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TERMS AND CONDITIONS

CLAUSE A.1 – TERMS AND CONDITIONS

TERMS OF ENGAGEMENT

1.     Upon the Client submitting a request for the referral of a Consultant, Your Building Inspector Pty Ltd ACN 627 108 794 as trustee for Your Building Inspector Unit Trust (“Your Building Inspector”) will refer a Consultant (the “Consultant”) to the Client to provide the Services.  Your Building Inspector will not be liable to the Client for any action or non-action of the Consultant or for the Report provided to the Client by the Consultant.  Your Building Inspector makes no representations to the Client about the ability, expertise or experience of the Consultant.  Any liability attaching to Your Building Inspector by law including pursuant to the Competition and Consumer Act Cth is limited to the extent allowed by law.  Your Building Inspector’s sole role is to refer a Consultant to the Client for the Client’s consideration.

2.     The Client engages the Consultant to provide the Report and the Services in accordance with these Terms and Conditions.

3.     These Terms and Conditions are binding upon the Client and the Consultant.

4.     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.

5.     The Client may request Your Building Inspector to refer an alternative Consultant (and not the Consultant referred by Your Building Inspector) prior to the Consultant attending at the Building & Site by notice in writing to Your Building Inspector at the email address specified on www. yourbuildinginspector.com.au (the “website”).  These Terms and Conditions will apply to the alternative Consultant.

6.     The Client may cancel a request for the Services however will not be entitled to a refund of moneys paid if that cancellation occurs within 24 hours of the scheduled inspection time.  Cancellations must occur through the website or by telephoning Your Building Inspector on the phone number specified on the Website.

7.     The Consultant shall not be liable for failure to perform any duty or obligation or supply any service for which the Consultant has been engaged to provide, where such failure has been caused by inclement weather, industrial disturbance, inevitable accident, inability to obtain labour or transportation, reasonable concern for the health or safety of the Consultant, access to the Residence is unlawful, the Client has not made the Building or Site accessible, the Consultant is otherwise prevented from gaining access to the Building or Site or any cause outside the reasonable control of the Consultant.

SERVICE

Client means the person or entity who has requested the Report through submission of a request for a Report on www. yourbuildinginspector.com.au and includes the Client’s Principal (the person or entity for whom the report is being obtained) and if more than one then jointly and severally.

The inspection is 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 or

Option 2 A Special-Purpose Inspection Report which includes the defined purpose, scope and acceptance criteria on which the inspection report is to be based (“Criteria”). A Special-Purpose Inspection Report may include Option 1 as well as the particular requirements of the Client (“Client Requirements”).  The Criteria and Client Requirements must be advised to the Consultant and accepted by the Consultant in writing in order for them to be binding.  It is anticipated this will be done through the submission of a special request on the website at the time of submitting the request for the referral of a Consultant or may be done by email or otherwise in writing.

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).  The Special Conditions or Instructions must be completed at the time of submitting the request for the referral of a Consultant.  By accepting the appointment as a Consultant the Consultant agrees to be bound by the terms of the Special Conditions and Instructions.  If the Client wishes to introduce Special Conditions or Instructions after submitting a request for a referral of a Consultant then that can be done via email or otherwise in writing, it will be at the discretion of the Consultant as to whether the Consultant agrees to be bound by the Special Conditions or Instructions.

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.

“immediate exterior” means the immediate facades of the Building but does not include other exterior surfaces or detached buildings or common areas.

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 Areas’ 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 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 Obstructions prevent access 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

Consultant means a person, business or company referred by Your Building Inspector who is a Building Consultant in that they are 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’ and 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”, the Building & Site 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 Building & Site 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, a thorough inspection of the Readily Accessible Areas of the Building & Site, 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 Inspection outlined above. 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.  The Consultant’s is limited to the provision of general advice about major and minor (collective) defects regarding visible and accessible areas of the Building & Site but does not extend so far as to give solutions, the Consultant may however recommend obtaining advice from relevant specialists or experts.

4.         The inspection only covers the Readily Accessible Areas of the Building & 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.

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.

7.         Liability of the Consultant is limited to the greatest extent allowed by law including any liability under the Competition and Consumer Act Cth.

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 telltale 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.

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 & Site being inspected is to be compared with a similar building. To the Consultant’s knowledge the similar Building & Site 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 & Site is not comparable to a similar Building & Site  (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 & Site will continue.

The Report only records the observations and conclusions of the Consultant about the readily observable state of the Building & Site 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.The inspection only covers the Readily Accessible Areas of the Building & 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.

2.         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.

3.         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.

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

5.         If the inspection is to be limited to any particular type(s) of timber pest (e.g. subterranean termites), then this will be specified in the Special Conditions and or Instructions provided in accordance with this Terms and Conditions.

6.         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.

7.         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.

8.         Liability of the Consultant is limited to the greatest extent allowed by law including any liability under the Competition and Consumer Act Cth.

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.

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