for co-ordination of a timber pest inspection service is made at the time of booking a building inspection, the Client does so with the acknowledgement and acceptance of the following conditions:
(1) Inspect-A-Build Building Inspections does not carry out the pest Inspection service or produce the written report;
(2) Inspect-A-Build Building Inspections simply conveys information to independent companies to arrange place and time for completion of the pest inspection;
(3) All pest inspection providers are to provide their own current professional indemnity insurance. The Client and the provider indemnify Inspect-A-Build Building Inspections to and from any omissions, errors, damage, consequences and legal action resulting from the pest inspection services and reports;
(4) Inspect-A-Build Building Inspections does not carry professional indemnity insurance that relates to pest inspection services;
(5) Inspect-A-Build Building Inspections cannot and does not accept liability in relation to the pest Inspection providers’ service, and/or content of written reports or warranties that may be provided. The Client’s acceptance of the pest inspection co-ordination service that Inspect-A-Build Building Inspections provides is done so based on your full understanding and acceptance of these conditions.
7. CONSUMER COMPLAINTS PROCEDURE
7.1 In the event of any controversy or claim arising out of, or relating to the report, either party must be given written notice of the dispute to the other party. If the dispute is not resolved within ten (10) days from the service of the notice then the dispute shall be referred to a mediator nominated by the inspector. Should the dispute not be resolved by mediation then either party may refer the dispute to the Institute of Arbitrators and Mediators of Australia for resolution by arbitration.
The Client acknowledges that the Report does not cover or deal with:
• any individual Minor Defect;
• solving or providing costs for any rectification or repair work;
• the structural design or adequacy of any element of construction;
• detection of wood destroying insects such as termites and wood borers;
• the operation of fireplaces and chimneys;
• any services including building, engineering (electronic), fire and smoke detection or mechanical;
• lighting or energy efficiency;
• any swimming pools and associated pool equipment or spa baths and spa equipment or the like;
• any appliances such as dishwashers, insinkerators, ovens, stoves and ducted vacuum systems;
• a review of occupational, health or safety issues such as asbestos content, the provision of safety glass or the use of lead based paints;
• a review of environmental or health or biological risks such as toxic mould;
• whether the building complies with the provisions of any building Act, code, regulation(s) or by-laws;
• 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
• 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.
9. CLIENT ACKNOWLEDGEMENT
9.1 The client acknowledges that the inspection report is not intended to stringently scrutinise the structural elements but to visually assess them and form an opinion.
9.2 The report is not a warranty or an insurance policy against problems that might arise in the future.
9.3 The extent of the report is limited to the initial inspection agreement. Additional items outside the scope of the report, such as re-inspections, mediation, court appearance or expert witness testimonials, but not limited to these will be subject to an additional monetary cost.
9.4 A copy of the Standard can be purchased from Standards Australia.
9.5 Our engagement is confined to that of a Building Consultant and not a Building surveyor or a Structural Engineer.
9.6 The report remains the property of Inspect-A-Build Building Inspections until full payment is received or defaults are reclaimed at the clients cost.
9.7 The client acknowledges that in booking the inspection they agree to the Terms & Conditions listed, that the inspection will be carried out in accordance with this agreement and cancelations at short notice may incur a minimum charge.