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Terms and Conditions

Disclaimer

This standard report will be prepared by us with reasonable care. However, it is a professional subjective opinion on the condition of the property at the date and time of inspection. It is not a guarantee, warranty or an insurance policy against problems including, without limitation those arising after the Inspection Date.

You acknowledge that this disclaimer forms an integral part of the report and that by accepting or paying for this Report, you agree to the disclaimers, exclusions and other conditions set out in this disclaimer.

This report is not an all encompassing document dealing with the building from every aspect. It only seeks to identify significant defects apparent at the Inspection Date. Whether or not a defect is considered significant can relate to the age and type of the building inspected.

This is not a structural report. For advice of a structural nature contact a structural engineer.

Identification of hazardous materials or situations that may be in the building or on or near the property is outside the scope of this inspection and the same is expressly excluded from the scope of the report.

This report is not a certificate of compliance of the property under any act, regulation, ordinance, local law or by-law. It is not a warranty against problems developing with the building in the future.

This report does not include the detection and identification of unauthorised or illegal building, plumbing or electrical work or of work not compliant with building regulations and the same is expressly excluded from the scope of the report.

With respect to minor defects, the inspection is limited to reporting on their overall extent, where apparent to the inspector not listing each one.

We did not necessarily note or comment on minor faults or defect. Minor faults or defects are defined in AS4349.1 – 2007 as those which, in view of the age, type or condition of the property, do not require substantial repairs or urgent attention and rectification. Minor defects are common to most properties and may include minor blemishes, corrosion, minor cracking, weathering, operational defects in doors, windows and associated hardware, general deterioration, unevenness, and minor physical damage to materials and finishes.

This is a visual inspection only, limited to those areas and sections of the property fully, easily and safely accessible and visible to the inspector on the Inspection Date. We have not inspected woodwork or other parts of the structure which are covered, unexposed, unsafe or inaccessible and we are therefore unable to report that any such part of the structure is free from defect. The inspection did not include breaking apart, dismantling, removing or moving objects including, but not limited to, foliage, moldings, roof insulation/sisalation, floor or wall coverings, sidings, ceilings, floors, furnishings, appliances or personal possessions. The inspector does not inspect inside walls, between floors, inside skillion roofing, behind stored goods in cupboards and other areas that are concealed or obstructed. The inspector did not dig, gouge, force or perform invasive procedures. Visible timbers were not destructively probed or hit.

The inspection does not cover areas where access was denied or unavailable to the inspector or defects that may have been concealed or where the identification of a defect may be subject to the prevailing weather conditions or to patterns of use or occupancy of the property.

It does not cover the presence or absence of timber pests; gas-fittings; common property areas; environmental concerns; the proximity of the property to flight paths, railways, or busy traffic; noise levels; health and safety issues; heritage concerns; security concerns; fire protection; seepage; swimming pools/spas; durability of exposed finishes; neighbourhood problems; document analysis; electrical installation; or any other matter regulated by statute.

Where within the competency of the inspector and upon request, specific matters may be covered under the terms of an additional Special-purpose Property Report if such matters are raised by the Client in advance.

PESTS: Unless stated otherwise, we do not hold a pest control licence and this report does not cover, in any way, detection of pests. This is expressly excluded from the scope of this report. You should be aware that the detection of termites (and other pests) usually requires access to areas beyond the areas accessed by the inspector for this report (and beyond the definition of reasonably accessible as per AS4349.1 – 2007), as well as the use of specialised equipment, drilling of timber, removal of floor coverings and cladding and so on, and also will take time in excess of that allowed in this standard report. If you require a termite or other pest inspection (and the protection of a guarantee) you should contact a licensed pest controller and arrange for inspection and/or treatment. We shall not be liable in respect of any claim or Loss arising from or in respect of the following:

  • Non-inspection of woodwork on other parts of the structure which are covered, unexposed or inaccessible and we are therefore unable to report that any such part of the structure is free from defect.
  • Any opinion, estimate, report, quotation, recommendation or warranty whether oral or written provided by or on behalf of this company, for the cost of repairs, rectification, construction and or replacement of property and or premises as a result of damage to that property or premises due to pest infestation.

ASBESTOS: No inspection or testing for asbestos was done and no report on the presence or absence of asbestos is provided. The same is expressly excluded under this report. If during the course of the inspection materials possibly containing asbestos were apparent it may be noted in the report but the inspector has no obligation whatsoever to report on asbestos. Buildings built prior to 1989 commonly have materials that contain asbestos and buildings built up until the early 90s may contain some asbestos. Where in any doubt, the material should be assumed to contain asbestos unless testing determines otherwise and you should consider obtaining advice from an asbestos expert. Sanding, drilling, cutting, removing sheeting or disturbing products containing asbestos that results in releasing airborne asbestos fibers is a health risk. Any comments made stating that asbestos was noted is results in releasing airborne asbestos fibers is a health risk. Any comments made stating that asbestos was noted is subject to confirmation via a laboratory test at your expense.

MOULD: No inspection for mould was done and no report on the presence or absence of mould is provided. The same is expressly excluded under this report. If in the course of the inspection, mould happened to be noticed it may be noted in the report but the inspector has no obligation whatsoever to report on mould. If you are concerned as to the possible health risk resulting from any mould you should seek advice from a relevant expert.

POOLS: We are not qualified to provide any advice on the design or specification of swimming pools or outer or related buildings or to supervise the construction of swimming pools or associated building services. No inspection was done and no report was made on any swimming pool or outer or related buildings on the property. The same is expressly excluded under this report. If you wish your swimming or outer or related buildings to be inspected, you will need to seek advice from an expert in that area at your own cost.

COSTING ADVICE: Australian Standard AS 4349.1 – 2007 excludes provision of costing advice. Any cost advice provided verbally or in this report must be taken as an indication of a general nature only and is not to be relied or acted on. Actual costs provided verbally or in this report must be taken as of a general nature and is not to be relied on. Actual costs depend on the quality of materials, standard of work, what price a contractor is prepared to do the work for and may be contingent on approvals, delays and unknown factors associated with third parties.

Independent quotes should be obtained if costs of defects is of significance in negotiations on the purchase of a property as well as prior to any work being done. We bear no liability whatsoever for costing advice.

DISPUTE/CLAIM PROCEDURE: To make a claim in relation to the inspection, either party shall give written notice of the matter to the other party within 90 days of the inspection. If the claim/dispute is not resolved within 21 days from the service of the written notice, either party may refer it to a mediator nominated by us and costs shall be shared. Should the dispute not be resolved by mediation then either party may refer it to the Institute of Arbitrators and Mediators of Australia to appoint an arbitrator to resolve the claim. The arbitrator shall determine costs that each party is to pay.

THIRD PARTIES: We are not liable for any claim or Loss whatsoever, suffered or incurred by anyone relying on this report other than the Client named on the face page of this report and (subject to the conditions and limitations set out in this disclaimer) only if the invoice for the inspection has been paid in full by the Client.

This report is solely for the use of the Client for the purpose for which this report was originally sought.

General Exclusions

Instrument testing carried out on suspect areas may indicate the presence of dampness in wall materials but will not determine the source or cause of dampness. Therefore this report expressly excludes reporting on the possible source/s. The extent and cost of work to rectify dampness depends in part on those factors.

  • A report relating to a strata title unit does not deal with common areas unless otherwise stated.
  • This report does not cover an analysis of the condition of the plumbing system other than a visual analysis of the condition of the pipes and drainage for each water outlet accessible by the inspector.
  • Comments are made only on the features of power boards. An analysis and testing of the electrical system is beyond the scope of this report and as such is expressly excluded.
  • Our report specifically excludes carrying out a survey on the property in question to detect the presence of white ants or pests. We do not hold a pest control licence. If you require a termite or pest inspection you should contact a licensed pest controller. You should be aware that the detection of termites/pests requires use of specialised equipment, drilling of timber and the removal of floor coverings and cladding which we do not carry out. For further details, refer to the paragraph above entitled “PESTS”.


Release and Indemnity We will do our best to make as thorough an inspection of the building as is reasonably practicable and give you appropriate advice regarding any problems we discover, what needs to be done to rectify them and the likely approximate cost. However, because of the nature of the exercise and the timeframe within which this report is undertaken we are not liable under any circumstances, and you as the Client forever release and discharge us, in relation to, any failure to detect or report on any problems in the building or for any claim or Loss in connection with this report or the building or property generally and the Client indemnifies us in respect of those matters.

Limitation of liability Notwithstanding any other provision in this disclaimer or in the report, our liability to you as the Client (and any other party purporting to claim against us in connection with this report) for any claim or Loss made in connection with this report under contract, tort (including negligence), under statute, in equity or otherwise shall be limited to the price of this report.

Definitions In this disclaimer, the following defined terms are used: “Loss” means any liabilities, losses, damages, claims, expenses, fines, and costs, including legal costs, of any kind including economic and consequential loss.

Inspection Agreement Pre-purchase Standard Inspection Individual Title Property

Requirement for Inspection agreement AS 4349.1 – 2007 requires that an inspection agreement be entered into between the inspector & the client prior to the conduct of the inspection. This agreement sets out specific limitations on the scope of the inspection and on limits that apply in carrying it out. Where specific State or Territory requirements apply in addition to the scope of work in this agreement, or where the inspector and client agree to additional matters being covered, that additional scope is listed at the end of this agreement. It is assumed that the existing use of the building will continue.

AS 4349.1 – 2007 requires that the basis for comparison is a building of similar age and similar type to the subject building and which is in reasonable condition, having been adequately maintained over the life of the building. This means that building being inspected may not comply with Australian Standards, building regulations or specific state or territory requirements applicable at the time of the inspection.

Purpose of inspection

The purpose of the inspection is to provide advice regarding the condition of the property at the time of the inspection.

Access limitations

  • Areas where reasonable entry is denied to the inspector or where reasonable access is not available are excluded from and do not form part of the inspection. Access limitations may include legal right of entry, locked doors, security system, pets, furniture or other obstructions. Physical access limitations may include height, narrow boundary clearance, thick vegetation, small roof or crawl space and adverse weather conditions. The report shall identify any area or item within the scope of the inspection that was not inspected and the factor that prevented inspection.
  • The extent of accessible areas shall be determined by the inspector at the time of inspection based on the conditions encountered at that time. The inspection shall include only accessible areas and areas that are within the inspector’s line of sight and close enough to enable reasonable appraisal. Reasonable access includes a prerequisite that the minimum clearances specified in the table below are safely available.
  • Unless otherwise required, no marking or damage to the property was done to obtain access, nor was there any removal of furniture, fittings (fixed or otherwise), floor coverings, claddings, linings, soil or plants. Likewise, no destructive testing or sampling was done.

DIMENSIONS FOR REASONABLE ACCESS

Area Access hole Crawl space Height
Roof Interior 400mm x 500mm 600mm x 600mm Accessible from a 3.6m ladder
Roof exterior Accessible from a 3.6m ladder placed on the ground

 

NOTES:

  1. Reasonable access does not include the cutting of access holes or the removal of screws and bolts or any other fastenings or sealants to access covers.
  2. Sub-floor areas sprayed with chemicals are not be inspected unless it is safe to do so.

Conditions

An inspection report may be conditional on;

  • Prevailing weather conditions or recent occupancy and use of services that might affect observations
  • Information provided by the client or the agents of the client
  • Deliberate concealment of defects
  • Any other relevant factor limiting the inspection

The detection of certain defects can be subject to the prevailing weather conditions at the time of the inspection (eg storm water disposal or leaks). Similarly, rain at the time of the inspection can mask a defect or restrict access to particular areas.

The condition of the property could also change over time due to unusual weather patterns, the specific soli characteristics at the site, the location of the property or the use of the property. For example, prolonged periods of wet or dry weather can lead to movement in building components. Similarly, whether or not services have been used in the period prior to inspection can affect the detection of leaks or other defects in them.

Scope of inspection

What is not reported on – general exclusions detailed in the standard AS 4349.1 – 2007

  • Parts of a building that are under construction
  • The inspection is not intended to include rigorous assessment of all building elements in a property
  • Defects that would only be apparent under particular weather conditions or when using particular fittings & fixtures
  • Defects not apparent due to occupancy or occupancy behavior eg non use of a leaking shower
  • The inspection report is not a certificate of compliance of the property within the requirements of any Act, regulation, ordinance, local law or by-law and is not a warranty against problems developing with the building in the future
  • Unauthorized building work or of work not compliant with building regulations
  • Title and ownership matters, matters concerning easements, covenants, restrictions, zoning certificates and all other law-related matters
  • Estimation of the cost of rectification of specific defects.

What is not reported on – specifics excluded by the standard AS 4349.1 – 2007

Footings below ground, concealed damp-proof course, electrical installations, operation of smoke detectors, light switches and fittings, TV, sound and communication and security systems, concealed plumbing, adequacy of roof drainage as installed, gas fittings and fixtures, air conditioning, automatic garage door mechanisms, swimming pools and associated filtration and similar equipment, the operation of fireplaces and solid fuel heaters, including chimneys and flues, alarm systems, intercom systems, soft floor coverings, electrical appliances including dishwashers, incinerators, ovens, ducted vacuum systems, paint coatings except external protective coatings, health hazards e.g., allergies, soil toxicity, lead content, radon, presence of asbestos or urea formaldehyde), timber and metal framing sizes and adequacy, concealed tie downs and bracing, timber pest activity, other mechanical or electrical equipment (such as gates, inclinators), soil conditions, control joints, sustainable development provisions, concealed framing-timbers or any areas concealed by wall linings or sidings, landscaping, rubbish, floor cover, furniture and accessories, stored items, insulation, environmental matters e.g. BASIX, water tanks, BCA environmental provisions, energy efficiency, lighting efficiency.

What is reported on

  • The inspection includes subjective appraisal by an inspector competent to assess the condition of residential buildings. It involves a subjective assessment so different inspectors or even the same inspector on a different occasion may reach different conclusions.
  • The inspection comprises a visual assessment of the property to identify major defects and to form an opinion regarding the general condition of the property at the time of inspection.

The following areas shall be inspected where applicable:

  • The interior of the building: ceilings; walls; floors; windows; doors & frames; kitchen; bathroom; WC; ensuite; laundry; stairs & damp problems
  • The exterior of the building: walls (including lintels, claddings, doors & windows); timber or steel frames& structures; chimneys; stairs; balconies, verandas, patios, decks, suspended concrete floors, balustrades
  • The roof exterior: roof (including tiles, shingles & slates, roof sheeting, gables, flashings); skylights, vents, flues; valleys; guttering; downpipes; eaves, fascias and barges
  • The roof space: roof covering; roof framing; sarking; party walls; insulation
  • The sub-floor space: timber floor (including supports, floor, ventilation, drainage, damp); suspended concrete floors
  • The property within 30m of the house and within the boundaries of the site: car accommodation, detached laundry, ablution facilities and garden sheds; retaining walls (where supporting other structures and landscaping retaining walls > 700mm high); paths & driveways; steps ; fencing (general) ; surface water (drainage effectiveness)

The scope of the inspection includes variations to the exclusions in AS4349.1 – 2007 as detailed below.

Nil