Terms and Conditions – Pre-Purchase Termite and Timber Pest Inspection

PRE-INSPECTION AGREEMENT

Termite and Timber Pest

Please ensure you print a copy of this for your records

 

This is a pre-inspection agreement between you (the Client) and the Building Consultant named below for an inspection and report (Services) at your Property.   This agreement is designed to ensure you understand the scope, extent of reporting and limitations of the Service.

 

PLEASE BE AWARE THAT BY ITS NATURE THIS SERVICE HAS LIMITATIONS AND EXCLUSIONS YOU SHOULD BE AWARE OF. Please review this agreement and contact your inspector with any queries.

 

 

Your Service

 

The Service you are purchasing is:          Timber Pest Inspection

 

The purpose of the Service is to provide advice regarding the condition of the Property at the time of the inspection having regard to the significant items noted below.

 

We’ll report on the following significant items:

  • the presence or absence of live termite and timber pest activity;
  • suspected evidence of any old or inactive damage; and
  • a general opinion regarding the presence of conditions at the Property conducive to termite or timber pest activity

Key terms in italics are based on Australian Standard definitions and are explained on our website here: https://www.jimsbuildinginspections.com.au/glossary.

 

All inspections are conducted in accordance with Australian Standard 4349.3-2010, and you acknowledge that the extent of our reporting is subject to the scope, accessibility and other limitations set out below. The exception to this is AS4349.2 Group Titled Properties and is listed in our exclusions below.

 

Scope

 

Unless specified otherwise as part of the Service we use visual inspection methods and the application of sounding and moisture identification devices to form an opinion regarding the Property at the time of inspection and deliver you a Report based on the significant items noted above.  We will generally report by exception and not report on deterioration caused by fair wear and tear

 

An estimate of costs to treat termite activity or install and or apply a termite barrier or management system will not be included in the Report.  If you would like this information we can refer you to suitably qualified pest controllers to provide this information.

 

We don’t advise you about title, ownership or other legal matters like easements, restrictions, covenants and planning laws.  None of our inspections constitute an approval by a Building Surveyor, a certificate of occupancy or compliance with any law, regulation or standard.

 

Our Report may recommend a further inspection by another specialist such as an engineer, surveyor or other trade if we find specific problems not included in the Service.  We recommend you act on this advice.

 

Invasive Inspections

 

If this is an Invasive Inspection Service, we will perform the inspection in a manner which minimises damage where possible, however the Client acknowledges that works involved in an invasive inspection includes taking samples and may cause degradation or damage to materials and Property elements, that the Service does not include any rectification or reinstatement works and the Client agrees to indemnify us against any costs incurred as a result of the inspection.

 

In addition, the Client must gain all necessary permissions for the invasive inspection to take place and ensure any rectification or reinstatement works are carried out by a professional tradesperson.

 

Areas for Inspection

Subject to below, we will inspect:

  • Interior
  • Roof void or ceiling cavity
  • Exterior
  • Subfloor (if applicable)
  • Adjoining structures or other outbuildings within 30m of the main building eg: garages, sheds, retaining walls, fences etc.
  • The site to the fence line / property boundary or up to 30m from the house including major trees

We only inspect and report on accessible areas.  You will need to ensure we have access to all areas at the Property being inspected.  If you are not the owner, you should discuss this with the Real Estate Agent or owner.

 

We will consider the following areas inaccessible:

  • Elevated areas like roofs that are not safely accessible from a 3.6m ladder, using an unobstructed line of sight where building elements are close enough to allow inspection
  • Access points (like manholes) smaller than 400mm x 500mm
  • Crawl space (like under floors etc) with a clearance of less than 600mm x 600mm
  • where reasonably entry is denied to us, or where we cannot access, are excluded from the inspection.

 

We will identify in our Report any additional areas that are inaccessible and you may choose to have a further invasive Inspection Service undertaken.

We may need to turn off the mains power for a short time to safely inspect the roof space (and must do so if you are in Western Australia).  We will require you to separately consent to this, and where permission is not granted we will be unable to access the roof void and this will form a limitation for us. If you have any concerns over this, please discuss this with your inspector.

 

Limitations

 

In addition to inaccessible areas, inspections are commonly and frequently limited by a number of factors; you should expect this to happen during your inspection.

 

You must inform us of any known or potential limitations that may impede our ability to perform the Inspection or produce the Report.

 

Examples of common limitations are listed below:

  • conditions we reasonably consider unsafe to inspect;
  • Locked doors or inaccessible rooms
  • Security systems
  • Pets
  • Furniture, floor coverings, wall and ceiling linings and stored items
  • Restriction of access due to height – we only inspect first storey roof structures unless prior arrangement is made
  • Restriction of access due to lack of clearance, small crawl spaces, lack of entry access points or thick vegetation
  • Adverse weather conditions

You acknowledge that the limitations described above, are not intended to be an exhaustive list and we will endeavour to identify any limitations or restrictions specific to the Property as soon as possible. You may then choose to have a further invasive inspection service conducted.

 

Exclusions

 

Unless explicitly selected as an option with your Service, the Inspection and Report exclude assessment or reporting of: Footings below ground, concealed damp proof course electrical installations, concealed plumbing, adequacy of roof drainage, gas fittings and fixtures, air-conditioning, automatic garage doors, pools and related equipment, alarm systems, operation of fireplaces and chimneys, flues and solid fuel heaters, alarm and intercom systems, soft floor coverings, appliances, paint coatings, health hazards, timber and metal framing size and adequacy, concealed tie downs and bracing, other mechanical or electrical equipment such as gates or inclinators, soil conditions, control joints, sustainable development provisions, concealed timber frames, landscaping, rubbish, floor coverings, furniture and accessories, stored items, insulation, environmental matters (water tanks etc) or lighting and energy efficiency.

 

We won’t inspect common property unless specifically requested. If this request is made, our inspection does NOT conform to AS4349.2 Group Titled Properties. If this reporting is required, the client must seek a separate inspection for Group Titled Properties. We are unable to advise about combustible cladding.

 

Our reporting is not suitable for Tribunal or Court Proceedings, where evidence is required by the franchisee as an expert witness, and where specific report formatting must be applied. An Expert Witness Testimony is required for this purpose.

 

Liability and acknowledgement

 

The client acknowledges that

  • removal of access, vent or other covers during the course of the Services will be done in a tradesman like manner, however we do not accept liability for damage or reinstatement, replacement or repair which may arise during this process;
  • The Report does not constitute a warranty or an insurance policy against problems developing with the building in the future. Accordingly, a preventative maintenance program should be implemented for the property which includes systematic inspections, detection and prevention of incipient failure; and

We accept liability for any implied contractual terms that cannot be excluded or limited under applicable law, including the ACL and any loss that is reasonably foreseeable from our material breach of these Terms, however provided you obtain the benefit of any warranty or other obligation conferred upon you pursuant to the ACL, we limit our liability to the replacement of the Services the provision of equivalent Services or the cost of providing those Services.

Other than as specifically accepted by us above, we are not liable for any other losses or damages you may suffer, including any loss caused by you or to the extent it results from your failure to take reasonable steps to avoid or minimise that loss, loss caused by event falling outside our reasonable control and any indirect or consequential losses.

You indemnify, and keep indemnified, us and our franchisors, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by us arising from any claim arising out of your failure to advise on safety issues at the Property, your negligence or breach of these terms and conditions.

 

Privacy Policy

 

We value your personal information, we will ensure it is secure and never share or sell your personal details and contact information with people not associated with Jim’s Building Inspections, unless instructed to do so by you.

We do however use data collected during inspections for research, commercial, training and educational purposes.  For more information please review our Privacy Policy online.

 

COMPLIMENTS AND COMPLAINTS

 

Your feedback, both positive and negative, can assist us to improve our services. We encourage you to please

contact us with any compliments or concerns directly and as soon as you are able.

The process for managing customer feedback is documented below:

  • Contact your inspector directly to provide feedback or make any complaint as soon as you are able.
  • If your inspector cannot resolve it or it involves our insurers they will escalate it to their Regional Franchisor (Manager) and / or insurer as applicable.
  • You can also contact their Regional Franchisor (Manager) directly on 131 546 ask to speak to your Inspectors Regional Franchisor (Manager) or email info@jimsbuildinginspections.com.au

General

 

You acknowledge and agree we own the copyright in the Report and may make the Report available to third parties.

 

This agreement and the Services will be governed by the laws in force in the state or territory in which the Property is located.