Standard Agreement Conditions

  1. This agreement
    1. This document contains all of the terms of this agreement and anything inconsistent we or you have said or written to each other is excluded.
    2. This agreement defines the scope of our inspection and limits our liability for any errors or omissions in our work as set out in clause 4(c).
    3. If you do not agree with the terms in this agreement, you must tell us so in sufficient time to allow us to cancel the inspection, otherwise you agree to all of the terms.
    4. If any term of this agreement is in breach of any law, then that term remains part of this agreement but is to be amended only as much as is necessary to comply with that law.

  1. What we will do
    1. We will visually inspect the Building, in accordance with the provisions of Australian Standard Code for PrePurchase Inspections AS 4349.1 – 2007
    2. We will only inspect Accessible Areas of the Building.
    3. We will provide a written and photographic record of existing cracking and damage to the exterior and interior of the property.
    4. We will not inspect, or report on hidden defects.

  1. What you will do
    1. You will pay us the Price at or before the Inspection Time. Where any inspection is performed before the Price is paid, we will withhold the Report until payment is made and we will not be liable for any consequence of the late delivery of the Report.
    2. You will get authority for us to access the Building for an adequate period at the inspection time and will coordinate access for us.
    3. If you delay us or give us an incorrect instruction you will pay us any extra costs we incur.
    4. If you, or anyone on your behalf instruct us to not report on an Accessible Area we will follow that instruction and will not be liable for failing to report on that Accessible Area in our Report.
    5. You will not provide the Report, or any part of it, to any other person without our written consent.
    6. If you show the Report to another person you will tell them that they must not rely on it.

We will not be liable for any loss, damage, cost or expense whatsoever, suffered or incurred by anyone relying on this report other than the Client named on the face page of this report and only then if the invoice for the inspection has been paid in full.

    1. If you, or anyone on your behalf give us any information about the Building we can use that information in our Report and will not be liable if it is inaccurate.

  1. Breaches of this agreement and limitations on liability
    1. If you fail to pay us the Price at or before the inspection time, or fail to pay any amount due under this agreement, we can charge you interest on the unpaid money at the rate of the SBSA Visa Card interest rate.
    2. If you breach any part of this agreement you will reimburse us in full the amount of any loss or damage we suffer as a direct or indirect consequence, including legal costs and debt recovery costs.

  1. Dispute resolution
    1. Any dispute arising out of this agreement must be referred for expert determination to the Association of Building Consultants which will appoint an expert for this purpose.
    2. The Expert Determination Rules of the Institute of Arbitrators and Mediators Australia will govern the expert determination except where they conflict with this agreement which takes precedence.
    3. The expert will decide who should pay the costs of the expert determination but initially both you and we must contribute equally until the expert decides.
    4. The expert’s decision is final and binding and cannot be appealed to any court.