THIRD PARTIES
- Compensation will only be payable for losses arising in contract or tort sustained by the Client named on the front of this Any third party acting or relying on this Report, in whole or in part, does so entirely at their own risk. However, if ordered by a Real Estate Agent or a Vendor for the purpose of auctioning a property then the Inspection Report may be ordered up to seven (7) days prior to the auction,copies may be given out prior to the auction and the Report will have a life of 14 days during which time it may be transferred to the purchaser. Providing the purchaser agrees to the terms of this agreement then they may rely on the report subject to the terms and conditions of this agreement and the Report itself.
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.
- 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 clause.
However, We may sell the Report to any other Person although there is no obligation for Us to do so.
- Release
You release Us from any and all claims, actions, proceedings, judgments, 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.
- Indemnity
You indemnify Us in respect of any and all liability, including all claims, actions, proceedings, judgments, 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.
USE OF CONTENT
You authorise Us to take photographs or video footage of any building or construction defects,timber rot, evidence of termites, wood borers, or fungal decay building defects that we identify on the premises during the course of our inspection.
At all times, We own the copyright to the photographs, video footage, and digital files taken by us during the course of the inspection. In the alternative and for the absence of any doubt, You hereby assign and grant to us the irrevocable and unrestricted right to use and publish the
photographs or video footage taken.
It is agreed that We may display and use the photographs or video footage taken for
advertising, display, website and internet promotion, publishing on social media, on public display, window display, television advertising, magazine advertising or any other reasonable purpose
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 the property has received maintenance to ensure that the intended strength and serviceability of the building have not signif icantly deteriorated over time.
Access hole (cover) means a hole in the structure allowing safe entry to an area.
Accessible 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/UsNVe" 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 intended practicalperformance 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) metres 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 tho·se 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 AS4349. 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 SOOmm x 400mm, an.d, 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 destruct ive 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 below that You have requested to carry out the property inspection and report.
You/Your means the party identified on the face page of this agreement 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 signing this agreement You have read a.nd 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.
If You failto 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.
Note: Additional inspection requirements requested by You may incur additional expense in regard to the cost of the inspection.