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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,

You (The customer) agree to the terms or trade and as such a pre-engagement contract is valid, the contents below:

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.

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:

Option 1 A Pre-Purchase Standard Property & Timber Pest Report comprising a Property Report and a Timber Pest Report.

Option 2 A Special-Purpose Inspection Report must include the defined purpose, scope and acceptance criteria on which the inspection report is to be based. A Special-Purpose Inspection Report may include Option 1 as well as the particular requirements of the Client which are specified and where applicable attached to this document.

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.

 

ACCESSIBILITY

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.

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:

(a) 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

(b) 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). Building & Site means the inspection of the nominated residence together with relevant features including any car accommodation, detached laundry, ablution facilities and garden sheds, retaining walls more than 700 mm high, paths and driveways, steps, fencing, earth, embankments, surface water drainage and stormwater run-off within 30 m of the building, but within the property boundaries.

For the timber pest inspection, the term “Building & Site” is extended to include the main building (or main buildings in the case of a building complex) and all timber structures (such as outbuildings, landscaping, retaining walls, fences, bridges, trees and stumps with a diameter greater than 100 mm and timber embedded in soil) and the land within the property boundaries up to a distance of 50 metres from the main building(s).

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.

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 property or parts of property.

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.

 

PROPERTY REPORT

Definitions Building Consultant means a person, business or company who is qualified and experienced to undertake a pre-purchase inspection in accordance with Australian Standard AS 4349.1-2007 ‘Inspection of Buildings. Part 1: Pre-Purchase Inspections – Residential Buildings’. The consultant must also meet any Government licensing requirement, where applicable.

Structure means the loadbearing part of the building, comprising the Primary Elements.

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.

(d) 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, 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.

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.

PURPOSE, SCOPE AND ACCEPTANCE CRITERIA

 The Property Report (“the Report”) is to be carried out by a Building Consultant (“the Consultant”).

PURPOSE OF INSPECTION The purpose of the inspection is to provide advice to the Client regarding the condition of the Building & Site at the time of inspection.

SCOPE OF INSPECTION The Report only covers or deals with any evidence of: Structural Damage; Conditions Conducive to Structural Damage; any Major Defect in the condition of Secondary Elements and Finishing Elements; collective (but not individual) Minor Defects; and any Serious Safety Hazard discernible at the time of inspection. The inspection is limited to the Readily Accessible Areas of the Building & Site (see Note below) and is based on a visual examination of surface work (excluding furniture and stored items), and the carrying out of Tests. Note. With strata and company title properties, the inspection is limited to the interior and the immediate exterior of the particular residence to be inspected. Common property is not inspected as part of the Report.

 ACCEPTANCE CRITERIA

Unless otherwise agreed and noted in “Special Conditions or Instructions” for this report request, the building shall be compared with a building that was constructed in accordance with the generally accepted practice at the time of construction and which has been maintained such that there has been no significant loss of strength and serviceability.

Unless noted in “Special Conditions or Instructions”, the Report assumes that the existing use of the building will continue. The Report only records the observations and conclusions of the Consultant about the readily observable state of the property at the time of inspection. The Report therefore cannot deal with:

(a) possible concealment of defects, including but not limited to, defects concealed by lack of accessibility, obstructions such as furniture, wall linings and floor coverings, or by applied finishes such as render and paint; and

(b) undetectable or latent defects, includeing but not limited to, defects that may not be apparent at the time of inspection due to seasonal changes, recent or prevailing weather conditions, and whether or not services have been used some time prior to the inspection being carried out. These matters outlined above in (a) & (b) are excluded from consideration in the Report.

LIMITATIONS

The Client acknowledges:

    1. ‘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.
    2. 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).
    3. The Report does not include the inspection and assessment of items or matters that do not fall within the Consultant’s direct expertise.
    4. 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. Exclusions The Client acknowledges that the Report does not cover or deal with:
    5. 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.

(i) any individual Minor Defect;

(ii) solving or providing costs for any rectification or repair work;

(iii) the structural design or adequacy of any element of construction;

(iv) detection of wood destroying insects such as termites and wood borers;

(v) the operation of fireplaces and chimneys;

(vi) any services including building, engineering (electronic), fire and smoke detection or mechanical;

(vii) lighting or energy efficiency;

(viii) any swimming pools and associated pool equipment or spa baths and spa equipment or the like;

(ix) any appliances such as dishwashers, insinkerators, ovens, stoves and ducted vacuum systems;

(x) a review of occupational, health or safety issues such as asbestos content, the provision of safety glass or the use of lead based paints;

(xi) a review of environmental or health or biological risks such as toxic mould;

(xii) whether the building complies with the provisions of any building Act, code, regulation(s) or by-laws;

(xiii)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

(xiv) 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.

TIMBER PEST REPORT

Definitions

Timber Pest Attack means Timber Pest Activity and/or Timber Pest Damage.

Timber Pest Activity means telltale 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:

(a) Chemical Delignification (Often noted as a building report item)- the breakdown of timber through chemical action.

(b) 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.

(c) Wood Borers – wood destroying insects belonging to the order ‘Coleoptera’ which commonly attack seasoned timber.

(d) 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:

(a) electronic moisture detecting meter – an instrument used for assessing the moisture content of building elements;

(b) stethoscope – an instrument used to hear sounds made by termites within building elements;

(c) 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

(d) sounding – a technique where timber is tapped with a solid object.

Purpose, Scope and Acceptance Criteria

The Timber Report (“the Report”) is to be carried out by a Timber Pest Detection Consultant (“the Consultant”).

PURPOSE The purpose of the inspection is to assist the Client to identify and understand any Timber Pest issues observed at the time of inspection.

SCOPE OF INSPECTION The Report only deals with the detection or non detection of Timber Pest Attack and Conditions Conducive to Timber Pest Attack discernible at the time of inspection. The inspection is limited to the Readily Accessible Areas of the Building & Site (see Note below) and is based on a visual examination of surface work (excluding furniture and stored items), and the carrying out of Tests. Note. With strata and company title properties, the inspection is limited to the interior and the immediate exterior of the particular residence to be inspected. Common property is not inspected as part of the Report.

ACCEPTANCE CRITERIA Unless otherwise agreed and noted in “Special Conditions or Instructions” for this report request, the building being inspected is to be compared with a similar building. To the Consultant’s knowledge the similar building used for comparison was constructed in accordance with generally accepted timber pest management practices and has since been maintained during all its life not to attract or support timber pest infestation.

Note. If the building is not comparable to a similar building (e.g. due to unusual design or construction techniques), then the inspection shall be based on the general knowledge and experience of the Consultant.

Unless noted in “Special Conditions or Instructions”, the Report assumes that the existing use of the building will continue.

The Report only records the observations and conclusions of the Consultant about the readily observable state of the property at the time of inspection. The Report therefore cannot deal with:

(a) possible concealment of defects, including but not limited to, defects concealed by lack of accessibility, obstructions such as furniture, wall linings and floor coverings, or by applied finishes such as render and paint; and

(b) undetectable or latent defects, including but not limited to, defects that may not be apparent at the time of inspection due to seasonal changes, recent or prevailing weather conditions, and whether or not services have been used some time prior to the inspection being carried out.

These matters outlined above in (a) & (b) are excluded from consideration in the Report.

If the Client has any doubt about the purpose, scope and acceptance criteria on which the Report is to be based please discuss your concerns with the Consultant before ordering the Report.

The Client acknowledges that, unless stated otherwise, the Client as a matter of urgency should implement any recommendation or advice given in the Report.

Limitations

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.

Exclusions

The Client acknowledges:

The Report does not deal with any timber pest preventative or treatment measures, or provide costs for the control, rectification or prevention of attack by timber pests. However, this additional information or advice may be the subject of a timber pest management proposal which is adequately specified.

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 remmediation action as soon as possible.

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 control 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.

 

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 WA Building Inspections. Communications are strictly between WA Building Inspections 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.

 

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.

 

WHEN 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. WA Building and Pest Inspections means the company, the sole trader/s, the subcontractor/s. Building Inspectors both directly or indirectly engaged, do not 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, and have at least 10 years construction experience, required to hold a diploma of building and construction and are preferred to hold a related degree, all of which are the qualification required to obtain a registered building practitioners licence should the need arise. 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.

 

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 WA Building and Pest Inspections 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 WA Building and Pest Inspections, a $50.00 + GST late fee will apply to the customer. 

Failing to pay for the invoice, the customer aknoleges 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 recovieries are payable by the cutomer in full.

 

 

 

IMPORTANT: Terms of trade can change without notice at any time and all parties agree to this.