Building Inspection
TYPE OF INSPECTION ORDERED BY YOU:
Inspection & Report: The inspection will be of the Building Elements as outlined in Appendix C of AS4349.1 – 2007 except for Strata title properties where the inspection will be according to Appendix B of AS4349.1-2007.
A copy of the appropriate Standard with Appendicies may be obtained from RAPID Solutions at Your cost by phoning (02) 49543655 or by email to support@rapidsolutions.com.au or from Standards Australia.
We will carry out the inspection and report ordered by Tou in accordance with this agreement and You agree to pay for the inspection on or before delivery of the report.
In ordering the inspection, You agree that the inspection will be carried out in accordance with the following clauses, which define the scope and limitations of the inspection and the report.
SCOPE OF THE INSPECTION & THE REPORT
The Inspection will be carried out in accordance with AS4349.1-2007. The purpose of the inspection is to identify major defects, the incidence of minor defects and safety hazards associated with the property at the time of the inspection. The inspection and reporting is limited to Appendix C of AS4349.1-2007.
1. The report does not include an estimate of the cost for rectification of the defects. The overall condition of this building has been compared to similarly constructed and reasonably maintained buildings of approzimately the same age. Areas for Inspection shall cover all safe and accessible areas.
2. The inspection shall comprise a visual assessment of the items listed in Appendix C to AS4349.1-2007 for the structures within 30 metres of the building and within the site boundaries including fences.
3. Subject to safe and reasonable access (See Definitions below) the inspection will normally report on the condition of each of the following areas:-
The interior The exterior The roof exterior The roof void The subfloor
4. The inspector will report individually on Major Defects and Safety Hazards evident and visible on the date and time of the inspection. The report will also provide a general assessment of the property and collectively comment on minor defects which would form a normal part of property maintenance.
5. Where a Major Defect has been identified, the inspector will give an opinion as to why it is a Major defect and specify its location.
SCOPE OF BUILDING DEFECT REPORT, EXPERT WITNESS REPORT, SPECIAL PURPOSE REPORT.
The inspection will be carried out in accordance with AS 4349.0 -2007 to determine
The extent that defects are affecting the serviceability of the building element or building elements of the prescribed inspection.
LIMITATIONS
6. The Inspector will conduct a non-invasive visual inspection which will be limited to those accessible areas and sections of the property to which Safe and Reasonable access (See Definitions below) is both available and permitted on the date and time of the inspection. Areas where reasonable entry is denied to the inspector, or where safe and reasonable access is not available, are excluded from and do not form part of, the inspection.Those areas may be the subject of an additional inspection upon request following the provision or reasonable entry and access.
7. The Inspection WILL NOT involve any invasive inspection including cutting, breaking apart, dismantling, removing or moving objects including but not limited to, roofing, wall and ceiling sheeting, ducting, foliage, mouldings, debris, roof insulation, sarking, sisalation, floor or wall coverings, sidings, fixtures, floors, pavers, furnishings, appliances or personal possessions.
8. The Inspection and Report compares the inspected building with a building constructed to the generally accepted practice at the time and which has been maintained, so there has been no significant loss of strength and performance.
9. The inspection excludes the inside of walls, betweek floors, inside skillion roofing, inside the eaves, behind stored goods in cupboards, and other areas that are concealed or obstructed. The inspector WILL NOT dig, gouge, force or perform an other invasive procedures.
10. The Report is not a certificate of compliance that the property complies with the requirements of any Act, regulation, ordinance, local law or by-law, or as a warranty or an insurance policy against problems developing with the building in the future.
11. The Inspection WILL NOT look for or report on Timber Pest Activity. You should have an inspection carried out in accordance with AS 4349.3-2010 Timber Pest Inspections, by a fully qualified, licenced and insured Timber Pest Inspector.
12. If Timber Pest Damage is found then it will be reported. The inspector will only report on the damage which is visible.
13. ASBESTOS:- No inspection for asbestos will be carried out at the property and no report on the presence or absence of asbestos will be provided. If during the course of the Inspection asbestos or materials containing asbestos happened to be noticed then this may be noted in the general remarks section of the report. If asbestos is noted as present within the property then you agree to seek advice from a qualified asbestos removal expert as to the amount and important of the asbestos present and the cost of sealing or of removal.
14. MOULD (MILDEW) AND NON-WOOD DECAY FUNGI DISCLAIMER: No inspection or report will be made for Mould (Mildew) and non-wood decay fungi.
15. MAGNESITE FLOORING DISCLAIMER: No inspection for Magnesite Flooring was carried out at the property and no report on the presence or absence of Magnesite Flooring is provided. You should ask the owner whether Magnesite Flooring is present and/or seek advice from a Structural Engineer.
16. ESTIMATING DISCLAIMER: Any estimates provided in the Report are merely opinions of possible costs that could be encountered, based on the knowledge and experience of the inspector, and are not estimates in the sense of being a calculation of the likely costs to be incurred. The estimates are NOT a guarantee or quotation for work to be carried out. The inspector accepts no liability for any estimates provided throughout this report where they occur you agree to obtain and rely on independent quotations for the same work.
17. If the property to be inspected is occupied then You must be aware that furnishings or household items may be concealing evidence of problems, which may only be revealed when the items are moved or removed.
18. The inspection Will not cover or report the items listed in Appendix D to AS4349.1 – 2007.
19. Where the property is a strata or similar title, only the interior and immediate exterior of the specified dwelling will be inspected by the inspector. The inspection will be as outlined in AS 4349.1 – 2007 Appendix B. Therefore it is advised that the client obtain an inspection of common areas prior to any decision to purchase.
20. The inspection and Report WILL NOT report on any defects which may not be apparent due to prevailing weather conditions at the time of the inspection. Such defects may only become apparent in differing weather conditions.
21. You agree that We cannot accept liability for Our failure to report a defect that was concealed by the owner of the building being inspected and You agree to indemnify Us for any failure to find such concealed defects.
22. Where our report recommends another type of inspection including an invasive inspection and report then You should have such an inspection carried out prior to the exchange of contracts or end of cooling – off period. If You fail to follow Our recommendations the You agree and accept that you may suffer a financial loss and indemnify Us against all losses that You incur resulting from Your failure to act on Our advice.
23. The Report is prepared and presented, unless stated otherwise, under the assumption that the existing use of the building will continue as a Residential Property.
COMPLAINTS PROCEDURE
24. In the event of any dispute or claim arising out of, or relating to the Inspection or the Report, You must notify Us as soon as possible of the dispute or claim by email, fax or mail. You must allow Us (Which includes persons nominated by Us) to visit the property (which visit must occur within twenty eight (28) days of your notification to Us) and give Us full access in order that We may fully investigate that complaint. You will be provided with a written response to your dispute or claim within twenty eight (28) days of the date of the inspection.
If You are not satisfied with our response You must within twenty one (21) days of Your receipt of Our written response refer the matter to a Mediator nominated by Us from the Institute of Arbitrators and Mediators of Australia. The cost of the Mediator will be borne equally by both parties or as agreed as part of the mediated settlement.
Should the dispute or claim not be resolved by mediation then the dispute or claim will proceed to arbitration. The Instutite of Arbitrators and Mediators of Australia will appoint an Arbitrator who will hear and resplve the dispute. The arbitration, subject to any directions of Arbitrator, will proceed in the following manner:
(a) The parties must submit all written submissions and evidence to the Arbitrator within twenty one (21) days of the appointment of the Arbitrator; and
(b) The arbitration will be held within twenty one (21) days opf the Arbitrator receiving the written submissions.
The Arbitrator will make a decision determining the dispute or claim within twenty one (21) of the final day of the arbitration. The Arbitrator may, as part of his determination, determine what costs, if any, each of the parties are to pay and the time by which the parties must be paid any settlement or costs.
The decision of the Arbitrator is final and dinding on both parties. Should the Arbitrator order either party to pay any settlement amount or costs to the other party but not specify a time for payment the such payment shall be made within twenty one (21) days of the order.
In the event You do not comply with the above Complaints Procedure and commence litigation against Us then You agree to fully indemnify Us against any awards, costs, legal fees and expenses incurred by Us in having your ltigation set aside or adjourned to permit the foregoing Complaints Procedure to complete.
THIRD PARTIES
25. Compensation will only be payable for losses arising in contract or tort sustained by the Client named on the front of this report. Any third party acting or relying on this Report, in whole or in part, does so entirely at their own risk. However, if the report is less than 30 days old, it may be transferred to a prospective purchaser. Providing the purchaser agrees to the terms and conditions of this agreement, such as payment of a further fee, then they may rely on the report subject to the terms and conditions of this agreement and the Report itself. Reports older than 30 days require reinspection.
Note: In the ACT under the Civil Law (Sale of Residential Property) Act 2003 and Regulations the report resulting from this inspection may be passed to the purchaser as part of the sale process providing it is carried out not more than three months prior to listing and is not more than six months old.
26. Prohibition on the Provision or Sale of the Report.
The Report may not be sold or provided to any other person without Our express written permission, unless the Client is authorised to do so by Legislation. If We give our permission it may be subject to conditions such as payment of a further fee by the other person and agreement from the other Person to comply with this cause.
However, We may sell the Report to any other Person although there is no obligation for Us to do so.
27. Release
You release us from any and all claims, actions, proceedings, judgements, damages, losses, interest, costs and expenses of whatever nature that the Person may have at any time hereafter arising from the unauthorised provision or sale of the Report by You to a person without Our express written permission.
28. Indemnity
You indemnify Us in respect of any and all liability, including all claims, actions, proceedings, judgements, damages, losses, interest, costs and expenses of any nature, which may be incurred by, brought, made or recovered against Us arising directly or indirectly from the unauthorised provision or sale of the Report by You to a person without Our express written permission.
DEFINITIONS:
You should read and understand the following definitions of words used in this Agreement and the Report. This will help You understand what is involved in a property and building inspection, the difficulties faced by the inspector and the contents of the Report which We will provide you following the inspection.
Acceptance Criteria: The Building shall be compared with a building which was constructed at approximately the same time, using practices which were generally accepted as normal for that time and that property has reveived maintenance to ensure that the intended strength and serviceability of the building have not significantly deteriorated over time.
Access hole (cover) means a hole in the structure allowing safe entry to an area.
Access area is any area of the property and structures allowing the inspector safe and reasonable access within the scope of the inspection.
Building Element means a part of a building performing a particular function either singularly or in conjunction with other such parts.
Client means the person(s) or other legal entity for which the inspection is to be carried out. If ordered by the person(s)’s agent then it is agreed that the agent represents the person(s) and has the authority to act for and on their behalf. (see also “You/Your” below.)
Defect means a variation or fault in material or a component or assembled element that deviates from its intended appearance or function.
Inspector means the company, partnership or individual named below that You have requested to carry out a Building Inspection and report. (See also “Our/Us/We” below.)
Limitation means any factor that prevents full achievement of the purpose of the inspection.
Major defect means a defect of such significance that without correction would not avoid safety concerns, loss of the indended practical performance of the building element or an additional decline in the existing condition of the property inspected.
Minor defect means a defect which is not a Major Defect.
Person means any individual, company, partnership or association who is not a Client.
Property means the structures and boundaries up to thirty (30m) meters from the exterior walls of the main building but within the boundaries of the land on which the main building is erected.
Report means the document and any attachments issued to You by Us following Our inspection of the property.
Structural Inspection means the inspection shall comprise visual assessment of accessible areas of the property to identify major defects to the building structure and to form an opinion regarding the general condition of the structure of the property. The Report will not include those items noted in Clause A3 of AS 4349.1 – 2007 e.g. Condition of roof coverings, partition walls, cabinetry, doors, trims, fencing, minor structures, ceiling linings, windows, non-structural & serviceability damp issues, rising damp, condensation etc.
Safe and Reasonable Access does not include the use of destructive or invasive inspection methods or moving furniture or stored goods.
The Standard AS 4349.1 – 2007 provides information concerning safe and reasonable access:
Only areas where reasonable and safe access was available were inspected. Access will NOT be available where there are safety concerns, or obstructions, or the space available is less than the following:
Roof Void – the dimensions of the access hole must be at least 500mm x 400mm, and, reachable by a 3.6m ladder, and, there is at least 600mm x 600mm of space to crawl:
Roof Exterior – must be accessible by a 3.6m ladder placed at ground level.
Reasonable access does not include the use of destructive or invasive inspection methods. Nor does reasonable access include cutting or making access traps, or moving heavy furniture or stored goods.
Safe Access – is at the inspector’s discretion and will take into account conditions existing on the property at the time of the inspection.
Our/Us/We means the company, partnership or individual named on the order form or in the report that You have requested to carry out the property inspection and report.
You/your means the party identified on the the order form as the Client, and where more than one party all such parties jointly and severally, together with any agent of that party.
You agree that in submitting this request/agreement You have read and understand the contents of this agreement and that the inspection will be carried out in accordance with this document. You agree to pay for the inspection on or prior to the delivery of the report.
Note: Additional inspection requirements requested by You may incur additional expense in regard to the cost of the inspection.
TIMBER PEST INSPECTION AGREEMENT
AS4349.3 – 2010 Timber Pest Inspection
We will carry out the inspection and report as ordered by You in accordance with this agreement and You agree to pay for the inspection and report on or prior to delivery of the report.
In ordering the inspection, You agree that the inspection will be carried out in accordance with the following clauses, which define the scope and limitations of the inspection and the report.
INSPECTION
1. In the case of Pre-purchase Timber Pest Inspections and all Timber Pest Inspections the inspection will be in accord with the requirements of Australian Standard AS 4349.3 – 2010 Inspection of buildings Part 3: Timber pest inspections. The purpose of the inspection is to provide advice about the condition of the property concerning timber pest activity as outlined in tghe Scope of this Agreement,
2. In the case of Termite Inspections the inspection will be carried out in accord with AS 3660.2 – 2000 Termite management Part 2: In and around existing buildings and structures.
3. A copy of these Australian Standards may be obtained from RAPID Solutions at Your cost by phoning (02) 4954 3655 or from Standards Australia.
4. Pre-Purchase Inspections should be carried out to Australian Standard AS 4349.3 – 2010 Inspection of Buildings Part 3: Timber Pest Inspections which includes inspection for Termites, Borers and Fungal Decay. Termite only inspections are to Australian Standard AS 3660.2 – 2000 and are NOT recommended for pre-purchase inspections
5. All inspections (whether in accord with AS 4349.3 – 2010 or AS 3660.2 – 2000) will be a non-invasive visual inspection and will be limited to those areas and sections of the property to which Reasonable Access (see definitions below) is both available and permitted on the date and time of Inspection.
6. The inspector may use a probe or screwdriver to tap and sound some timbers and may use a sharp knife to carry out some ‘splinter testing’ on structural timbers in the sub-floor and/or roof void. Splinter testing WILL NOT be carried out where the inspection is being carried out for a client who is a purchaser and not the owner of the property being inspected. The inspector may use a moisture meter to check moisture levels in walls that back ontop wet areas such as showers etc. Other than these area the moisturemeter will not be used on other surfaces except where the visual inspection indicates that there may be a need to further test the area.
7. The inspection WILL NOT involve any invasive inspection including cutting, breaking apart, dismantling, removing or moving objects including, but not limited to, roofing, wall and ceiling sheeting, ducting, foliage, mouldings, debris, roof insulation, sarking, sisalation, floor or wall coverings, sidings, fixtures, floors, pavers, furnishings, appliances or personal possessions.
8. The inspector CANNOT see or inspect inside walls, between floors, inside skillion roofing, inside the eaves, behind stored goods in cupboards, in other areas that are concealed or obstructed. Insulation in the roof void may conceal the ceiling timbers and make inspection of the area unsafe. The inspector WILL NOT dig, gouge, force or perform any other invasive procedures. An invasive inspection will not be performed unless a seperate contract is entered into.
9. If the property to be inspected is occupied then Youn should be aware that furnishings or household items may be concealing evidence of Timber Pests, which may only be revealed when the items are moved or removed. In some case the concealment may be deliberate. If You are the purchaser and not the owner of the property to be inspected then You should obtain a statement from the owner as to any timber pest activity or damage to the known to them and what, if any, treatments have been carried out to the property. It is important to obtain copies of any paperwork issued and the details of any repairs carried out. Ideally the information obtained should be given to the inspector prior to the inspection being conducted.
SCOPE OF THE INSPECTION & REPORT
10. In the case of Pre-purchase Timber Pest Inspections in accord with AS 4349.3 – 2010 the inspection and resulting Report will be confined to reporting on the discovery, or non discovery, of infestation and/or damage caused by subterranean and dampwood termites (white ants), borers of seasoned timber and wood decay fungi (rot), present on the date and time of the inspection.
11. In the case of all Termite Inspections in accord with AS 3660.2 – 2000 inspections the Inspection and resulting Report will be confined to reporting on the discovery, or non discovery, of infestation and/or damage caused by subterranean and dampwood termites (white ants) present on the date and time of the Inspection. Borers of seasoned timber will not be reported on. Wood decay fungi (rot) will not be reported on but may be reported as a conducive condition for termite activity.
12. In both cases the Inspection will not cover any other pests and the Report will not comment on them. Dry wood termites (Family: KALOTERMITIDAE) and European House Borer (Hylotrupes Bujulus Linnaeus) will be excluded from the Inspection.
13. The inspection will report any evidence of a termite treatment that happens to be found. Where evidence of a treatment is reported then the Client should assume that the treatment was applied as a curitive and not as a preventative. You should obtain a statement from the owner as to any treatments that have been carried out to the property. It is important to obtain copies of any paperwork issued.
14. MOULD: Mildew and non wood decay fungi are commonly known as Mould and is not considered a Timber Pest but may be an indicator of poor ventilation or the presence of termites, wood decay or water leaks. Mould and their spores may cause health problems or allergic reactions such as asthma and dermatitis in some people.
LIMITATIONS
15. Nothing contained in the Report will implyu that any inaccessible or partly inaccessible area(s) or section(s) of the property are not, or have not been, infested by termites or timber pests. Accordingly the Report will Not guarantee that an infestation and/or damage does not exist in any inaccessible or partly inaccessible areas or sections of the property. Nor can it guarantee that future infestations of Timber Pests will not occur or be found.
16. If the property to be inspected is occupied then You must be aware that furnishings or household items may be concealing evidence of problems, which may only be revealed when the items are moved or removed.
DETERMINING EXTENT OF DAMAGE
17. The Report will not and cannot state the extent of any timber pest damage. If any evidence of Timber Pest activity and/or damage resulting from Timber Pest activity is reported either in the structure(s) or the grounds of the property, then You must assume that there may be some structural or concealed damage within the buildings(s). An invasive Timber Pest Inspection (for which a separate contract is required) should be carried out and You should arrange for a qualified person such as a Builder, Engineer or Architect to carry out a structural inspection and to determine the full extent of the damage and the extent of repairs that may be required.
18. If Timber Pest activity and/or damage are found, within the structures or the grounds of the property, then damage may exist in concealed areas, eg. framing timbers. In this case an invasive inspection is strongly recommended. Damage may only be found when wall linings, cladding or insulation are removed to reveal previously concealed timber. You agree that neither We nor the individual conducting the Inspection is responsible or liable for the repair of any damage whether disclosed by the report or not.
COMPLAINTS PROCEDURE
19. In the event of any dispute or claim arising out of, or relating to the Inspection or the Report, You must notify Us as soon as possible of the dispute or claim by email, fax or mail. You must allow Us (Which includes persons nominated by Us) to visit the property (which visit must occur within twenty eight (28) days of your notification to Us) and give Us full access in order that We may fully investigate that complaint. You will be provided with a written response to your dispute or claim within twenty eight (28) days of the date of the inspection.
If You are not satisfied with our response You must within twenty one (21) days of Your receipt of Our written response refer the matter to a Mediator nominated by Us from the Institute of Arbitrators and Mediators of Australia. The cost of the Mediator will be borne equally by both parties or as agreed as part of the mediated settlement.
Should the dispute or claim not be resolved by mediation then the dispute or claim will proceed to arbitration. The Instutite of Arbitrators and Mediators of Australia will appoint an Arbitrator who will hear and resplve the dispute. The arbitration, subject to any directions of Arbitrator, will proceed in the following manner:
(a) The parties must submit all written submissions and evidence to the Arbitrator within twenty one (21) days of the appointment of the Arbitrator; and
(b) The arbitration will be held within twenty one (21) days opf the Arbitrator receiving the written submissions.
The Arbitrator will make a decision determining the dispute or claim within twenty one (21) of the final day of the arbitration. The Arbitrator may, as part of his determination, determine what costs, if any, each of the parties are to pay and the time by which the parties must be paid any settlement or costs.
The decision of the Arbitrator is final and dinding on both parties. Should the Arbitrator order either party to pay any settlement amount or costs to the other party but not specify a time for payment the such payment shall be made within twenty one (21) days of the order.
In the event You do not comply with the above Complaints Procedure and commence litigation against Us then You agree to fully indemnify Us against any awards, costs, legal fees and expenses incurred by Us in having your ltigation set aside or adjourned to permit the foregoing Complaints Procedure to complete.
THIRD PARTIES
Compensation will only be payable for losses arising in contract or tort sustained by the Client named on the front of this report. Any third party acting or relying on this Report, in whole or in part, does so entirely at their own risk. However, if the report is less than 30 days old, it may be transferred to a prospective purchaser. Providing the purchaser agrees to the terms and conditions of this agreement, such as payment of a further fee, then they may rely on the report subject to the terms and conditions of this agreement and the Report itself. Reports older than 30 days require reinspection.
DEFINITIONS
20. You should read and understand the following definitions of words used in this agreement and the Report. This will help You understand what is involved in a Timber Pest Inspection or a Termite Inspection, the difficulties faced by an inspector and the contents of the Report with which We will provide You following the inspection.
Access Hole means a hole in the structure allowing entry to an area.
Active means live timber pests were sighted during the inspection.
Client means the person(s) who requests the report. Client means the person(s) or other legal entity for which the inspection is to be carried out. If ordered by the person(s)’s agent then it is agreed that the agent represents the person(s) and has the authority to act for and on their behalf.
High moisture readings means a reading on a moisutre meter that is higher than the norm for other parts of the structure. Such high reading should be investigated by invasive means as the presence could indicate a leak or may indicate timber pest activity and damage.
Inactive means that no active (see definition above) timber pests were detected but evidence such as workings. damage, mudding or exit holes is found at the time of the inspection.
Note: Where visual evidence of inactive termite workings and/or damage is located, it is possible that termites may still be active in the immediate vicinity and the termites may continue to cause further damage. It is not possible, without benefit of further investigation and inspections over a period of time, to ascertain whether any infestation is active or inactive. Continued, regular, inspections are essential.
Property means the structures, gardens, trees, fences etc up to thirty (30) metres from the exterior walls of the main building but within the boundaries of the land on which the main building is erected. Unless You specifically order in writing that structures, gardens, trees and fences etc outside the thirty (30) metres from the exterior walls of the main building be inspected no such inspection will be carried out.
Reasonable Access means only areas to which reasonable access is available are inspected. The Australian Standard AS 3660 refers to AS 4349.3 -2010 which defines reasonable access. Access will not be available where there are safety concerns, or obstructions. or the space available is less than the following:
Roof Void – the dimensions of the access hole must be at least 500mm x 400mm, and, reachable by a 3.6m ladder, and, there is at least 600mm x 600mm of space to crawl:
Roof Exterior – must be accessible by a 3.6m ladder placed at ground level.
Subfloor – Access is normally not available where dimensions are less than 500 x 400mm for the access hole and less than 400mm of crawl space beneath the lowest bearer, or less than 500mm beneath the lowest part of any concrete floor.
The inspector shall determine whether sufficient space is available to allow safe access to confined areas.
Reasonable access does not include the use of destructive or invasive inspection methods. Nor does reasonable access include cutting or making access traps, or moving heavy furniture or stored goods.
Report means the document and any attachments issued to You by Us following Our inspection of the property.
Termites means subterranean and dampwood termites (white ants) and does not include Dry wood termites.
Our/Us/We means the company, partnership or individual named on the order form or in the report that You have requested to carry out the timber pest or termite inspection and report.
You/your means the party identified on the the order form as the Client, and where more than one party all such parties jointly and severally, together with any agent of that party.
You agree that in submitting this request/agreement You have read and understand the contents of this agreement and that the inspection will be carried out in accordance with this document. You agree to pay for the inspection on or prior to the delivery of the report.
Note: Additional inspection requirements requested by You may incur additional expense in regard to the cost of the inspection.
UNDERSTANDING
21. If there is anything in this agreement that You do not understand then, prior to the commencement of the inspection, You must contact Us by phone or in person and have Us explain and clarify the matter to Your satisfaction. Your failure to contact Us means that You have read this agreement and do fully understand the contents.
22. You agree that in signing this agreement You have read and understood the contents of this agreement and that inspection then You agree that You have read and understand the contents of this agreement and that we will carry out the inspection on the basis of this agreement and that we can rely on this agreement.
23. Note: Additional inspection requirements requested by You may incur additional expense in regard to the cost of the inspection.
PAYMENT
Payment is required before the report will be released unless other arrangements have been made prior to the inspection taking place.
If the purchaser would like to attend the inspection then payment is required prior to their attendance at the property. If payment has not been received, the findings of the inspection will not be discussed until payment has been received.
If the purchaser withdraws from the sale or if the sale is not proceeding for some reason and the inspection has already taken place then payment is still required and is required as per the original invoice date.
Payment can be made via direct deposit, cheque, credit card, paypal or cash.
Tax Depreciation Inspection and Schedule – Terms and Conditions
The Tax Depreciation Schedule will be prepared by Capital Claims Pty Ltd in partnership with Westinspect.
DJ & LM Dillon trading as Westinspect will carry out the site inspection.
Capital Claims Pty Ltd will prepare the depreciation schedule. Any questions concerning the schedule should be directed to Capital Claims Pty Ltd via telephone 1300 922 220 , Post – PO Box 283 Cardiff NSW 2285 or website www.capitalclaims.com.au
1.0 Definitions and Interpretation
1.1 In this document, unless the context indicates a contrary intention:
“Agreement” means these Terms of Engagement and includes the Quotation, the Schedule of
Fees and the Schedule of Services.
“CAPITAL CLAIMS” means Capital Claims Pty Limited ACN 133 283 075.
“WESTINSPECT” means DJ & LM Dillon trading as Westinspect.
“Client” means the entity which appoints Westinspect and/or Capital Claims to perform the Services in accordance with this
Agreement.
“Client’s Site” means a site or part of a site other than the premises from which Westinspect and/or Capital Claims carries on their business.
“Deliverable” means any report, assessment, estimate, plan, study, evaluation, recommendation, forecast or any other document or material to be provided by Westinspect and/or Capital Claims to the Client as part of the Services under this Agreement.
“Fees” means Westinspect and/or Capital Claims fees as set out in the Schedule of Fees, pricing page or as otherwise agreed under this Agreement.
“GST” means a tax imposed under GST Law.
“GST Law” has the meaning given in section 195-1 of A New Tax System (Goods and Services) Act 1999 (Cth).
“Insolvency Event” means:
a) in the case of a corporation:
(1) a party is liquidated, whether compulsorily or voluntarily (other than for the purpose of amalgamation or reconstruction whilst solvent);
(2) a party enters into any arrangement with creditors;
(3) a party becomes subject to external administration within the meaning of Chapter
5 of the Corporations Act 2001 (Cth) including having a receiver or administrator appointed over all or any part of its assets; or
(4) anything analogous or having a substantially similar effect to the events specified in
(1) to (3) above occurs in relation to a party in any jurisdiction, or b) in the case of an individual:
(1) a party commits an act of bankruptcy within the meaning of the Bankruptcy Act
1966 (Cth);
(2) a party enters into any arrangement with creditors; or
(3) anything analogous or having a substantially similar effect to the events specified in
(1) and (2) above occurs in relation to a party;
“Intellectual Property Rights” means trade marks, trade names, domain names, logos, get-up, patents, inventions, registered and unregistered design rights, copyrights, circuit layout rights, and all similar rights in any part of the world (including know-how) including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations.
“Personnel” means a party’s officers, employees, agents and contractors.
“Quotation” means Westinspect and/or Capital Claims written proposal to provide the Services to the Client in accordance with this Agreement.
“Schedule of Fees” means the Schedule of Fees attached to the Quotation.
“Schedule of Services” means the Schedule of Services attached to the Quotation.
“Services” means the tax depreciation services set out in the Schedule of Services and any other services to be provided by Westinspect and/or Capital Claims to the Client under this Agreement as agreed between the parties.
“Work” means the Services to be provided by Westinspect and/or Capital Claims under this Agreement.
1.2 In this document, unless the context indicates a contrary intention:
a) headings are for convenience only and do not affect interpretation;
b) a reference to a person includes a natural person, corporation, partnership, and any other organisation or legal entity;
c) the word “include” in all its grammatical forms is not a word of limitation;
d) a word that is derived from a defined word has a corresponding meaning;
e) the singular includes the plural and vice versa; and
f) a reference to “dollars” or “$” is to Australian currency.
2.0 This Agreement to prevail
2.1 The terms and conditions of this Agreement prevail over any other terms and conditions (including those of the Client, if any) and can only be varied by written agreement between parties.
2.2 Any request by the Client for the provision of the Services by Westinspect and/or Capital Claims which purports to include terms not expressly included in this Agreement is of no effect and the Client’s request is deemed to be an offer on the basis of this Agreement.
3.0 Appointment and Scope of Work
3.1 This Agreement becomes binding on the Client when Westinspect and/or Capital Claims is in receipt of a duly submitted online instruction from the Client via the Westinspect Website www.westinspect.net.au
3.2 By submitting the online instruction, the Client is requesting that Westinspect and/or Capital Claims perform the Services based upon the terms and conditions of this Agreement.
3.3 Upon receipt of 3.2, Westinspect and/or Capital Claims will provide the Services subject to this Agreement.
3.4 The parties will comply with the Australian Standard AS4121 Code of ethics and procedures for the selection of consultants and the National Code of Conduct for the Construction Industry as current as at the date of this Agreement, to the extent that they are applicable and consistent with this Agreement.
3.5 The Client is responsible to ensure that Westinspect and/or Capital Claims receives all necessary materials, documents, instructions and other information required in a timely manner to enable Westinspect and/or Capital Claims to perform the Services in accordance with this Agreement.
3.6 Unless otherwise agreed between the parties, the Client must provide a reasonable number of copies of all documents to Westinspect and/or Capital Claims for the supply of the Services under this Agreement, free of charge to Westinspect and/or Capital Claims . Unless otherwise agreed in writing, all documents must be supplied in digital format.
3.7 Any oral or written instructions, materials, documents or other information given by the Client’s representative or lead consultant to Westinspect and/or Capital Claims will be deemed to have been given by the Client.
3.8 The Client may issue further directions and request variations to the Services in writing to Westinspect and/or Capital Claims from time to time. Capital Claims may accept any such reasonable directions or variations and the Client must pay Westinspect and/or Capital Claims in accordance with Clause 4.0 for any directions accepted or variations agreed by Westinspect and/or Capital Claims .
4.0 Fees
4.1 Unless otherwise provided under this Agreement, the Client must pay Westinspect and/or Capital Claims the Fees for the Services.
4.2 Unless otherwise agreed between the parties, if the scope of the Work is varied by the Client in a manner which requires additional Services to be performed by Westinspect and/or Capital Claims (including as a result of or in connection with a delay which is beyond the reasonable control of Westinspect and/or Capital Claims ), the Client must pay Westinspect and/or Capital Claims for the additional Services in accordance with the rates set out in the Schedule of Fees or, if there are no such rates, at the Standard Rates.
4.3 Unless otherwise agreed between the parties, if the scope of the Work is varied by the Client in a manner which reduces the Services required, the Client must pay Westinspect and/or Capital Claims for all Services performed under this Agreement in accordance with the Standard Rates.
4.4 If any phase of the Work fails to proceed through no fault of Westinspect and/or Capital Claims and each of the phases is separately priced in the Schedule of Fees, the Client must pay Westinspect and/or Capital Claims for the completed phases of the Work and reimburse Westinspect and/or Capital Claims for any costs Westinspect and/or Capital Claims incurs in contemplation of completing all stages of the Work. If the phases of the Work are not separately priced in the Schedule of Fees, the reduction in scope or termination will be dealt with under Clause 4.3 or 4.5 as appropriate.
4.5 In the event of termination of this Agreement prior to the completion of the Work (except under Clause 9.1), the Client must pay Westinspect and/or Capital Claims for all the Services performed under this Agreement to the date of termination in accordance with the rates set out in the Schedule of Fees or, if there are no such rates, at the Standard Rates. Minimum charge for cancellation after site inspection has been carried out is $250 + GST.
4.6 If the scope of the Work is reduced under Clause 4.3, any phase of the Work fails to proceed under Clause 4.4 or the Agreement is terminated under Clause 4.5, the Client must reimburse Westinspect and/or Capital Claims for any costs of demobilising its operations, retrenching Personnel and other costs arising from or in connection with the reduction in the scope of the Work, the failure to proceed with any phase of the Work or the termination of the Agreement.
4.7 If Westinspect and/or Capital Claims requests that the Client provide security for Westinspect and/or Capital Claims Fees under this Agreement, the Client must provide security for the requested amount in the form of an unconditional bank guarantee, director’s personal guarantee or other form of security nominated by Westinspect and/or Capital Claims in the Schedule of Fees.
5.0 Terms of payment
5.1 Unless otherwise agreed, payment in full is required before Westinspect and/or Capital Claims will release the report.
5.2 The Client must pay within the time set out in the quotation/ tax invoice.
5.3 Without prejudice to any other right or remedy available to Westinspect and/or Capital Claims , Westinspect and/or Capital Claims may charge the Client for interest on any Fees and expenses remaining unpaid after the due date at the interest rate stated in the Schedule of Fees and such interest will accrue daily from the due date until the date of payment.
5.4 Westinspect and/or Capital Claims may withhold the performance of any Services if the Client fails to pay all amounts owing under a quotation in accordance with Clause 5.3.
5.5 The Client must not withhold any amount of the Fees or expenses under an invoice issued by Westinspect and/or Capital Claims by reason of any dispute that exists between the Client and Westinspect and/or Capital Claims or by reason of any set-off or counter- claim by the Client.
5.6 For security purposes, all payments will be processed on receipt of client authorised credit card information for the agreed fee amount to allow the securing of credit card details.
6.0 Time
6.1 Westinspect and/or Capital Claims will use its best endeavours to perform the Work in accordance with agreed times, but any such agreed times are estimates only and Westinspect and/or Capital Claims will not be liable for any claim for late or non- performance.
6.2 The Client must pay Westinspect and/or Capital Claims for any reasonable costs incurred by Westinspect and/or Capital Claims arising from or in connection with any delay in the provision of the Services that is beyond the reasonable control of Westinspect and/or Capital Claims .
7.0 Site and other facilities
7.1 If Westinspect and/or Capital Claims is required to attend a Client’s Site to perform any part or all of the Services, the Client must ensure all parts of the Client’s Site comply with all laws and the requirements of any relevant authority from time to time, including those relating to occupational health and safety.
8.0 Intellectual property
8.1 Ownership of all Intellectual Property Rights in respect of any Deliverable or the provision of the
Services by Westinspect and/or Capital Claims to the Client is vested in, and will vest in, Westinspect and/or Capital Claims .
8.2 All Intellectual Property Rights arising out of or in connection with the provision of Services (including the Deliverables) by Westinspect and/or Capital Claims to the Client vest in Westinspect and/or Capital Claims on their creation absolutely and nothing in this Agreement confers any such Intellectual Property Rights on the Client.
8.3 The Client must not provide any Deliverable prepared by Westinspect and/or Capital Claims to any third party for use in any prospectus, sales or promotional material or for any other purpose without the prior written consent of Westinspect and/or Capital Claims .
9.0 Termination
9.1 The Client may terminate this Agreement by written notice to Westinspect and/or Capital Claims if Westinspect and/or Capital Claims is in substantial breach of this Agreement and Westinspect and/or Capital Claims has not commenced action to remedy the breach within 7 days after receipt from the Client of a written notice specifying the breach and requiring it to be remedied.
9.2 Without prejudice to any other rights or remedies it may have against the Client, Westinspect and/or Capital Claims may terminate this Agreement immediately by written notice to the Client if:
a) it has not received proper instructions from the Client
b) the Client is in breach of this Agreement and the Client has not commenced action to remedy the breach within 7 days after notice specifying the breach and requiring it to be remedied; or
c) if an Insolvency Event occurs in respect of the Client.
9.3 If this Agreement is terminated for any reason except under Clause 9.1, the Client must pay Westinspect and/or Capital Claims in accordance with Clause 4.4 or 4.5 (as applicable) and reimburse Westinspect and/or Capital Claims for any reasonable Westinspect and/or Capital Claims incurs in contemplation of completing all the Services under this Agreement.
9.4 If Westinspect and/or Capital Claims is prevented from performing the Services for more than [30 consecutive days] for any reason beyond Westinspect and/or Capital Claims reasonable control, Westinspect and/or Capital Claims may immediately terminate this Agreement and:
a) the Client must pay Westinspect and/or Capital Claims in accordance with Clause 4.4 or 4.5 (as applicable); and
b) the Client releases Westinspect and/or Capital Claims from all claims in connection with or arising out of the partial or total non- performance of the Services under this Agreement.
10.0 Limitation of liability
10.1 Except as otherwise provided in this Agreement, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the provision of the Services or to this Agreement are excluded to the fullest extent permitted by law.
10.2 Without limiting the generality of Clause 10.1, except where this Agreement provides otherwise, Westinspect and/or Capital Claims total liability for any claim for loss, damage or expense incurred or suffered by the Client, whether arising under or in connection with or incidental to this Agreement, including the performance or non-performance of Westinspect and/or Capital Claims obligations under this Agreement or anything incidental to it, and whether by way of indemnity, by statute, in tort (for negligence or otherwise) or on any other basis in law or in equity will be limited to the total Fees paid by the Client for the Services provided by Westinspect and/or Capital Claims to the Client under this Agreement preceding the date on which the loss, damage or expense arose.
10.3 Where any law implies in this Agreement any term, condition or warranty (“Implied Term”) and that law voids or prohibits provisions in a contract excluding or modifying the Implied Term, the Implied Term will be deemed to be included in this Agreement but the liability of Westinspect and/or Capital Claims for any breach of the Implied Term will be limited, at the option of Westinspect and/or Capital Claims , to any one or more of the following:
a) the supply of the Services again; or
b) the payment of the costs of having the Services supplied again.
10.4 The Client must not commence proceedings against any of Westinspect and/or Capital Claims Personnel in respect of the facts, matters or circumstances giving rise to any loss, damage or expense under Clause 10.2 and this Clause 10.3 may be pleaded in bar to any such proceedings.
10.5 Despite any other provision in this Agreement, Westinspect and/or Capital Claims will not be liable for any consequential, indirect or special loss, such as loss of profits or revenue, loss of business opportunity, loss of production or loss of goodwill, suffered by the Client whether arising under or in connection with or incidental to this Agreement, including the performance or non-performance of its obligations under this Agreement or anything incidental to it, and whether by way of indemnity, by statute (to the extent that it is possible to limit such liability), in tort (for negligence or otherwise), or on any other basis in law or in equity.
10.6 The provision to Westinspect and/or Capital Claims of any documents or information evidencing or relating to any relationship, arrangement, contract or understanding between the Client and any third party is for information purposes only and does not affect, and must not be used to interpret the scope of Westinspect and/or Capital Claims engagement to perform the Services under this Agreement.
10.7 Westinspect and/or Capital Claims does not assume any responsibility to any third party or undertake to discharge any duty or responsibility of the Client to any third party by performing the Services or providing any Deliverables to the Client.
10.8 Westinspect and/or Capital Claims assumes no responsibility in respect of, and is not liable for any error, omission, discrepancy or defect in any materials, documents, information or instructions provided by the Client or the Client’s Personnel to Westinspect and/or Capital Claims under Clause 3.5. The Client must pay Westinspect and/or Capital Claims at the Standard Rates for the performance of any additional Services by Westinspect and/or Capital Claims due to any such error, omission, discrepancy or defect in the materials, documents, information or instructions.
10.9 The Client indemnifies Westinspect and/or Capital Claims from and against any and all loss, damage or expense directly or indirectly arising from or in connection with any breach of this Agreement by the Client or any unlawful, negligent or wilfully wrong act or omission by the Client or the Client’s Personnel.
11.0 Confidentiality
11.1 A party must not disclose any confidential information (including technical, commercial, financial, or other information which could reasonably be regarded as being confidential) of the other party to any person except:
a) with the prior written consent of the other party;
b) to its officers, employees or professional advisers (to the extent they need to know the confidential information); or
c) if applicable, as required by an applicable law, including the rules of any relevant stock exchange, after first consulting with the other party about the form and content of the disclosure,
and must use its best endeavours to ensure all permitted disclosures are kept confidential.
11.2 Each party must take all reasonable steps to ensure that its officers, employees and professional advisers do not make public or disclose the other party’s confidential information.
11.3 This Clause 11.0 does not apply to information which:
a) is or becomes public knowledge other than by a breach of this Agreement;
b) a party already possesses at the time the other party discloses the information to it; or c) a party acquires from a third party entitled to disclose that information.
11.4 Westinspect and/or Capital Claims does not sell, rent or lease its customer lists to third parties. As a Westinspect and/or Capital Claims client, Westinspect and/or Capital Claims may, from time to time, contact you about a particular Westinspect and/or Capital Claims service that may be of interest to you. In all cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party . Should you not wish to receive this information you can unsubscribe at any time.
12.0 Dispute or difference
12.1 A party must not commence any court or arbitration proceedings relating to a dispute under or in relation to this Agreement unless it complies with this Clause 12.0 except where the party seeks urgent interlocutory relief.
12.2 A party claiming that a dispute has arisen under or in relation to this Agreement must give written notice to the other party specifying the nature of the Dispute.
12.3 A dispute must, in the first instance, be referred to mediation within 30 days after notice is received by a party under Clause 12.2. The mediator will be selected by agreement between the parties who will bear the costs of the mediation equally. In the event that the parties cannot agree on a mediator, the parties must request that a mediator be nominated by the Chapter President of the Australian Institute of Quantity Surveyors in the State or Territory where the Services are being performed.
12.4 If the dispute or any part of it is not resolved within 30 days of the mediation conference, the dispute or any part of it (as the case may be) must be immediately referred to arbitration in accordance with, and subject to, The Institute of Arbitrators Australia Expedited Rules for the Conduct of Commercial Arbitration.
13.0 Assignment
13.1 The Client must not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of Westinspect and/or Capital Claims , which consent will not be unreasonably withheld.
13.2 Westinspect and/or Capital Claims may assign its rights or sub-contract its obligations under this Agreement.
14.0 Notices
14.1 Any notice to be given under this Agreement may be given in writing addressed to the party at the address specified at the commencement of this Agreement or at its last known business address or, if the party is a company, at its registered office.
14.2 Any such notice will be deemed to have been received by the recipient on the third Business Day after the date of posting.
15.0 Applicable law and jurisdiction
15.1 The law governing this Agreement will be the law of the State or Territory in which the Services are performed by Capital Claims and the parties submit to the non-exclusive jurisdiction of the courts in that State or Territory.
16.0 Tax
16.1 All Fees exclude Government taxes introduced or levied after the date of this agreement. New government taxes and charges will be added to invoice amounts.
16.2 All Fees include GST..
17.0 General
17.1 This Agreement constitutes the sole and entire agreement between the parties with regard to its subject matter and a warranty, representation, guarantee or other term or condition of any nature not contained or recorded in this Agreement is of no force or effect.
17.2 The rights, duties and remedies granted or imposed under the provisions of this Agreement operate to the extent not excluded by law.
17.3 A right or remedy created by this Agreement cannot be waived except in writing signed by the party entitled to that right. Delay by a party in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does a waiver (either wholly or in part) by a party of a right operate as a subsequent waiver of the same right or of any other right of that party.
17.4 Nothing in this Agreement constitutes or will be deemed to constitute a partnership between the parties or the appointment of one party as the agent of the other, or the employment of one party by the other. Other than as expressly provided in this Agreement, no party has the authority or power to bind the other or to contract in the name of, and create a liability against, the other in any way or for any purpose.
17.5 Clauses 1.0, 8.0, 10.0, 11.0, 15.0 and 17.0 survive termination or expiry of this Agreement.