COVID19: We are still operating during COVID 19 and the lockdowns | Check Our Blog for Details

WA Building Inspections Terms of Trade and Pre-Engagement Contract

Terms of Trade ALSO Pre-Engagement Contract

By agreement to proceed with works demonstrated by one or more of the below actions, a contract is formed and the below agreement entred into:

  • Instructions to carry out work,
  • Paying fees, or a payment toward the invoice provided,

  • Or any other agreement ,this can include but is not limited to email, text or similar.

You (The customer) by agreement to proceed with works demonstrated by one or more of the below actions, a contract is formed and the below agreement entered into:

SPECIAL CONDITIONS

1. The Consultant reserves the right to reject any request for inspection at the consultant’s absolute discretion. In this event, any fees, deposit or other monies paid by the client will be refunded.

2. The Consultant shall not be liable for failure to perform any duty or obligation that the consultant may have under this agreement, where such failure has been caused by inclement weather, industrial disturbance, inevitable accident, inability to obtain labour or transportation, or any cause outside the reasonable control of the consultant.

3. This agreement is subject to change without notice.

   

SERVICE

 As requested by the Client, i.e. the person or persons, for whom the Report is to be carried out or their Principal (i.e. the person or persons for whom the report is being obtained), the inspection is to be based solely on one of the following options:

 Definitions Building Consultant means a person, business or company who is qualified and experienced to undertake inspections in accordance with Australian Standards as outlined within.

 The Report will be produced for the exclusive use of the Client. The Consultant, their company or firm is not liable for any reliance placed on the report by any third party.

 The customer is to expect an inspection in line with the relevant Australian Standards such as:

  • 1 – Pre Purchase Structural Inspections
  • 0 – New Construction or Stage Construction Inspections
  • 3 – Timber Pest inspections
  • Or a combination of these.
  • Other services offered will be in line with the service offerings we are insured to carry out providing the business or company is suitably qualified and experienced to do so, the customer should always seek to explore the qualifications of the inspector or inspection company prior to engaging them.

  The inspector is inspecting the primary building envelope ONLY, and DOE’S NOT take in to consideration any council or non-council approved structures, independent structures such as but not limited to pet enclosures, standalone pergolas, or similar separate items will not form part of the work scope unless prior agreements are made to include them.

 Primary Elements means those parts of the building providing the basic loadbearing capacity to the Structure, such as foundations, footings, floor framing, loadbearing walls, beams or columns.

 The term ‘Primary Elements’ also includes other structural building elements including those that provide a level of personal protection such as handrails; floor-to-floor access such as stairways; and the structural flooring of the building such as floorboards.

 Structural Damage or Major Structural means a significant impairment to the integrity of the whole or part of the Structure falling into one or more of the following categories: 

  • (a) Structural Cracking and Movement – major (full depth) cracking forming in Primary Elements resulting from differential movement between or within the elements of construction, such as foundations, footings, floors, walls and roofs.
  • (b) Deformation – an abnormal change of shape of Primary Elements resulting from the application of load(s).
  • (c) Dampness – the presence of moisture within the building, which is causing consequential damage to Primary Elements.
  • (c) Structural Timber Pest Damage – structural failure, i.e. an obvious weak spot, deformation or even collapse of timber Primary Elements resulting from attack by one or more of the following wood destroying agents: chemical delignification (forming part of the building inspection); fungal decay; wood borers; and termites. Conditions Conducive to Structural Damage means noticeable building deficiencies or environmental factors that may contribute to the occurrence of Structural Damage.

 Secondary Elements means those parts of the building not providing loadbearing capacity to the Structure, or those non-essential elements which, in the main, perform a completion role around openings in Primary Elements and the building in general such as non-loadbearing walls, partitions, wall linings, ceilings, tile joists, chimneys, flashings, windows, glazing or doors.

 Finishing Elements means the fixtures, fittings and finishes applied or affixed to Primary Elements and Secondary Elements such as baths, water closets, vanity basins, kitchen cupboards, door furniture, window hardware, render, floor and wall tiles, trim or paint. The term ‘Finishing Elements’ does not include furniture or soft floor coverings such as carpet and lino.

 Major Defect or significant defect means a defect of significant magnitude where rectification has to be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the property.

 Minor Defect means a defect other than a Major Defect, this is commonly referred to as maintenance items of areas included in the report as general advice.

 Serious Safety Hazard means any item that may constitute an immediate or imminent risk to life, health or property. Occupational, health and safety or any other consequence of these hazards has not been assessed. 

Tests means where appropriate the carrying out of tests using the following procedures and instruments: 

(a) Dampness Tests means additional attention to the visual examination was given to those accessible areas which the consultant’s experience has shown to be particularly susceptible to damp problems. Instrument testing using electronic moisture detecting meter of those areas and other visible accessible elements of construction showing evidence of dampness was performed.

(b) Physical Tests means the following physical actions undertaken by the consultant: opening and shutting of doors, windows and draws; operation of taps; water testing of shower recesses; and the tapping of tiles and wall plaster. 

There is no forecasted time or duration between the inspection and the result of further deterioration of any item inspected, therefore the inspection in no way is a warranty against further damage or risk to safety, and the customer acknowledges that attention be given to the defect in or sooner than suggested by the inspector.

   

ACCESS:

 You must advise us of any pets or any personal or family/staff concerns prior to our attendance.

 If the house is occupied, WE WILL NOT TURN OFF POWER, due to the risk of damaging appliances, equipment or any other electrical device in a property that is occupied in any way, the inspector cannot (due to liability) trip the power to the property, as such accessing a confined space such as subfloor and roof space as outlined in Occupational Safety and Health Act (Guidance Note 2018) and therefore cannot be fully achieved, the customer agrees to this.

 The inspector will make a determination based on his views at the time on the inspection based on the merits presented, this may include safety due to possible vermin, snakes, sharp objects, power, integrity of foundations, chemicals, weather, poor ventilation, contaminants or similar.

The term ‘readily accessible’ also includes: 

  • Unless noted in “Special Conditions or Instructions”, the inspection only covers the Readily Accessible Areas of the Building & Site. Readily Accessible Areas means areas which can be easily and safely inspected without injury to person or property, are up to 3.6 metres above ground or floor levels, in roof spaces where the minimum area of accessibility is not less than 600 mm high by 600 mm wide and subfloor spaces where the minimum area of accessibility is not less than 400 mm high by 600 mm wide, providing the spaces or areas permit entry, should high reach be needed, the customer will need to advise the Inspector and carry additional costs for use of high lift equipment such as but not limited to scissor lifts, cherry picker, scaffold, drone assistance or similar.
  • Accessible subfloor areas on a sloping site where the minimum clearance is not less than 150 mm high, provided that the areas is not more than 2 metres from a point with conforming clearance (i.e. 400 mm high by 600 mm wide); and
  • Areas at the eaves of accessible roof spaces that are within the consultant’s unobstructed line of sight and within arm’s length from a point with conforming clearance (i.e. 600 mm high by 600 mm wide).
  • Obstructed access point due to cover, stored goods, fauna, general obstruction, locked or similar, it is NOT the inspectors role to move or arrange the removal of such items in order to gain access, the client shall arrange right of entry, facilitate physical entry to the property and supply necessary information to enable the inspector to undertake the inspection and prepare a report. The inspector is not responsible for arranging entry to the property or parts of property.
  • The inspection does not include areas, which are inaccessible, not readily accessible or obstructed at the time of inspection. Areas, which are not normally accessible are not inspected and include – but not limited to – the interior of a flat roof or beneath a suspended floor filled with earth.  Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include – but are not limited to – roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements or earth.
  • Areas where reasonable entry is denied to the inspector, or where reasonable access is not available, are excluded from, and do not form part of, the inspection. If a home accessed for an inspection has occupants deny access to certain spaces, this will be excluded from the report and the customer is to ensure prior to the inspection that this has been agreed to avoid limited access, obstructing furniture should be removed from the walls prior to entry by the inspector.

 

LIMITATIONS and EXCLUSIONS

 The Client acknowledges:

 ‘Visual only’ inspections are not recommended. A visual only inspection may be of limited use to the Client. In addition to a visual inspection, to thoroughly inspect the Readily Accessible Areas of the property requires the Consultant to carry out whenever necessary appropriate tests.

The Report does not include the inspection and assessment of items or matters outside the scope of the requested inspection and report. Other items or matters may be the subject of a Special-Purpose Inspection Report, which is adequately specified (see Exclusions below).

  1. The Report does not include the inspection and assessment of items or matters that do not fall within the Consultant’s direct expertise.
  2. Australian Standard AS4349.1-2007 ‘Inspection of Buildings. Part 1: Pre-Purchase Inspections – Residential Buildings’ recognises that a property inspection report is not a warranty against problems developing with the building in the future. With Respect to Timber pest, the same is assumed however pursuant to Australian Standard AS 4349.3 Inspections of Buildings With Respect to New Construction the same is assumed however pursuant to Australian Standard AS 4349.0.
  3. The Building inspector will advise on minor items as a matter of added value, however indemnifies himself and the company of liability in this regard, items such as and will exclude from the report:
  4. The inspection is NOT in any way a warranty or guarantee.
  5. If an item is missed in error or due to concealment, obstruction or similar and is found to be faulty, the inspection Company and Inspector is indemnified of liability in this regard. 
  • Any individual Minor Defect;
  • Solving or providing costs for any rectification or repair work;
  • The structural design or adequacy of any element of construction;
  • Detection of wood destroying insects such as termites and wood borers (Refer to Timber Pest Inspection for more details regarding scope if Timber Pest is included in the report)
  • The operation of fireplaces and chimneys;
  • Any services including building, engineering (electronic), fire and smoke detection or mechanical;
  • Lighting or energy efficiency;
  • Any swimming pools and associated pool equipment or spa baths and spa equipment or the like;
  • Any appliances such as dishwashers, insinkerators, ovens, stoves and ducted vacuum systems;
  • a review of occupational, health or safety issues such as asbestos content, the provision of safety glass or the use of lead based paints;
  • A review of environmental or health or biological risks such as toxic mould;
  • Whether the building complies with the provisions of any building Act, code, regulation(s) or by-laws or structures relating to approvals by local council;
  • Whether the ground on which the building rests has been filled, is liable to subside, swell or shrink, is subject to landslip or tidal inundation, or if it is flood prone; ; and
  • In the case of strata and company title properties, the inspection of common property areas or strata/company records. Any of the above matters may be the subject of a special-purpose inspection report, which is adequately specified and undertaken by an appropriately qualified inspector.

 

SERVICE TIMBER PEST REPORT (this specific to timber pest inspections) 

  • Timber Pest Attack means Timber Pest Activity and/or Timber Pest Damage.
  • Timber Pest Activity means tell-tale signs associated with ‘active’ (live) and/or ‘inactive’ (absence of live) Timber Pests at the time of inspection.
  • Timber Pest Damage means noticeable impairments to the integrity of timber and other susceptible materials resulting from attack by Timber Pests.
  • Major Safety Hazard means any item that may constitute an immediate or imminent risk to life, health or property resulting directly from Timber Pest Attack. Occupational, health and safety or any other consequence of these hazards has not been assessed.
  • Conditions Conducive to Timber Pest Attack means noticeable building deficiencies or environmental factors that may contribute to the presence of Timber Pests.
  • Timber Pest Detection Consultant means a person who meets the minimum skills requirement set out in the current Australian Standard AS 4349.3 Inspections of Buildings. Part 3: Timber Pest Inspection Reports or state/territory legislation requirements beyond this Standard, where applicable.
  • Timber Pests means one or more of the following wood destroying agents which attack timber in service and affect its structural properties:

 

  1. Chemical Delignification (Often noted as a building report item) – the breakdown of timber through chemical action.
  2. Fungal Decay – the microbiological degradation of timber caused by soft rot fungi and decay fungi, but does not include mould, which is a type of fungus that does not structurally damage wood.
  3. Wood Borers – wood destroying insects belonging to the order ‘Coleoptera’ which commonly attack seasoned timber.
  4. Termites – wood destroying insects belonging to the order ‘Isoptera’ which commonly attack seasoned timber. Tests means additional attention to the visual examination was given to those accessible areas which the consultant’s experience has shown to be particularly susceptible to attack by Timber Pests.

 

Instrument testing of those areas and other visible accessible timbers/ materials/areas showing evidence of attack was performed. Instrument Testing means where appropriate the carrying out of Tests using the following techniques and instruments: 

  1. electronic moisture detecting meter – an instrument used for assessing the moisture content of building elements;
  2. stethoscope – an instrument used to hear sounds made by termites within building elements;
  3. probing – a technique where timber and other materials/areas are penetrated with a sharp instrument (e.g. bradawl or pocket knife), but does not include probing of decorative timbers or finishes, or the drilling of timber and trees; and
  4. sounding – a technique where timber is tapped with a solid object.

 

ADDITIONAL LIMITATIONS (PEST INSPECTIONS)

 

The Client acknowledges:

  1. The Report does not include the inspection and assessment of matters outside the scope of the requested inspection and report.
  2. The detection of drywood termites may be extremely difficult due to the small size of the colonies. No warranty of absence of these termites is given.
  3. European House Borer (Hylotrupes bajulus) attack is difficult to detect in the early stages of infestation as the galleries of boring larvae rarely break through the affected timber surface. No warranty of absence of these borers is given. Regular inspections including the carrying out of appropriate tests are required to help monitor susceptible timbers.
  4. This is not a structural damage report. Neither is this a warranty as to the absence of Timber Pest Attack.
  5. If the inspection is limited to any particular type(s) of timber pest (e.g. subterranean termites), then this would be the subject of a Special-Purpose Inspection Report, which is adequately specified.
  6. The Report does not cover or deal with environmental risk assessment or biological risks not associated with Timber Pests (e.g. toxic mould) or occupational, health or safety issues. Such advice may be the subject of a Special-Purpose Inspection Report which is adequately specified and must be undertaken by an appropriately qualified inspector. The choice of such inspector is a matter for the Client.
  7. Due to the risks associated with possible damaged caused, if the water or services in general to the home are turned off, this will NOT be turned on by the inspector, turning on services could result in unforeseen damage to the property and as such arrangement should be made by the customer to ensure services are active to the home prior to the inspection, should this not be possible, the inspector cannot report on related items and will request another inspection be carried out to inspect. 

 

FORCE MAJEURE: 

 The Company or the Inspector shall not be responsible for failure to meet any obligation if the failure results directly or indirectly from a cause beyond its control. 

 

DEBT COLLECTION: 

 The Customer indemnifies The Company or the Inspector for all expenses incurred in relation to the recovery of debts owed by the Customer and the customer is personally liable for any and all debts and personally guarantees any and all debts. 

 

LIABILITY: 

 To the extent permitted by law:-  

  • The Company or the Inspector will not be liable for any loss of profits or revenue, loss of business, wasted expenditure or any form of indirect or consequential loss arising out of or in connection with this agreement, the supply of the services, the equipment or the sale of any goods. 
  • where a claim relates to a guarantee or warranty under the Australian Consumer Law, The Company or the Inspectors total aggregate liability to the Customer under or in relation to this agreement (including in contract, negligence, tort or any common law or statutory right) is limited at The Company or the Inspector option to: 
  • in relation to claims relating to services, the resupply of the services or the costs of resupply of the service; or 
  • in relation to claims relating to goods, the resupply of the costs or the cost of re supply of the goods. 
  • in all other circumstances, the liability of The Company or the Inspector to the Customer (including in contract, negligence, tort or any common law or statutory right) under this agreement will not exceed the fees received by The Company or the Inspector from the Customer pursuant to this agreement. 

 

PRIVACY: 

No guarantee is made that emails are free of computer viruses or other defects. We suggest that any attachments and communications be scanned using appropriate virus detection software before use. We will accept no liability for any loss or damage which may result directly or indirectly from opening or using any such attachment. All e-mails are confidential. If you received them in error, please notify the author by making contact to The Company or the Inspector. Communications are strictly between The Company or the Inspector and the Client, no content produced or discussed is to be shared in anyway unless both parties agree in writing. All parties agree to this. Once formal reports are provided and the full sum paid by the customer, the customer may share the formal report with the Selling Real-estate Agent, and or Settlement Lawyers, Bank or lender/s ONLY and to no other party as the content in the reports may contain private information, written consent is required in order to reproduce or share content.

 

WEN SERVICES ARE RECOMMENDED: 

WA Building and Pest Inspections Brokers the negotiation between the supplier and the customer of WA Building and Pest Inspections, disputes, negotiations, defects and delays if they arise is to be dealt with between the supplier and the customer directly, WA Building and Pest Inspections will assist throughout the project however, WA Building and Pest inspections do not offer direct building services, WA Building and Pest Inspections indemnifies themselves against claims either such way between any parties, monies that are paid to WA Building and Pest Inspections may be passed on to the supplier/s, this DOES NOT make the service/s paid for the responsibility of WA Building and Pest Inspections.

 

QUALIFICATIONS

WA Building and Pest Inspections means the company, the sole trader/s, the subcontractor/s. Building Inspectors both directly or indirectly engaged, do not necessarily all hold a registered builder practitioner licence number as they do not offer building services, nor is it a requirement of the WA Building Commission for them to hold such licences, however are suitably qualified to perform the Inspections, the signing off inspector will have at least 10 years construction experience, required to hold a diploma of building and construction and are preferred to hold a related degree, the company and its Staff will carry insurances, the company also a member of the HIA (Housing Industry Association, many of which are the qualifications required to obtain a registered building practitioners licence.

 

OUTSOURCING: 

WA Building and Pest Inspections reserve the right to contract or sub contract work out to other companies in order to achieve deadlines or carry out works as requested by the customer, the terms of trade outlined apply to those outsourced companies also.

  

MONEY BACK: 

“Not satisfied”, needs to be demonstrated by the customer to the inspector, how the report provided was inadequate in line with the requirements and purpose of the report and the terms of trade set out prior to performing the inspection (and agreed to by definition of a transaction or agreement as outlined), “timing or late supply” of the report does not constitute “not satisfied”

Should the customer be refunded in anyway, however much is agreed (All or a part of the money paid by the Client), the scope of work carried out in any and all ways is considered null and void, and the Client fully releases any and all liability against the company in all ways regardless of the customer future claim/s, the same applies to the companies workers, sub contracts, staff, sub brands, holding companies, directors, partners, insurers and sole trader/s.

 

SOCIAL MEDIA AND SEARCH ENGINS:

 If refunded, the customer MUST remove ALL ONLINE CONTENT, not doing so may result in deformation action taken against the customer, a refund will unwind works and the scope of work carried out in any and all ways is considered null and void, as such no works having therefore been carried out, waived the customer ability to poorly remark or brand, or defame The Company,  companies workers, sub contracts, staff, sub brands, holding companies, directors, partners, insurers and sole trader/s or similar. Costs and damages will be sought if defamed.

 

LATE PAYMENTS:  

The customer is on a COD basis, once the inspection is complete, the customer will receive an email stating the payment information, the customer is required to pay for the services in full prior to receiving then formal report as services have been completed, once payment is made and received into The Company or the Inspector nominated account, the report and paid invoice may be sent to the customer. 

At no time is a customer on an account basis unless a written agreement is entered into. 

The customer acknowledges that late payments attract administration fees, this to the total $27.00 + GST per phone call, text, or email chasing payment, should no action be taken to recover funds by The Company or the Inspector, a $50.00 + GST late fee will apply to the customer. 

Failing to pay for the invoice, the customer acknowledges that the customer is personally liable and personally guarantees the debt against personal assets, including but not limited to the customers property.

Legal fees relating to recoveries are payable by the customer in full.

 

Categorization (Timber Pest):

 Moderate:

 Means the customer has been made aware that there is a serious risk of timber pest activity or damage caused by timber pest, there are conducive elements (some unavoidable) and should make all efforts to engage licenced pest company to perform treatments in the above mentioned time or 6 months (whichever the lessor) to ensure the sighted risks do not elevate. Please note that all areas due to tight spaces and or obstructions cannot be inspected, therefore risk in those areas are considered high and the customer should make efforts to remove obstructions and arrange another inspection of those locations, inspections are visual only and do not permit inspectors from lifting, removing opening obstructions.

 

Moderate-High:

 Means the customer has been made aware that there is a serious risk of timber pest activity or damage caused by timber pest, there are conducive elements (some unavoidable) and should make all efforts to engage licenced pest company to perform treatments in the above mentioned time or 3 months (whichever the lessor) to ensure the sighted risks do not elevate. Please note that all areas due to tight spaces and or obstructions cannot be inspected, therefore risk in those areas are considered high and the customer should make efforts to remove obstructions and arrange another inspection of those locations, inspections are visual only and do not permit inspectors from lifting, removing opening obstructions.

 

High:

 Means the customer has been made aware that there is a serious risk of timber pest activity or damage caused by timber pest, there are conducive elements (some unavoidable) and should make all efforts to engage licenced pest company to perform treatments in the above mentioned time or 1 month (whichever the lessor) to ensure the sighted risks can be addressed. Please note that all areas due to tight spaces and or obstructions cannot be inspected, therefore risk in those areas are considered high and the customer should make efforts to remove obstructions and arrange another inspection of those locations, inspections are visual only and do not permit inspectors from lifting, removing opening obstructions.

 

TIMBER PEST REPORT – RISK MANAGEMENT OPTIONS:

 To help protect against financial loss, it is essential that the building owner immediately management or rectify any evidence of destructive timber pest activity or damage identified in this Report. The Client should further investigate any high risk area where access was not gained. It is strongly advised that appropriate steps be taken to remove, rectify or monitor any evidence of conditions conducive to timber pest attack. To help minimise the risk of any future loss, the Client should consider whether the following options to further protect their investment against timber pest infestation are appropriate for their circumstances: Undertake thorough regular inspections at intervals not exceeding twelve months or more frequent inspections where the risk of timber pest attack is high or the building type is susceptible to attack. To further reduce the risk of subterranean termite attack, implement a management program in accordance with Australian Standard AS 3660. This may include the installation of a monitoring and/or baiting system, or chemical and/or physical barrier. However, AS 3660 stresses that subterranean termites can bridge or breach barrier systems and inspection zones and that thorough regular inspections of the building are necessary. If the Client has any queries or concerns regarding this Report, or the Client requires further information on a risk management program, please do not hesitate to contact the person who carried out this Inspection.

 

General Notation Categorization (Building Inspection)

 In relating to the Inspection, the meaning of ratings: Good | Fair | Poor are defined as: 

Good:

 An item location is considered “good” if the item is performing better that that another or similar item in a comparable home for its expected age, this does not indicate the item or location is considered “perfect”, and all items should be viewed annually to ensure degrading or deterioration are monitored. 

Fair:

 An item location is considered “fair” if the item is performing as could be expected comparing to that of another or similar item in a comparable home for its expected age, this rating of fair generally means the item should be attended to in order to prevent further degrading or deterioration, failing to address the area outlined, could result in a decline in quality, structural effectiveness or may contribute to factors leading to loss of amenity or similar, and is recommended the area inspected get attention within or less than 12 ,months. 

Poor:

 An item location is considered “poor” if the item is performing less than should be expected comparing to that of another or similar item in a comparable home for its expected age, this rating of poor generally means the item should be attended as soon as possible in order to prevent further degrading or deterioration, failing to address the area outlined, could result in a decline in quality, structural effectiveness or may contribute to factors leading to loss of amenity or similar, the item inspected at this rating is classed as urgent and should have remediation action as soon as possible.

 The Customer’s acceptance of these terms may be confirmed either by signing this document, confirming its acceptance by email, text message, payment of any amount or allowing The Company or the Inspector to perform the Service.  

Acceptance

 The Customer’s acceptance of these terms may be confirmed either by signing this document, confirming its acceptance by email, text message, payment of any amount or allowing The Company or the Inspector to perform the Service.