Ripple Building Inspections

State Of Victoria

Pre-Engagement Agreement – Building Inspection

BUILDING PRE-INSPECTION AGREEMENT

(NOTE: Combined Building & Pest Inspections Terms Follow)

Ripple Building Inspections is committed to delivering a highly professional service that exceeds the minimum standards outlined in the relevant Australian Standards for property and building inspections.
This Pre-Engagement Agreement has been prepared to clearly define the scope of the inspection, the applicable limitations, and the minimum requirements that govern the inspection process.

1. Definitions

The relevant definitions in this document are detailed at the end of the Agreement.

The Client’s Acknowledgments

2. The Client acknowledges that:
3. a) The Inspector reserves the right to cancel the inspection at any time.
4. b) The Inspector will inspect the Building Elements as outlined in Appendix C of AS4349.1- 2007, except for Strata title properties, where the inspection will be according to Appendix B of AS4349.1- 2007. (AS Standards). A copy of this standard can be found on the “About Us” page on this site. The Client warrants that they have been given a reasonable opportunity to peruse all relevant Australian Standards.
5. c) The Inspection Report is also limited by the Restrictions on an Inspection, as well as any rights held by an Inspector to ensure their own safety and/or any other limitations set out in the terms of this Agreement.
6. d) It is implicit that the Inspection Report is a subjective visual-only inspection.
7. e) The Client will not rely on the report for valuation purposes or solely in their final decision to purchase the Property.
8. f) The Inspection Report is for the Client’s exclusive use and is not to be given to a third party (any individual who does not have a direct connection with the legal transaction) without the Inspector’s written consent.
9. g) The Scope of Inspection set out in this Agreement is only indicative as the Inspector is restricted by their ability to access any Area, which is subject to all safety considerations. The Client further acknowledges that the Inspector cannot breach the same to carry out an inspection.
10. h) Some Restrictions on an Inspection are foreseeable while others are only known at the time of inspection.
11. i) That the Inspector is the only person who can determine, at the time of the inspection, what they are restricted by during an inspection.
12. j) The Inspector will carry out a visual and non-invasive inspection limited by access and restrictions.
13. k) The Inspector is not liable for any Area not inspected due to restrictions on an inspection.
14. l) That any claim for loss is limited to the cost of the inspection.
15. m) That the Client has read all the terms and has not relied on any representations made by the Inspector or anyone else before entering this Agreement.
16. n) That just because a defect is not visible at the time of the inspection does not guarantee that there is no defect affecting the property.
17. o) That the Client acknowledges acceptance of this Agreement and its terms through the performance of this Agreement by way of payment of the agreed Inspector’s fee.
18. p) That you acknowledge that a visual-only inspection may be of limited use to you as defects may exist in areas not possible to access and inspect without invasive methods.
19. q) The Inspector does not report on latent defects in the property or in the title.
20. r) That the Client acknowledges acceptance through the performance of this Agreement by way of payment of the agreed Inspector’s fee, and confirming that the agreement and terms and conditions have been read and understood by the Client and/or as such ticking the appropriate check box when ordering online.
21. s) The Client will not hold the Inspector liable for any losses suffered on relying on the Inspection Report considering the acknowledgments above and all the terms of this Agreement.

Scope of Inspection and Report

New Home Inspections  

Purpose:  The purpose of the inspection is to identify any building defects, substandard workmanship, incomplete items and safety hazards associated with the property at the time of the inspection.

The Scope of the Inspection: Items identified by the inspector, in our opinion, do not either; meet an acceptable industry standard such as set out by the Victorian Building Authority document “Guide to Standards and Tolerances 2015” or reach an appropriate quality of finish or have not been constructed or completed in a proper work person like manner, relevant to the appropriate Building Code or Regulation set down by the Building Commission. The Guide to Standards and Tolerances 2015 (the Guide) has been developed for builders and building owners to use as a convenient reference to the minimum technical standards and quality of building work. The Guide provides references to relevant areas of legislation and gives guidance on areas of building standards that are not covered by legislation. Building work that does not meet the standards outlined in the Guide could be considered defective. This report complies with Australian Building Standards AS 4349.0-2007 Inspection of buildings.

IMPORTANT NOTE: Our engagement is limited to that of a building Consultant NOT that of a Building Surveyor. This report is a quality assurance assessment and not a certificate of compliance or a check against builder and client contractual correctness. Contractual check measurements of any type do not form part of this report. This is NOT a structural report. General requirements recognise that the report is not a warranty or insurance policy against problems developing with the building in the future.

Pre-Purchase Inspections:

3. The report does not include an estimate of the cost for rectification of the defects noted. The overall condition of this building has been compared to similarly constructed and reasonably maintained buildings of approximate age. Areas for inspection shall only cover what is deemed safe and accessible areas by the inspector.
4. The inspection will be a visual assessment of the items listed in Appendix C to AS4349.1- 2007 for the structures within 30 metres of the building and within the site boundaries including fences.
5. Subject to safe and reasonable access the Inspection will report on the condition of each of the following areas as follows: The Inspector will inspect (subject to the minimum requirements and the Restrictions on an Inspection) the accessible “Area”:
6. a) The Interior of the Property;
7. b) The Roof Space of the Property;
8. c) The Exterior of the Property;
9. d) The Sub-Floor Space of the Property;
10. e) The Roof Exterior (subject to height and weather restrictions) of the Property;
11. f) The Property within 30m of the Building relevant to the Inspection.

Restrictions on an Inspection

6. The Inspector is restricted by certain foreseeable and unforeseeable limitations during an inspection.
7. The Inspector’s foremost consideration is safety and reasonable access to an area. Therefore the Inspector is restricted from inspecting any area where it is unsafe to do so or cannot be reasonably accessed.
8. The Inspector cannot move any furniture or any other chattel or thing in order to access an Area.
9. The Inspector cannot conduct an inspection that is invasive and therefore cannot inspect: the inside of walls; between floors; behind any kitchen joinery/cupboards/wardrobes/chattels; inside flat roofing; and/or inside any eaves. Note: This is not an exhaustive list.
10. The Inspector cannot cut access holes or remove screws and bolts (or any other fastenings) to access covers.
11. The Inspector cannot inspect an area if the inspector determines that the access is obstructed.
12. The Inspector cannot carry out an inspection for:
13. a) Any non-structural element as defined in the relevant standard;
14. b) Any part of the Property that cannot be seen or that requires testing;
15. c) Serviceability damp defects;
16. d) Any common property that may be under Strata Title or Company Title or any other form of Title unless explicitly stated in another signed Agreement;
17. e) Asbestos;
18. f) Magnesite;
19. g) Mould;
20. h) Anything listed on Appendix D of AS 4349.1-2007 attached to this document and marked Annexure ‘A’; and
21. i) Any timber pest activity, pest infestation or damage caused by a pest infestation and/or anything pest related.
22. j) No Inspection or comment will be made on any and not limited to plumbing conditions or any Electrical Wiring, Switches, Power Points or Electrical Appliances Including Air Conditioning Units, Heaters, or fireplaces. We strongly recommend you engage a suitably qualified tradesperson to inspect the above.
23. k) Any single minor defect;
24. l) Any cost or plan to rectify any defects and/or repair work; m) Comment on the appropriateness of any structural design or construction; electrical works; swimming pools; or any electrical appliances;
25. n) Whether fireplaces or chimneys are functional;
26. o) Any biological risks such as toxic mould;
27. p) Compliancy with any relevant building code or Act;
28. q) Comment on any latent ( present but no visual) structural defect; and
29. r) Provide a comment on any risk of flooding, earthquake and/or any other singularity caused by nature that may affect the structural integrity of the Property.
30. s) This report is not a Swimming pool Safety report and the report will not include comments on Swimming Pools, Spas including pumps and equipment.
31. As outlined in Clause c4.2 (d) of As4349.1-2007. The inspection and report WILL NOT report on any defects which may not be apparent due to prevailing weather conditions at the time of the inspection including detection of rising damp and leaks. Such defects may only become apparent in differing weather conditions
32. The Inspector may cease an Inspection or not inspect an Area, upon encountering asbestos, mould, Magnesite or heavy timber damage, which causes the Inspector to have safety concerns.
33. The Inspection Report will be limited to the Extent of Reporting and will therefore only include information in relation to:
34. a) The Area(s) inspected and/or not inspected with reasons;
35. b) Any major defects being defined as defects that need to be rectified to avoid unsafe conditions and/or a defect that is a safety hazard or will likely be a safety hazard and/or an urgent and serious safety hazard;
36. c) A general impression regarding the extent of minor defects; and
37. d) A conclusion, which will address the incidence of major and minor, defects, relative to the average condition of a property similar to the Property being the subject of the inspection. The conclusion will only comment on the overall condition of the Property.
38. The Extent of Reporting is limited to a subjective visual and non-invasive inspection only.
39. Further to the above, the Inspector will not include anything that is beyond the Extent of Reporting including, but not limited to, the cost of rectification of any defects.
40. The Inspector is restricted by the following dimensions in relation to determining if an opening or height can be reasonably accessed:

Roof Interior – Access hole minimum 400x500mm – Crawl space minimum 600x600mm – Accessed from a 3.6m ladder off a level platform and only if it is safe to do so.

Roof Exterior – Accessed from a 3.6m ladder off a level platform and only if it is safe to do so.

Subfloor – Access hole and Crawl space, subject to Inspector’s discretion as to safe and reasonable access

19. There may be further, unexpected limitations encountered by the Inspector, which can only be determined at the time of inspection.

Inspector’s Fee

20. The Client will pay to the Inspector the sum as advised by the Inspector for an Inspection Report of the Property (detailed above in this Agreement) and the final report is subject to the acknowledgments, terms and recitals within this Agreement. Limitations And Exclusions. Payment is to be received before the report is sent out electronically.
21. The Inspector will conduct a non-invasive visual inspection which will be limited to those accessible Areas and sections of the property to which Safe and Reasonable Access is both available and permitted on the date and time of the inspection. Areas where reasonable entry is denied to the inspector, or where safe and reasonable access is not available, are excluded from and do not form part of, the inspection. Those areas may be the subject of an additional inspection upon request subject to another pre-inspection agreement on the same terms herein.
22. 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.
23. a) Shower Recesses: Taps will be turned on in accordance with AS4349.1-2007 to detect apparent leaks (if water is connected). The tests may not reveal leaks or show incorrect waterproofing if silicone liquid or masonry sealant has been applied prior to the inspection. Floor grading and fall ratios do not form part of this inspection and will not be reported on. We strongly recommend you have this checked by a suitably qualified tradesperson prior to a decision to purchase.
24. Any stored or scattered goods, stored items including boxes, parked cars and bikes, boats, trailers, A/C units and ducting and any external covering foliage, plants, vines, stored firewood and timbers, vines clinging to external wall surfaces, trees covering areas will hinder the inspection process.
25. The Report is not a certificate of compliance that the property complies with the requirements of any Act, regulation, ordinance, local law or by-law, or as a warranty or an insurance policy against problems developing with the building in the future.
26. Warranties and quality
27. The Inspector warrants that they will do everything reasonable to inspect the above Areas thoroughly and responsibly subject to the requirements of the AS Standard and any foreseeable or unforeseeable restrictions.
28. The Inspector warrants that it will list all of the limitations encountered, restricting the Inspector within the Inspection Report.
29. The Client warrants that they will not hold the Inspector liable for any Area that the Inspector could not reasonably inspect due to access and restrictions on an inspection.
30. The Client warrants that they will not rely on this report after a period of 7 days as this is a visual inspection condition that may change between the day of the inspection and the day any defect being apparent such as, but not limited to, different weather conditions, removal of furniture, damage done by occupants, settling of the land, extreme weather damages or anything that could cause the visual effect of a defect to become known.

Indemnity

30. The Client indemnifies the Inspector:
31. a) Against any third-party losses or claims for use of the Inspection Report.
32. b) Against any claim as a result of purchasing a property that was not accurately valued.
33. c) Against any major and/or minor defect that was not evident by visual assessment at the time of the inspection.
34. d) Termination of this Agreement by the Inspector pursuant to Item 33 of this Agreement.

Complaints Procedure

31. In the event of any dispute or claim arising out of, or relating to the Inspection or the Report, You must notify Us as soon as possible of the dispute or claim by email, fax or mail. You must allow Us (which includes persons nominated by Us) to visit the property (which visit must occur within twenty-eight (28) days of your notification to Us) and give Us full access in order that We may fully investigate the complaint. You will be provided with a written response to your dispute or claim within twenty-eight (28) days of the date of the inspection. If You are not satisfied with our response You must within twenty-one (21) days of Your receipt of Our written response refer the matter to a Mediator nominated by Us from the Institute of Arbitrators and Mediators of Australia. The cost of the Mediator will be borne equally by both parties or as agreed as part of the mediated settlement. In the event You do not comply with the above Complaints Procedure and commence litigation against Us then You agree to fully indemnify Us against any awards, costs, legal fees and expenses incurred by Us in having your litigation set aside or adjourned to permit the foregoing Complaints Procedure to complete. Third-party disclaimer
32. 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 by 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.

Default and Termination

33. The Inspector reserves the exclusive right to terminate this Pre-Inspection Agreement on zero days’ notice due to weather constraints, non-payment of the Inspector’s Fee or any other safety concern. Only the Inspector may terminate the Agreement.
34. If the Inspector’s fee is refunded for any reason whatsoever then the Inspection Report provided (if any) will be deemed invalid and annulled.

Severability

35. Any term within this Agreement that is deemed invalid in any jurisdiction is only invalid to the extent specified by the jurisdiction in that specific jurisdiction. It does not invalidate any other term of this Agreement. Furthermore, if a term or terms are found to be invalid and thereby severed from this Agreement the Agreement and its surviving terms are not invalidated. Bar on claims
36. The Client is barred from making a claim against the Inspector by virtue of the Client’s Acknowledgments. Prohibition on the Provision or Sale of the Report
37. 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. Acknowledgement
38. You agree to contact the Inspector once You have read the report. 
 By agreeing to this pre-inspection agreement you confirm that You will read this Inspection Report in its entirety prior to purchasing the inspected property and agree to call, Text, SMS or email the Inspector if you have any further questions about this report.

Definitions

1. Acknowledgment: means a thing that a person is intimately aware of and has taken full consideration of and accepts that piece of information unconditionally.
2. Area: means the area and/or areas listed in clause 5 only.
3. AS Standards: means AS 4349.1 2007 in this Agreement.
4. Client: means the person detailed as the same on the first page of this agreement only.
5. Client’s acknowledgments: means the items listed in paragraph 2 that the Client is intimately aware of and has taken full consideration of and accepts that piece of information unconditionally.
6. Defect means a fault or deviation from the intended condition of the material, assembly or component.
7. Inspection: a reasonable and careful visual appraisal of the Property in order to comment on the visually detectable defects.
8. Inspector: means the organisation detailed as the same on the first page of this agreement only.
9. Inspector’s fee: means clause 20.
10. Limitation means any factor that prevents full achievement of the purpose of the inspection
11. Major defect: a defect that is significant enough to require rectification work in order to avoid unsafe conditions, loss of utility or cause further damage to the overall quality of the Property. 12. Minor defect: any defect not classified as a major defect.
12. Property: means the property details listed in this Agreement.
13. Readily Accessible Areas means areas that can be easily and safely inspected without injury to person or property as defined in the clearance table listed in clause 18. Or where these clearances are not available, areas within the consultant’s unobstructed line of sight and within arm’s length.
14. Report: means the document and any attachments issued to the Client by the Inspector subject to the whole of this Agreement.
15. Restrictions on an Inspection: means paragraphs 6 to 19 of this Agreement.
16. 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:

Note: Only areas where reasonable and safe access is available will be inspected. No Inspection will be carried out where there are safety concerns, or obstructions, or the space available is less than outlined and tabled in Clause 18 of this agreement. Note:

Very Important.

A VISUAL-ONLY INSPECTION MAY BE OF LIMITED USE TO THE CLIENT OR POTENTIAL PURCHASER; A VISUAL INSPECTION OF A FULLY FURNISHED PROPERTY PLACES EVEN MORE RESTRICTIONS AND OBSTRUCTIONS. WE STRONGLY RECOMMEND A INVASIVE INSPECTION WHEN POSSIBLE. WHERE THIS IS NOT POSSIBLE A UNFURNISHED AND UNOBSTRUCTED PROPERTY MAY PROVIDE MORE VISUAL ACCESS TO THE INSPECTOR.

WHEN ORDERING A BUILDING INSPECTION ONLY IN ACCORDANCE WITH AS 4349.1 – 2007, PLEASE NOTE THAT NO TIMBER TESTING, TAPPING, PROBING OF ALL VISIBLE ACCESSIBLE TIMBERS WILL BE CONDUCTED. MOISTURE DETECTION EQUIPMENT WILL ONLY BE USED TO DETECT MOISTURE LEVELS THAT INDICATE RISING DAMP OR LEAKS AND NOT FOR THE PURPOSE OF DETECTING TERMITES, TERMITE NESTS OR ANY TERMITE INFESTATION. WE STRONGLY RECOMMEND YOU ENGAGE A QUALIFIED PEST INSPECTOR TO CONDUCT A PRE-PURCHASE TIMBER PEST INSPECTION AND REPORT IN ACCORDANCE WITH 4349.3 – 2010. IN ACCEPTING THIS AGREEMENT FOR A BUILDING INSPECTION ONLY YOU AGREE THAT WE CAN NOT AND WILL NOT BE HELD LIABLE FOR ANY TERMITE INFESTATION OR DAMAGE SUBSEQUENTLY LOCATED AT THE PROPERTY.

If you haven’t done so, upgrade your inspection to include a timber pest inspection.

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.

Pre-Engagement Agreement – Pool Safety Inspection

THE AGREEMENT:

The Client’s Acknowledgments

The Client acknowledges that this agreement may have been entered into on your behalf by a legal representative acting on your behalf or when the client’s solicitor or conveyancer has ordered an inspection report. Where the agreement is entered into on your behalf by a legal representative such as a solicitor or conveyancer, it is assumed that the person entering into this agreement on your behalf has also read and understood the agreement and has emailed you a copy of the agreement and fully explained the terms of the Pre-Inspection Agreement.

The inspector reserves the right to cancel the inspection and only the deposit, if any, will be reimbursed to the client.

The inspector will report on Swimming Pool Safety in accordance with the requirements of Australian Standard AS1926.1-2012 (Part 1: Safety barriers for swimming pools) and AS1926.2- 2012 (Part 2: Location of safety barriers for swimming pools).

Definitions

Barrier means the assembly of components, natural or otherwise, that restricts access to the pool.

Pool area means the area that contains the pool and is enclosed by a barrier.

Report means the report issued to You by Us following Our inspection of the pool.

Swimming Pool (referred to as ‘Pool’) means any structure containing water to a depth greater than 300mm and used primarily for swimming, wading, paddling or the like, including a bathing or wading pool or spa pool.

 A Form 23 certificate of pool and spa barrier compliance can only be issued once any defects mentioned within the report are completed in compliance with the pool safety standard.

Where the pool safety standard is not in compliance, a Form 24 certificate of pool and spa barrier non-compliance must be issued.

Building Inspector (Pool Safety)Also referred to as ‘Pool Inspector’, registered under the Victorian Building Authority, who, from the date of the Agreement, is authorised to carry out certification work including inspections of swimming pools and issuing certificates under the Swimming Pools Act 1992 while complying with the code of conduct for building surveyors in Victoria.

Ripple Building Inspections,Also referred to as ‘I’, ‘Our’, ‘Us’ and ‘We’, ‘Website’, the facilitator and/or Affiliates.

Property Owner Also referred to as ‘You’, the ‘Owner’, ‘Property Owner Authorised Representative’, or ‘Individual’ requesting the services of Ripple Building Inspections and engaging the Pool Inspector to inspect and reinspect the pool. The Owner may ask the Pool Inspector named in this Report to reinspect the pool after the Form 24 certificate of pool and spa barrier of non-compliance is issued.

Date of Agreement

This Agreement commences from today’s date.

Registration

These are the details of the Pool Inspector who will, from the date of the Agreement, carry out the inspection work.

Inspector’s Fee

The Client will pay the Inspector the sum as advised by the Inspector for an Inspection Report of the Property (detailed above in this Agreement).Additional fees may be charged for re-inspections, site visits, and any additional documentation or work requested by the client.The final report is subject to the acknowledgments, terms and agreements within this agreement.

Services

You may not use the Services and accept the Terms if you are

• not of legal age to form a binding contract with Ripple Building Inspections,
• or not legally authorised to do so.

The Pool Inspector will perform all work necessary to comply with relevant statutory requirements, including.

• Inspecting the swimming pool and spa
• Assessing whether the swimming pool complies with the requirements for the issue of a Form 23 certificate of pool and spa barrier compliance under the Building Act 1993, Building Regulations 2018 .
• Issuing a Form 23 certificate of pool and spa barrier compliance to the Owner if the swimming pool complies
• Issuing the following if the swimming pool is non compliant:
• Form 24 certificate of pool and spa barrier non compliance
• Notice 147ZG Building Amendment
• Notice 147ZH Building Amendment
• Providing a copy of the form to the relevant local council
• immediately where, in the opinion of the Pool Inspector, the pool poses a significant risk to life or safety, or
• after sixty seven (67) days from the date of inspection, unless a Form 23 certificate of pool and spa barrier compliance is issued beforehand.
• If necessary, reinspecting the swimming pool, and issuing certificates, forms and/or written notices, as appropriate.

 Consumer Complaints Procedures

In the event of any controversy or claim arising out of, or relating to the Report, either party must give written notice of the dispute to the other party. If the dispute is not resolved within ten (10) days from the service of the certificate, then the dispute shall be referred to a mediator nominated by the Pool Inspector. Should the dispute not be resolved by mediation then either party may refer the dispute for resolution by arbitration. In the event any litigation is brought 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 twenty-eight (28) days.

Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim or whatever nature arising out of or in any way relating to the Terms and the rights, created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Victoria, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Electronic Signatures

The parties agree they have the right to execute this Agreement through electronic signature technology pursuant to the Electronic Transactions Act 1999 (Cth). The parties agree to the extent they sign electronically, their electronic signature is the legally binding equivalent to their handwritten signature. If either party would like a paper copy of this Agreement, a copy may be requested from Ripple Building Inspections.

Declaration

By signing this Agreement, I acknowledge I have read, acknowledge, understand and agree to the Terms as stated here and you are the authorised person to do so. I also acknowledge I have freely chosen to engage the Pool Inspector and read the terms and any documents accompanying this Agreement and understand the roles and responsibilities of Ripple Building Inspections, the Owner or legal representative for the Owner, and the Pool Inspector.

The Inspection & The Report

The following forms an integral part of the Report and must be read in conjunction with the entire Report. By relying upon the contents of the Report, you acknowledge the following clauses defining the scope and conditions of the inspection, form an integral part of the Report.

The Report is not an all-encompassing report dealing with pool construction, building or structure. It is a reasonable attempt to identify any obvious or significant defects apparent at the time of the inspection. Whether or not a defect is considered significant or not, depends, to a large extent, upon the age and type of barriers and fences inspected. The Report is not a certificate of pool and spa barrier compliance with the requirements of any Act, Regulation, Ordinance or By-law. It is not a construction, building or structural report. Should you require any advice of a construction, building or structural nature, you should contact a builder or structural engineer.Failure to follow the Report is your decision.

Inspections are onsite only, limited to those areas and sections of the property fully accessible and visible to the Pool Inspector on the date of inspection. The inspection does not include breaking apart, dismantling, removing or moving objects including, but is not limited to, foliage, furniture, building elements, furnishings, appliances or personal possessions. The Pool inspector cannot see behind stored goods or concealed or obstructed areas.The Pool Inspector does not dig, gouge, force or perform any other invasive procedures to areas.

You agree Ripple Building Inspections and the Pool Inspector cannot accept any liability for failure to report a defect that was concealed by the Owner of the pool being inspected and you agree to indemnify Ripple Building Inspections and the Pool Inspector for any failure to find such concealed defects.

If you fail to follow the recommendations within the Report according to the Australian act and standards, then you agree and accept you may suffer a financial loss and indemnify us against all losses you incur resulting from your failure to act on our advice. 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 of the Report by you to a person without our express written permission.

The relevant local Government authority must be notified of non compliance sixty (67) days after this certificate is issued. The local Government may take enforcement action, impose penalties or take other action.

No Access. No Inspection

We maintain communications at every possible point through the terms of this Agreement to access the property and conduct our inspection services. Should the Owner not be available at the property or access is not available to the property, the Pool Inspector has the right to terminate their services with the fee of that service being charged to the Owner.

Rescheduling Inspections/ Reinspection

Rescheduling of inspections and reinspection are subject to availability.

Proof of Registration of Swimming Pool/ Spa

Law requires the Owner to supply a proof of registration as to when the pool and/ or barrier was constructed.

Glass Caution

Glass panels in older fences or imported products may not necessarily comply with current glass safety standards AS1288. The inspection of glass falls outside of the scope of this inspection. In the interests of safety, a glazier needs to be consulted about whether glass panels and/or gates comply with the glass standard. Non-complying glass should be replaced with complying glass.

Workplace Health & Occupational Safety

By signing this agreement, the Owner is responsible for the property and the area being inspected. This area is required to be kept safe and clear from risk and hazards such as pets, slippery floors, sharp objects, chemicals, exposed electricals etc. Should the Pool Inspector become injured due to these risks or hazards while performing professional inspection services, the Owner is liable for full compensation regarding this.

 Liabilities & Damages

We will not accept any liabilities or damages arising from our professional inspection services. According to pool safety legislation, Pool Inspectors must conduct strength and rigidity testing on the pool barrier with forces of up to 330Nm to approximately 33KG on posts and/or footings and up to 250Nm to approximately 25KG on sections between posts and/or footings. Damages as a result of this necessary testing is the Owner’s responsibility.

Disclaimer of Liability

No liability shall be accepted on an account of failure of the Report to notify any problems in the area(s) or section(s) of the subject property physically inaccessible for inspection, or to which access for inspection is denied by or to the Pool Inspector (including but not limited to or any area(s) or section(s) so specified by the Report).

Disclaimer of Liability To Third Parties

We will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any person other than you in connection with the use of the Report provided pursuant to this agreement by that person for any purpose or in any way, including the use of the report for any purpose connected with the sale, purchase, or use of the property or the giving of security over the property, to the extent permissible by law.

Additional Pool or Spa Inspections

For a swimming pool or spa inspection where an additional pool or spa is located on site, the Inspector is obligated to assess their compliance as required by the responsibilities of a licensed pool inspector. This assessment or details of the additional pool or spa may also be forwarded to the Council for further review.

TIMBER PEST PRE-INSPECTION AGREEMENT

Definitions

1. The relevant definitions listed in this Agreement are listed at the end of this Agreement. The Client’s Acknowledgments
2. The Client acknowledges that:
3. a) The Inspector reserves the right to cancel the inspection and only the deposit, if any, will be reimbursed to the Client.
4. b) The Inspection Report will be drafted in accordance with and limited to: the purpose; scope; and minimum requirements as set out in the Australian Standard Inspection of Buildings AS4349.3 2010 (AS Standards). A copy of the appropriate Standard with Appendices may be obtained from Standards Australia at your cost. The Client warrants that they have been given a reasonable opportunity to peruse the relevant Australian Standards.
5. c) The Inspection Report is also limited by the Restrictions on an Inspection, as well as any rights held by an Inspector to ensure their own safety and/or any other limitations set out in the terms of this Agreement.
6. d) It is implicit that the Inspection Report is a subjective visual inspection.
7. e) The Client will not rely on the report for valuation purposes or solely in their final decision to purchase the Property.
8. f) The Inspection Report is for the Client’s exclusive use and is not to be given to a third party (any individual who does not have a direct connection with the legal transaction) without the Inspector’s written consent.
9. g) The Scope of Inspection set out in this Agreement is only indicative as the Inspector is restricted by their ability to access any Area which is subject to all safety considerations. The Client further acknowledges that the Inspector cannot breach the same to carry out an inspection.
10. h) Some Restrictions on an Inspection are foreseeable while others are only known at the time of inspection.
11. i) That the Inspector is the only person who can determine, at the time of the inspection, what they are restricted by during an inspection.
12. j) The Inspector will carry out a visual and non-invasive inspection limited by access and restrictions.
13. k) The Inspector is not liable for any Area not inspected due to Restrictions on an Inspection.
14. l) That any claim for loss is limited to the cost of the inspection.
15. m) That the Client has read all the terms and has not relied on any representations made by the Inspector or anyone else before entering this Agreement.
16. n) That just because a pest infestation is not visible at the time of inspection does not guarantee that there is no pest infestation affecting the Property.
17. o) That the Client acknowledges acceptance through the performance of this Agreement by way of payment of the agreed Inspector’s fee, and confirming that the agreement and terms and conditions have been read and understood by the Client and/or as such ticking the appropriate check box when ordering online.
18. p) The Client will not hold the Inspector liable for any losses suffered on relying on the Inspection Report considering the acknowledgments above and all the terms of this Agreement.
19. q) The Client acknowledges that any recommendations or advice made by the inspector in relation to the inspection at the subject property should be implemented by the Client as a matter of urgency

Scope of Inspection

3. Subject to this entire Agreement, You have requested a Standard Non-Invasive, Visual Timber Pest Inspection. If a Non-Standard Visual Inspection report is required, You must specify to us what kind of inspection you require in the Special Requirements Text Box.

Unless specified in this Agreement by the Inspector, the above inspection shall be conducted as a Standard Non-Invasive, Visual Timber Pest Inspection. Special Pest Detection Report:*

This report will include the Standard Timber Pest Inspection Report and any special requirements:

The Client Agrees that any Special Requirements for the Timber Pest Inspection are to be submitted in writing to the Inspector / Inspection Firm prior to the commencement of the inspection.

A Subterranean Termite Management Proposal:*

This only compiles the Inspector’s observations and comments (pursuant to Australian Standards AS 3660.2) on how to treat any subterranean termite infestation/mitigate any future subterranean termite inspection.

* Unless otherwise and implicitly stated in this Agreement the Inspector will produce a Standard Timber Pest Inspection Report. (Visual And Non Invasive) The Standard Non-Invasive and Visual Timber Pest Detection Report:*

This report will only address timber pest activity and determine (by visual and non-invasive assessment of the surface of timber work only) if the timber has been damaged by pest activity. The Inspector will make a comparison of the property to a similar property in order to determine whether pest mitigation strategies have been upheld in the construction of the property. This will comment on the likelihood of future pest activity on the property. If there is no similar property to be compared to then the comment of future/likely pest activity will be subject to the Inspector’s general knowledge. In relation to Strata common property will not be inspected.

Unless specified in this Agreement the Inspector by the Client, the above inspection shall be conducted as detailed above.

4. The Inspector will inspect (subject to the minimum requirements and the Restrictions on an Inspection) the accessible “Area”:
5. a) The Interior of the Property (Excluding furniture and stored items);
6. b) The Roof Space of the Property;
7. c) The Exterior of the Property;
8. d) The Sub-Floor Space of the Property;
9. e) The Roof Exterior of the Property (subject to height and weather restrictions);
10. f) The Site within 30m of the Property and within the boundary relevant to the Inspection.

Restrictions on an Inspection

5. The Inspector is restricted by certain foreseeable and unforeseeable limitations during an inspection.
6. All inspections (whether in accordance with AS 4349.3-2010 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.
7. The Inspector’s foremost consideration is safety and reasonable access to an Area. Therefore the Inspector is restricted from inspecting any Area: where it is unsafe to do so; obstructed; and/or cannot be accessed.
8. The Inspector cannot move any furniture or any other chattel or thing in order to access an Area.
9. The Inspector cannot conduct an inspection that is invasive and therefore cannot inspect: the inside of walls; between and under floors and floor coverings; behind any kitchen joinery/cupboards/wardrobes/chattels; inside flat roofing; and/or inside any eaves. This is not an exhaustive list.
10. The Inspector cannot cut access holes or remove screws and bolts (or any other fastenings) to access covers.
11. The Inspector cannot inspect an Area if the inspector determines that his access is obstructed.
12. The Inspector cannot cut access holes or remove screws and bolts (or any other fastenings) to access covers.
13. The Inspector cannot inspect an Area if the inspector determines that his access is obstructed.
14. The Inspector cannot carry out an inspection for:
15. a) Any non-structural element as described in the relevant standard;
16. b) Any part of the Property that cannot be seen or that requires testing;
17. c) An Area that cannot be safely accessed or is obstructed;
18. d) Serviceability damp defects;
19. e) Any common property that maybe under Strata Title or Company Title or any other form of Title unless explicitly stated in another signed Agreement;
20. f) Asbestos;
21. g) Magnesite;
22. h) Mould;
23. i) Any major and/or minor building defects and/or structural damage;
24. j) Drywood termites as colonies may be too small to detect by visual assessment; and
25. k) Early stages of borer activity for European House Borer (Hylotrupes bajulus) as borer damage may not be apparent of the surface of the timber and cannot be detected by visual assessment.
26. The Inspection Report will not provide any timber pest preventative strategies or plans; it will only suggest a plan if implicitly required which is subject to clause 3.
27. The Inspector may cease an Inspection or not inspect an Area, upon encountering asbestos, mould, Magnesite or heavy timber damage caused by a pest infestation, which causes the Inspector to have any safety concerns.
28. The Visual Inspection Report will be limited to the Extent of Reporting and will therefore only include information in relation to:
29. a) The Area(s) inspected and/or not inspected with reasons;
30. b) Option 1 in clause 3 above unless implicitly stated otherwise;
31. c) Timber pest activity and/or damage;
32. d) A visual appraisal of whether wood decay, rot or fungi was/was not found;
33. e) A general impression regarding the extent of any damage caused by any pest infestations; and
34. f) A conclusion which will address the incidence of any pest infestations.
35. The Extent of Reporting is limited to a subjective Visual Inspection only. Accordingly, the Report IS NOT AND 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 a future infestation of Termite Pests will not occur or be found.
36. Further to the above, the Inspector will not include anything that is beyond the Extent of Reporting including, but not limited to, the cost of rectification of any defects.
37. The Inspector is restricted by the following dimensions in relation to determining if an opening can be reasonably accessed:

Roof Interior – Access hole minimum 400x500mm – Crawl space minimum 600x600mm – Accessed from a 3.6m ladder off a level platform and only if it is safe to do so.

Roof Exterior – Accessed from a 3.6m ladder off a level platform and only if it is safe to do so.

Subfloor – Access hole and Crawl space, subject to Inspector’s discretion as to safe and reasonable access

21. There may be further, unexpected limitations encountered by the Inspector, which can only be determined at the time of inspection.

Acceptance

22. Inspector’s fee: the Client will pay to the Inspector the sum as advised by the Inspector for a Visual Inspection Report of the Property (detailed above in this Agreement) and the final report is subject to this acknowledgments, terms and recitals within this Agreement.
23. The Client agrees that in signing this agreement they have read and understood the contents of this Agreement and that the inspection will be carried out in accordance with this document. The Client agrees to pay for the inspection on or before delivery of the report.
24. If the Client does not sign and return a copy of this Agreement (subject to paragraphs 32 and 33 of this Agreement) payment of the Inspector’s fee is deemed as acceptance of this Agreement and the inspection will be carried out according to the terms herein.

Warranties and quality

25. The Inspector warrants that they will take reasonable steps to inspect the above Areas thoroughly and responsibly subject to the requirements of the AS 4349.3-2010 and any foreseeable or unforeseeable restrictions.
26. The Inspector warrants that the report will list all of the limitations encountered, restricting the Inspector and the inspection process.
27. The Client warrants that they will not hold the Inspector liable for any Areas that the Inspector could not reasonably inspect due to the restrictions on an inspection.
28. The Client warrants that they will not rely on this report after a period of 7 days as this is a visual inspection condition that may change between the day of the inspection and the day any defect being apparent such as, but not limited to, different weather conditions, removal of furniture, damage done by occupants, settling of the land, extreme weather damages or anything that could cause the visual effect of a defect to become known.

Indemnity

29. The Client indemnifies the Inspector:
30. a) Against any third-party losses or claims for use of the Inspection Report.
31. b) Against any claim as a result of purchasing a property that was not accurately assessed.
32. c) Against any pest infestation that was not evident by visual assessment at the time of the inspection.
33. d) Termination of this Agreement by the Inspector pursuant to Item 29 of this Agreement.

Complaints Procedure

30. In the event of any dispute or claim arising out of, or relating to the Inspection or the Report, You must notify Us as soon as possible of the dispute or claim by email, fax or mail. You must allow Us (which includes persons nominated by Us) to visit the property (which visit must occur within twenty-eight (28) days of your notification to Us) and give Us full access in order that We may fully investigate the complaint. You will be provided with a written response to your dispute or claim within twenty-eight (28) days of the date of the inspection. If You are not satisfied with our response You must within twenty-one (21) days of Your receipt of Our written response refer the matter to a Mediator nominated by Us from the Institute of Arbitrators and Mediators of Australia. The cost of the Mediator will be borne equally by both parties or as agreed as part of the mediated settlement. In the event You do not comply with the above Complaints Procedure and commence litigation against Us then You agree to fully indemnify Us against any awards, costs, legal fees and expenses incurred by Us in having your litigation set aside or adjourned to permit the foregoing Complaints Procedure to complete.

Default and termination

31. The Inspector reserves the exclusive right to terminate this Pre-Inspection Agreement on 1 day’s notice due to weather constraints, non-payment of the Inspector’s Fee or any other safety concern. Only the Inspector may terminate the Agreement.
32. If the Inspector’s fee is refunded for any reason whatsoever then the Inspection Report provided (if any) will be deemed invalid and annulled.

Severability

33. Any term within this Agreement that is deemed invalid in any jurisdiction is only invalid to the extent specified by the jurisdiction in that specific jurisdiction. It does not invalidate any other term of this Agreement. Furthermore if a term or terms are found to be invalid and thereby severed from this Agreement the Agreement and its surviving terms are not invalidated.

Bar on claims

34. The Client is barred from making a claim against the Inspector by virtue of the Client’s Acknowledgments.

Acknowledgement

35. You agree to contact the Inspector once You have read the report.

By agreeing to this pre-inspection agreement you confirm that You will read this Inspection Report in its entirety prior to purchasing the inspected property and agree to call, Text, SMS or email the Inspector if you have any further questions about this report.

Definitions

1. Acknowledgment: A thing that a person is intimately aware of and has taken full consideration of and accepts that piece of information unconditionally.
2. Access hole: An opening or cut out allowing entry to carry out an inspection.
3. Active: The presence of live timber pests at the time of inspection
4. Area: The area and/or areas listed in clause 4 only.
5. AS Standards: AS4349.3 2010 only (unless specifically stated that AS 3660.2 also applies) in this Agreement.
6. Client: The person the inspection is carried out for detailed as the same on the first page of this agreement only.
7. Client’s acknowledgments: The items listed in paragraph 2 that the Client is intimately aware of and has taken full consideration of and accepts that piece of information unconditionally.
8. Drywood Termites: Termites that do not require a water source other than the atmosphere and the moisture within the timber in which they occur.
9. Excessive Moisture Conditions: Presence of moisture conducive to timber pest activity. 10. High Moisture Readings: Higher than normal moisture levels as detected by electronic testing equipment.
10. Inspection: Accessible and Visual Inspection of the Property.
11. Inspector: The Individual or organisation detailed as the same on the first page of this agreement only.
12. Inspector’s fee: Refer to clause 22.
13. Property: The property inspected including all timber structures such as patios, decking, fences, timber retaining walls, and stumps up to a distance of 30 metres from the main building.
14. Restrictions on an Inspection: Refer to paragraphs 5 to 18 of this Agreement.
15. Safe And Reasonable Access: Only areas that are deemed safe and reasonable access is available are inspected. Safe access means areas where safe, unobstructed access is provided and the minimum heights or clearances specified in clause 20 are present, or where these clearances are not present, areas within the inspector’s unobstructed line of sight and within arm’s length. The inspector has sole discretion in determining safe access to any area of the property and will make said determination at the time of the inspection only.
16. Timber pest damage: visual damage caused by Timber Pests.
17. Timber pest activity: visual signs of Timber Pests.
18. Timber Pests: Subterranean and dampwood termites, and specific wood destroying agents being: chemical delignification (damage of timber by chemical reaction); fungal decay (damage to timber caused by soft rot and decay fungi); wood borers (wood damaging pests of the genus Coleoptera); and termites (wood damaging pests of the genus Isoptera)

Very Important.

Please note that a visual-only inspection may offer limited insight for the client or prospective purchaser.
When a property is fully furnished, the scope of a visual inspection is further restricted due to obstructions that may conceal potential issues. We strongly recommend that, where practicable, an invasive inspection be conducted to provide a more comprehensive assessment. If an invasive inspection is not feasible, ensuring the property is unfurnished and unobstructed will significantly enhance the inspector’s ability to observe and assess accessible areas.

If there is any part of this agreement that you do not fully understand, you are required to contact us—either by phone or in person—prior to the commencement of the inspection so we may provide clarification to your satisfaction.
Failure to seek clarification before the inspection will be deemed as your acknowledgment that you have read, understood, and accepted the terms of this agreement in full