AriDra Building Inspection and Service Agreement
TERMS AND CONDITIONS
This agreement relates to a visual inspection only and is conducted in accordance with Australian Standards AS 4349.1 & AS 4349.0. Any person who relies upon the contents of this report does so acknowledging that the following clauses define the scope and limitations of the inspection, and form an integral part of the report.
- PURPOSE OF INSPECTION
1.1 The purpose of this inspection is to provide advice to a prospective purchaser or other interested party regarding the condition of the property at the time of the inspection. The advice is limited to the reporting of the condition of the building elements and services as set out in Aust. Standard 4349.1-2007.
2.1 This report is NOT intended to stringently scrutinise every aspect of the building but is a reasonable attempt to identify any obvious or significant defects (namely obvious or significant defects of sufficient magnitude where rectification must be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the building) apparent at the time of the inspection and form an opinion regarding these.
2.2 The inspection is a non-invasive visual inspection only, limited to those areas of the building that are fully accessible and visible to the inspector at the time of the inspection. The inspection does not include dismantling, taking apart or moving objects. For further information on the limitations of the inspection caused by access and visual inspection see clauses 3.5 – 3.9… below.
2.3 This 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 in the future. It does not identify unauthorised or non-compliant building work. It does not identify title boundaries, building set-out, boundary setbacks, building heights and datum’s, encroachments, location of any easements, covenants, heritage listing or any other similar restrictions imposed by statutory authorities.
2.4 The inspection will be carried out in line with (unless agreed to in writing, prior to the inspection) Australian Standard AS 4349.1-2007, Clause 3.2.2 Safe and reasonable access, which states: The extent of accessible areas shall be determined by the inspector at the time of inspection, based on the conditions encountered at the time of inspection. The inspector shall also determine whether sufficient space is available to allow safe and reasonable access. If sub-floor areas appear to have been recently sprayed with any Chemical Treatments these areas should not be inspected unless it is safe to do so.
2.5 This report does not and cannot make comment upon defects that may have been concealed; the assessment or detection of defects (including rising damp and leaks) that may be subject to prevailing weather conditions. This report does not cover or comment on all building services, furnishings and the like, that may be present in the building. The inspector will not inspect inside of walls, between floors, inside flat roofing, inside any eave areas, behind any stored goods in cupboards, behind heavy furnishings and other areas that are obstructed at our inspection.
2.6 The Pre-Purchase Basic Inspection is an assessment of the structure of the property only, the inspection is carried out in accordance with Appendix A of the AS 4349.1-2007. It does not report on any non-structural elements of construction, minor defects or serious safety hazards. Items not commented on include for example roof coverings, gas, water & sanitary plumbing, cabinetry, windows, doors, trims, fencing, minor structures, non-structural damp issues, ceiling linings, plastering, painting, tiling etc.
2.7 The Pre-Purchase Advanced Inspection is limited to the reporting of the building elements and services as set out in AS 4349.1 – 2007 Appendix ‘C’. The inspector need not inspect or report on the list of exclusions provided in Appendix D of AS 4349.1-2007 however our ‘Advanced’ building inspection does comment on the following excluded items: Air-conditioning, operation of smoke detectors & RCD safety switches, light switches & fittings, ovens, cook tops, range hoods, exhaust fans, automatic garage door opener, floor coverings, wall paint and roof insulation. Any of these items mentioned in the report have only been tested using normal operator controls and is a limited visual inspection only. Where necessary a suitable qualified person should be engaged for any issues outlined in the report or if more detail is required on the appliance or fixture for example the efficiency of air conditioning units. Excluded items are included in clause 3.10.
3.1 In accordance with AS 4349.1 this is a “Visual Only” inspection to assess the general condition of the building and report on any major defects to the structural integrity of the building elements that may be apparent at the time of the inspection. Whether a defect is considered significant or not, depends to a large extent, upon the age and type of the building inspected. The building should be compared to a building of similar age constructed in accordance with the acceptable standards at the time of construction.
3.2 This inspection report does NOT INCLUDE assessment of items outside the scope of the requested inspection report, unless specified in writing.
3.3 This report does not cover assessment of the ground on which the structure was placed, whether it is a filled site, subject to subsidence, landslip or flooding, but is not limited to these.
3.4 This is NOT a report by a structural engineer nor is it a guarantee or warranty of any description that structural damage does not exist or may not occur in the future. Should advice of a structural nature be required a structural engineer should be engaged.
3.5 In accordance with AS 4349.1, the inspection will not extend to areas where access is restricted, including physical obstructions, no or small access holes, crawl space too small, height and safety issues, access is denied or deliberately concealed, but is not limited to these. The report will identify any area or item within scope of the inspection that was not inspected and the factor that prevented inspection.
3.6 Due to the safety aspect and possibility of damage the inspector will not walk on tile or slate roofs unless, agreed to in writing (in the special conditions prior to the inspection) by the client or owner releasing AriDra Building Inspections and the inspector from any claim in case of any unforeseen damage occurring.
3.7 All sections of the property should be fully accessible and visible to the Inspector at the time of the inspection. It is the client’s responsibility to arrange access to the property and all parts of the property to be inspected. The inspector will not wait on site for access to be made and will only inspect those areas that are fully accessible and visible at the time of the inspection.
3.8 This inspection is non-invasive and DOES NOT include breaking apart, dismantling, removing or moving objects including, but not limited to, foliage, roof insulation, floor or wall coverings, ceilings, floors, furnishings, appliances or personal possessions. The inspector cannot see inside walls, between floors, inside skillion roofing, behind stored goods or other areas that are concealed or obstructed. The inspector will not dig, gouge, force or perform any invasive procedure. Visible timbers cannot be destructively probed or hit without written permission of the property owner.
3.9 In accordance with Appendix B of AS 4349.1, only the interior and immediate exteriors of strata title or similar multi-unit properties are inspected. This excludes common areas of the building and review of the Owners records. It is advised that the client obtain a “special-purpose” inspection report adequately specifying for the inspection of common areas of the building. It is also advised for the client to obtain a review of the Owners Corporation or similar records prior to deciding on the purchase of the property.
3.10 AS 4349.1 – 2007 Appendix D Exclusions of items from inspection. Excluded items on this list include but are not limited to are: gas fittings and fixtures, alarm systems, intercom systems, ducted vacuum systems, dishwashers, spa baths, swimming pools, spas and associated filtration and pumps equipment, pool safety barriers, timber pest activity, retic irrigation systems & bores and associated pumps and equipment, Timber and metal framing size and adequacy and concealed tie-downs and bracing these will not be inspected or reported on unless the inspector sees fit to included them for any reason. It is advised that (where required) a suitably qualified person be engaged for assessment of these items. They include (but are not limited to) the detection of timber pest activity: detection of allergens such as (but not limited to) Mould (Mildew): hydraulic, electrical and mechanical services: geotechnical and structural assessment: swimming pools and fire-safety compliance: asbestos detection: etc.
3.11 The report cannot include and accepts no responsibility for defects that are not present at the time of the inspection. These defects may only become apparent in, or because of (but not limited to) differing and sustained inclement weather. For example, (but not limited to): moisture penetrations from ongoing rain and wind that are not present at the time of the inspection.
3.12 The assessment or detection of defects (including rising damp and leaks) which may be subject to the prevailing weather conditions: whether services have been used for some time prior to the inspection and whether this will affect the detection of leaks or other defects (e.g. In the case of shower enclosures the absence of any dampness at the time of the inspections does not necessarily mean that the enclosure will not leak)
3.13 AriDra Building Inspections does not hold any responsibility for any repair of defects disclosed by this inspection report including damage that exists in areas that were inaccessible at the time of this inspection.
3.14 Any items outside the scope or limitations of this report will require a Special Purpose Report.
- DISCLAIMER OF LIABILITIES
4.1 This report is made solely for the use and benefit of the client named in the report. No liability or responsibility whatsoever, in contract or tort is accepted to any third party that may rely on the report wholly or in part. Any third party acting or relying on the report in whole or in part does so at his or her own risk. This building inspection report has been commissioned by the client and is not transferable. No liability or responsibility is accepted whatsoever for any reliance placed upon this report wholly or in part by any third party. Any third parties acting or relying on this report do so at their own risk.
4.2 No liability is accepted whatsoever for failure of this building inspection report to detect or report any problems that may occur in areas that were inaccessible to the inspector at the time of this inspection. These areas are excluded from and do not form part of this report. Any such areas may be subject of an additional inspection and monetary cost.
4.3 No responsibility can be accepted for defects that are latent or otherwise not reasonably detected on a visual inspection without interference with or removal of any of the structure including fixtures or fittings within the building.
4.4 The report is only valid for the date of inspection and is based on the condition of the property at time of inspection.
4.5 AriDra Building Inspections owns the copyright and all other intellectual property rights about the preparation of this report. Unless AriDra Building Inspections agrees otherwise the client may use the contents of the report only for the limited purpose to which the report was created. AriDra Building Inspections has the right to on-sell the inspection report to 3rd parties subject to removal of any specific client details. All rights reserved.
- CONSUMER COMPLAINTS PROCEDURE
5.1 In the event of any controversy or claim arising out of, or relating to this report, either party must be given written notice of the dispute to the other party. If the dispute is not resolved within ten (10) days from the service of the notice, then the dispute shall be referred to a mediator nominated by the inspector. Should the dispute not be resolved by mediation then either party may refer the dispute to the Institute of Arbitrators and Mediators of Australia for resolution by arbitration.
- CLIENT ACKNOWLEDGEMENT
6.1 The client acknowledges that this inspection report is not intended to stringently scrutinise the structural elements but to visually assess them and form an opinion.
6.2 This report is not a warranty or an insurance policy against problems that might arise in the future.
6.3 The extent of the report is limited to the initial inspection agreement. Additional items outside the scope of the report, such as re-inspections, mediation, court appearance or expert witness testimonials, but not limited to these will be subject to an additional monetary cost.
6.4 A copy of the Standard can be purchased from Standards Australia.
6.5 Our engagement is confined to that of a Building Consultant and not a Building surveyor or a Structural Engineer.
6.6 The report remains the property of AriDra Building Inspections until full payment is received or defaults are reclaimed at the clients cost.
6.7 The client acknowledges that in booking the inspection they agree to the Terms & Conditions listed, that the inspection will be carried out in accordance with this agreement and cancelations at short notice may incur a minimum charge.