Building Inspection Agreement

To avoid any misunderstanding as to the type of inspection We will carry out and the scope of the resulting report You should immediately read, sign and return the white copy of this agreement to Us. If you fail to return the signed copy to us and do not cancel the requested inspection then you agree that this document forms the agreement between you and us. We will carry out the inspection and report ordered by you in accordance with this agreement and you agree to pay for the inspection and the report upon ordering 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:

1. Standards Australia has only written two of five Inspection of building Standards. Therefore, as a result, all the inspections will be carried out in accordance with AS 4349.1-1995 with the exception of TABLE 1 REASONABLE ACCESS. The Access Table to be used will be that shown in Clause 20 Definitions on page 3. This table is TABLE 1.1 REASONABLE ACCESS from AS 4349.3-1998 and is a later table than the one in AS 4349.1-1995.

2. A copy of these two Standards may be obtained from RAPID Solutions at Your cost by phoning (02) 4954 3655 or from Standards Australia.

3. All inspections will be a non–invasive visual inspection and will be limited to those areas and sections of the property to which Reasonable Access (Clause 20 Definitions page 3) is both available and permitted on the date and time of the inspection.

4. 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.

5. 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 and isalation in the roof void will conceal timbers and may make inspection of the area unsafe for the inspector. The inspector WILL NOT dig, gouge, force or perform any other invasive procedures. An invasive inspection will not be performed unless a separate contract is entered into.

6. The inspection WILL NOT report on the presence or not of Timber Pest activity. You should have an inspection carried out in accordance with AS 4349.3-1998 Timber Pest Inspections, by a fully qualified, licensed and insured Timber Pest Inspector.

7. If Timber Pest damage is found then it will be reported. The inspector will only then report on the damage which is readily visible. There may be concealed damage in walls etc and we strongly recommend you arrange for us to carry out an invasive inspection to discover the full extent of the damage. If any evidence of Timber Pest damage is reported then Timber Pest activity may also be present. It is very important that you have an AS 4349.3-1998 Timber Pest Inspection carried out by a fully qualified, licensed and insured Timber Pest Inspector.

8. 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. Buildings built prior to 1982 may have wall and/or ceiling sheeting and other products including roof sheeting that contains Asbestos. Even building built after this date up until the early 90s may contain some Asbestos. Sheeting should be fully sealed. If concerned or if the building was built prior to 1990 you should seek advice from a qualified asbestos removal expert as to the amount and importance of the asbestos present and the cost of sealing or removal. If asbestos is noted as present within the property then you should seek advice from a qualified asbestos removal expert as to the amount and importance of the asbestos present and the cost sealing or of removal. Drilling, cutting or removing sheeting or products containing Asbestos is a high risk to peoples’ health. You should seek advice from a qualified asbestos removal expert.”

9. MOULD (MILDEW AND NON-WOOD DECAY FUNGI) DISCLAIMER: Mildew and non wood decay fungi is commonly known as Mould. However, Mould and their spores may cause health problems or allergic reactions such as asthma and dermatitis in some people. No inspection for Mould will be carried out at the property and no report on the presence or absence of Mould will be provided. If in the course of the Inspection, Mould happened to be noticed it may be noted in the general remarks section of the report. If Mould is noted as present within the property or if you notice Mould and you are concerned as to the possible health risk resulting from its presence then you should seek advice from your local Council, State or Commonwealth Government Health Department or a qualified expert such as an Industry Hygienist

10. 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 actual cost is ultimately dependent upon the materials used, standard of work carried out, and what a contractor is prepared to do the work for. It is recommended in ALL instances that multiple independent quotes are sourced prior to any work being carried out. The inspector accepts no liability for any estimates provided throughout this report.

11. 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. In some cases 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, timber repairs or other repairs, alterations or other problems to the property known to them and what, if any, other work has been carried out to the property including Timber Pest treatments. It is important to obtain copies of any paperwork issued and the details of all work carried out. Ideally the information obtained should be given to the inspector prior to the inspection being carried out.

12. Subject to reasonable access (Clause 20 Definitions page 3) the Inspection will normally report on the conditions of each of the following areas: –
• The interior
• The roof void
• The exterior
• The subfloor
• The roof exterior
• The property within the boundaries up to 50 meters including fences, but will not report on pools, spas or ponds etc. You should obtain the services of a pool specialist to carry out an inspection and report.

13. The inspections Will not cover or report on the following conditions (see AS 4349.1-1995 for full details): –
• Environmental matters such as aspect, sunlight, privacy, streetscape, views etc.
• Proximity to railways, flight paths or busy road traffic etc.
• Health or safety conditions such as the presence of asbestos, lead, radon, and urea formaldehyde or toxic soils etc.
• Heritage or security matters
• Apart from surface water drainage, site drainage including storm water and sewage.
• The condition of pools or spas ponds etc.
• Fire protection or safety.
• Plumbing and electrical wiring etc including unauthorised or illegal plumbing or electrical work.
• Unauthorised or illegal building work,
• The durability of exposed finish materials.
• Neighbourhood usage such as pests, closeness to mines, public transport, hotels, storm water drains, public entertainment venues etc.
• Document analysis eg sewer drainage, plans and diagrams, surveys, building approvals, compliance etc.

14. A full list and details of the areas and item to be inspected are contained on Pages 7 through to 12 (inclusive) of the Australian Standard AS 4349.1-1995.

15. Where the property is a strata or similar title, the inspector will only inspect the interior and immediate exterior of the particular unit requested to be inspected.

16. The inspector will report the conditions that on the day and at the time of the inspection were evident and visible. The Australian Standard AS 4349.1-1995 warns that the report must not be seen as an all-encompassing report but rather as a “reasonable attempt to identify significant defects”. Minor defects and imperfections will not be reported. Such defects and imperfections would in most cases be readily viewable by you.

17. The inspection and report CANNOT 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.

18. You agree that we cannot accept any 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.

19. If the inspection is a Pre-purchase Inspection Report then we recommend that you having the following inspection and reports carried out: –
• Timber Pest Inspection report in accordance with AS 4349.3-1998 Timber pest inspections by a fully qualified, insured and licensed Timber Pest Inspector. (This inspection and report is strongly recommended.)
• An inspection, testing and report of all electrical installations and wiring by an insured and licensed electrician.
• Any other inspection and report on such matters as plumbing, Pool condition, lift hydraulics, mechanical services and geotechnical conditions by an appropriately qualified, insured and licensed person.

20. Where our report recommends another type of inspection and report or an invasive inspection and report then you should have such an inspection carried out. If you fail to follow our recommendations then you agree and accept that you may suffer a financial loss and indemnify us against all losses that you incur resulting from your failure to act on our advice.

21. In the event of a dispute or a claim arising out of, or relating to the inspection or the report, or any alleged negligent act, error or omission on our part or on the part of the inspector conducting the inspection, either party may give written notice of the dispute or claim to the other party. If the dispute is not resolved within fourteen (14) days from the service of the written notice then either party may refer the dispute or claim to an independent mediator. The cost shall be met equally by both parties or as agreed as part of the mediation settlement. Should the dispute or claim not be resolved by mediation then one or other of the parties may refer the dispute or claim to the Institute of Arbitrators and Mediators of Australia who will appoint an Arbitrator who will resolve the dispute by arbitration. The Arbitrator will also determine what costs each of the parties are to pay.

THIRD PARTY DISCLAIMER:

The Report will be made solely for the use and benefit of the Client. No liability or responsibility whatsoever, in contract or tort, is accepted to any third party who may rely on the report wholly or in part. Any third parties acting or relying on the report, in whole or in part will do so at their own risk.

Note: In the ACT under the Civil Law (Sale of Residential Property) Act 2003 and Civil Law (Sale of Residential Property) Regulations 2004 the report resulting from this inspection may be passed to the purchase as part of the sale process providing it is carried out not more than three months prior to listing and is not more than twelve months old.

DEFINITIONS:

22. 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. Access hole means a hole in the structure allowing entry to an area.

Activity means the presence of live Timber Pests at the time of the inspection.

Client means the person(s) for whom 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.

Property means the structures and fences etc up to fifty (50) meters 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 and fences etc outside fifty (50) meters from the exterior walls of the main building be inspected then no such inspection will be carried out.

Reasonable Access means access to areas as defined in AS 4349.3-1998. The Standard defines reasonable access as access to “areas where safe, unobstructed access is provided and the minimum clearances specified in the Table below are available or, where these clearances are not available, areas within the consultant’s unobstructed line of sight and within arm’s length. Reasonable access does not include removing screws and bolts to access covers.” 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 furniture or stored goods.

Access Table from AS 4349.3-1998
______________________________________________________________________________________________________
Area Access hole Crawl space Height
______________________________________________________________________________________________________

Roof void 450mm x 400mm Clearance above access point and in the Accessible from 2.1m stepladder or Crawl space: 600mm x 600mm a 3.6m ladder placed against a wall.

______________________________________________________________________________________________________

Subfloor 500mm x 400mm Vertical clearance: Timber floor: 400mm to
Bearer, joist or other obstruction.
Concrete floor: 500mm.

______________________________________________________________________________________________________

Roof Exterior Accessible from a 3.6m ladder

Report means the document and any attachments issued to you by us following our inspection of the property.

Our/Us/We means the company, partnership or individual named below that you have requested to carry out the property inspection and report. You/Your means the party identified as the Client on the face page of this agreement, and where more than one party all such parties jointly and severally, together with any agent of that party.

23. You agree that in signing this 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 delivery of the report.

24. If you fail to sign and return a copy of this agreement to us and do not cancel the requested 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.

Timber Pest Inspection Agreement

To avoid any misunderstanding as to the type of inspection we will carry out and as to the scope of the resulting report you should immediately read, sign and return the white copy of this agreement to us. If you fail to return the copy to us and do not cancel the requested inspection then you agree that this document forms the agreement between you and us. 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 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.

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 4349.3-1998 Inspection of buildings Part 3: Timber pest inspections.

2. In the case of Termite Inspections the inspection will be carried out in accord with AS 3660.2-2000 Termite management Part2: 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. Termite Inspections are not recommended for pre-purchase inspections. AS 3660.2-2000 states this and says that the standard that should be used is AS 4349.3-1998. However, if you request only a Pre-purchase Termite Inspection then the inspection will be in accord with AS 3660.2-2000 and not AS 4349.3-1998.

5. All inspections (whether in accord with AS 4349.3-1998 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 is 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 onto wet areas such as showers etc. Other than these areas the moisture meter 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 separate contract is entered into.

9. If the property to be inspected is occupied then you 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 property 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 or Timber Pest Inspections in accord with AS 4349.3-1998 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 damp wood 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 damp wood 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 curative 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 is commonly known as Mould and is not considered a Timber Pest. However, Mould and their spores may cause health problems or allergic reactions such as asthma and dermatitis in some people. No inspection for Mould will be carried out at the property and no report on the presence or absence of Mould will be provided. Should any evidence of Mould happen to be noticed during the inspection, it will be noted in the General Remarks section of this report. If Mould is noted as present within the property and you are concerned as to the possible health risk resulting from its presence then you should seek advice from your local Council, State or Commonwealth Government Health Department or a qualified expert such as an Industry Hygienist.

LIMITATIONS.

15. Nothing contained in the Report will imply 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 infestation of Timber Pests will not occur or be found.

DETERMINING EXTENT OF DAMAGE.

16. The Report will state timber damage found as ‘slight’, `moderate’, `moderate to extensive’ or `extensive’. This information is not the opinion of an expert, as the inspector is not qualified to give an expert opinion. The Report will not and cannot state the full 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 building(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.

17. 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

18. In the event of any dispute or claim arising out of, or relating to the Inspection or the Report, or any alleged negligent act or omission on our part or on the part of the individual conducting the Inspection, either party may give written Notice of the dispute or claim to the other party. If the dispute is not resolved within twenty one (21) days from the service of the written Notice then either party may refer the dispute or claim to a mediator nominated by us. The cost shall be met equally by both parties or as agreed as part of the mediated settlement. Should the dispute or claim not be resolved by mediation then one or other of the parties may refer the dispute or claim to the Institute of Arbitrators and Mediators of Australia who will appoint an Arbitrator who will resolve the dispute by arbitration. The Arbitrator will also determine what costs each of the parties are to pay.

19. In the event any litigation is bought as a result of the inspection and/or report, you indemnify us against any legal fees and expenses incurred where you have not first allowed us the opportunity to visit the property to investigate the complaint and provide you with a written response within 28 days.

THIRD PARTIES.

20. The Report will be made solely for the use and benefit of the Client. No liability or responsibility whatsoever, in contract or tort, is accepted to any third party who may rely on the report wholly or in part. Any third parties acting or relying on the report, in whole or in part will do so at their own risk.

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 twelve months old.

DEFINITIONS.

21. 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. If ordered by the client’s Agent then it is agreed that the Agent represents the client and has the authority to act for and on behalf of the client.

High moisture readings means a reading on a moisture meter that is higher that 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. Page 4 of 5 Copyright RAPID Solutions 2002 Version: 12.08 V2 – 0

Inactive means that no active (see definition above) timber pests were detected but evidence such as workings, damage, and 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 fifty (50) meters 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 fifty (50) meters from the exterior walls of the main building be inspected no such inspection will be carried out.

REASONABLE ACCESS

Only areas to which reasonable access is available are inspected. The Australian Standard AS 3660 refers to AS 4349.3-1998 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 450mm x 400mm, and, reachable by a 2.1M step ladder or 3.6M ladder, and, there is at least 600mm x 600mm of space to crawl;

SUBFLOOR – the dimensions of the access hole must be at least 500mm x 400mm and, there is at least 400mm of space to crawl beneath the lowest bearer, or, 500mm beneath the lowest part of any concrete floor;

ROOF EXTERIOR – must be accessible by a 3.6M ladder

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 report issued to you by us following our inspection of the property.

Termites mean subterranean and damp wood termites (white ants) and does not include Dry wood termites.

Our/Us/We means the company, partnership or individual named below that you have requested lo carry out a timber pest or termite inspection and report. You/Your means the party identified as the Client on the face page of this agreement, and where more than one party all such parties jointly and severally, together with any agent of that party.

UNDERSTANDING.

22. 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.

23. You agree that in signing this 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 delivery of the report.

24. If You fail to sign and to return a copy of this agreement to Us and do not cancel the requested 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.

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