Pre-purchase Building Inspection Agreement AS4349.1-2007
Pre-Purchase Timber Pest Inspection AS4349.3-2010

In ordering the inspection, you agree that the inspection will be carried out in accordance with the following clauses, which define the scope and limitations of the inspection and the report.

The Pre Purchase Building Inspection will be of 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.

Pre Purchase Basic inspection is aassessment of the structure of the property only, the inspection is carried out in accordance with Appendix A of the AS4349.001-2007. It does not report on any non-structural elements of construction, minor defects or serious safety hazards. Items not commented on for example but not limited to are –roof coverings, gas, water & sanitary plumbing, cabinetry, windows, doors, trims, fencing, minor structures, non-structural damp issues, ceiling linings, plastering, painting, tiling, etc.

The Pre-purchase Timber Pest Inspections and all Timber Pest Inspections the inspection will be in accord with the requirements of Australian Standard AS 4349.3-2010 Inspection of buildings Part 3: Timber pest inspections. The purpose of the inspection is to provide advice about the condition of the property concerning timber pest activity as outlined in the Scope of this Agreement.

All inspections (whether in accord with AS 4349.001-2007 and/or AS 4349.3-2010) 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.

A copy of the appropriate Standard with Appendices may be obtained from Standards Australia at your cost

The Inspection will be carried out in accordance with AS4349.1-2007 and/or AS4349.3-2010 The purpose of the inspection is to provide advice to a prospective purchaser regarding the condition of the propertyat the time of the inspection. The inspections and reporting are limited to Appendix C of AS4349.1-2007 and AS4349.3-2010

• The report does not include an estimate of the cost for rectification of the Defects. The overall condition of this building has been compared to similarly constructed and reasonably maintained buildings of approximately the same age. Areas for Inspection shall cover all safe and accessible areas.
• The inspection shall comprise a visual assessment of the items listed in Appendix C to AS4349.1-2007 and/or AS4349.003-2010 for the structures within 30 metres of the building and within the site boundaries including fences.
• In the case of Pre-purchase Timber Pest Inspections in accord with AS 4349.3-2010 the Inspection and resulting Report will be confined to reporting on the discovery, or non discovery, of infestation and/or damage caused by subterranean and dampwood termites (white ants), borers of seasoned timber and wood decay fungi (rot), present on the date and time of the Inspection
• The inspector may use a probe or screwdriver to tap and sound some timbers and may use a sharp knife to carry out some `splinter testing’ on structural timbers in the sub-floor and/or roof void. Splinter testing WILL NOT be carried out where the inspection is being carried out for a Client who is a purchaser and not the owner of the property being inspected. The inspector may use amoisture meter to check moisture levels in walls that back onto wet areas such as showers etc. Other than these areas the moisture meter will not be used on other surfaces except where the visual inspection indicates that there may be a need to further test the area.
• In both cases the Inspection will not cover any other pests and the report will not comment on them. Dry wood termites (Family: KALOTERMITIDAE) and European House Borer (Hylotrupes bujulus Linnaeus) will be excluded from the Inspection.
• The inspection will report any evidence of a termite treatment that happens to be found. Where evidence of a treatment is reported then the Client should assume that the treatment was applied as a curative and not as a preventative. You should obtain a statement from the owner as to any treatments that have been carried out to the property. It is important to obtain copies of any paperwork issued.
• MOULD: Mildew and non-wood decay fungi are commonly known as Mould and is not considered a Timber Pest but may be an indicator of poor ventilation or the presence of termites, wood decay or water leaks. Mould and their spores may cause health problems or allergic reactions such as asthma and dermatitis in some people.
• Subject to safe and reasonable access (See Definitions below) the Inspection will normally report on the condition of each of the following areas:
  • The interior
  • The exterior
  • The roof exterior
  • The roof void
  • The subfloor
• The inspector will report individually on Major Defects and Safety Hazards evident and visible on the date and time of the inspection. The report will also provide a general assessment of the property and collectively comment on Minor Defects, which would form a normal part of property maintenance.
• Where a Major Defect has been identified, the inspector will give an opinion as to why it is a Major defect and specify its location.

• The Inspection and Report compares the inspected building with a building constructed to the generally accepted practice at the time and which has been maintained, so there has been no significant loss of strength and permanence.
• 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 (see Definitions below) 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 following the provision or reasonable entry and access.
• 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
• The inspector CANNOT see or inspect the inside of walls, between floors, inside skillion roofing, inside the eaves, behind stored goods in cupboards, and other areas that are concealed or obstructed. Insulation in the roof void may conceal the ceiling timbers and make inspection of the area unsafe. The inspector WILL NOT dig, gouge, force or performany other invasive procedures. An invasive inspection will not be performed unless a separate contract is entered into
• 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
• A Pre Purchase Building Inspection WILL NOT look for or report on Timber Pest Activity. You should have an inspection carried out in accordance with AS 4349.3-2010 Timber Pest Inspections, by a fully qualified, licensed and insured Timber Pest Inspector. (Unless a timber pest inspection is booked in conjunction with the building inspection)
• If Timber Pest Damage is found as part of a Pre Purchase Building Inspection then it will be reported. The inspector will only report on the damage, which is visible (Unless a timber pest inspection is booked in conjunction with the building inspection)
• If Timber Pest activity and/or damage are found, within the structures or the grounds of the property, then damage may exist in concealed areas, e.g. framing timbers. In this case an invasive inspection is strongly recommended. Damage may only be found when wall linings, cladding or insulation are removed to reveal previously concealed timber. You agree that neither we nor the individual conducting the Inspection is responsible or liable for the repair of any damage whether disclosed by the report or not.
• Nothing contained in the Report will imply that any inaccessible or partly inaccessible area(s) or section(s) of the property are not, or have not been, infested by termites or timber pests. Accordingly the Report 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 future infestation of Timber Pests will not occur or be found
• If the property to be inspected is occupied then You must be aware that furnishings or household items may be concealing evidence of problems, which may only be revealed when the items are moved or removed. Where the Report says the property is occupied you agree to:
  • Obtain a statement from the owner as to
    • Any Timber Pest activity or damage
    • Timber repairs or other repairs
    • Alterations or other problems to the property known to them
    • Any other work carried out to the property including Timber Pest treatments
    • Obtain copies of any paperwork issued and the details of all work carried out.
  • Indemnify the Inspector from any loss incurred by you relating to the items listed in clause a) above where no such statement is
    obtained.
• The Inspection Will not cover or report the items listed in Appendix D to AS4349.1-2007.
• Where the property is a strataor similar title, only the interior and immediate exterior of the specified dwelling will be inspected by the inspector. The inspection will be as outlined in AS 4349.1-2007 Appendix B. Therefore it is advised that the client obtain an inspection of common areas prior to any decision to purchase.
• 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. Such defects may only become apparent in differing weather conditions.
• You agree that we cannot accept any liability for our failure to report a defect that was concealed by the owner of the building being inspected and you agree to indemnify us for any failure to find such concealed defects.
• Where our report recommends another type of inspection including an invasive inspection and report then you should have such an inspection carried out prior to the exchange of contracts or end of cooling-off period. If you fail to follow our recommendations then you agree and accept that
  you may suffer a financial loss and indemnify us against all losses that you incur resulting from your failure to act on our advice.
• The Report is prepared and presented, unless stated otherwise, under the assumption that the existing use of the building will continue as a Residential Property.

No inspection for asbestos will be carried out at the property and no report on the presence or absence of asbestos will
be provided. If during the course of the Inspection asbestos or materials containing asbestos happened to be noticed then this may be noted in the general remarks section of the report. If asbestos is noted as present within the property then you agree to seek advice from a qualified asbestos removal expert as to the amount and importance of the asbestos present and the cost sealing or of removal.

No inspection or report will be made for Mould (Mildew) and non-wood decay fungi.

• 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 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. The cost of the mediator will be borne equally by both parties or as agreed as part of the mediated settlement.
• Should the dispute or claim not be resolved by mediation then the dispute or claim will proceed to arbitration. The Institute of Arbitrators and Mediators of Australia will appoint an Arbitrator who will hear and resolve the dispute. The arbitration, subject to any directions of the Arbitrator, will proceed in the following manner:
  • The parties must submit all written submissions and evidence to the Arbitrator within twenty one (21) days of the appointment of the Arbitrator;
  • The arbitration will be held within twenty one (21) days of the Arbitrator receiving the written submissions. The Arbitrator will make a decision determining the dispute or claim within twenty one (21) of the final day of the arbitration. The Arbitrator may, as part of his determination, determine what costs, if any, each of the parties are to pay and the time by which the parties must be paid any settlement or costs.
• The decision of the Arbitrator is final and binding on both parties. Should the Arbitrator order either party to pay any settlement amount or costs to the other party but not specify a time for payment then such payment shall be made within twenty one(21) days of the order.
• 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.

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 Inspection Report provided pursuant to this agreement by that Person for any purpose or in any way, including the use of this 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. The only Person to whom we may be liable and to whom losses arising in contract or tort sustained may be payable by us is the Client named on the face page of this Agreement.

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.

You release Us from any and all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of whatever nature that the Person may have at any time hereafter arising from the unauthorised provision or sale of the Report by You to a Person without Our express written permission.

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 incurredby, brought, made or recovered against Us arising directly or indirectly from the unauthorised provision or sale of the Report by You to a Person without Our express written permission.

You should read and understand the following definitions of words used in this Agreement and the Report. This will help you understand what is involved in a property and building and Timber Pest inspections, the difficulties faced by the inspector and the contents of the report, which We will provide You following the Inspection

ROOF VOID– the dimensions of the access hole must be at least 500mm x 400mm, and, reachable by a 3.6M ladder, and, there is at least 600mm x 600mm of space to crawl;

ROOF EXTERIOR– must be accessible by a 3.6M ladder placed at ground level. Reasonable access does not include the use of destructive or invasive inspection methods. Nor does reasonable access include cutting or making access traps, or moving heavy furniture or stored goods.

SUBFLOOR– Access is normally not available where dimensions are less than 500mm x 400mm for the access hole and less than 400mm of crawl space beneath the lowest bearer, or, less than 500mm beneath the lowest part of any concrete floor;

SAFE ACCESS– Is at the inspector’s discretion and will take into account conditions existing on the property at the time of the inspection.

Termites means subterranean and dampwood termites (white ants) and does not include Dry wood termites.

Our/Us/We means the company, partnership or individual named below that you have requested to carry out the property inspection and report.

You/Your means the party identified on the face page of this agreement as the Client, and where more than one party all such parties jointly and severally, together with any agent of that party.

Note: Additional inspection requirements requested by you may incur additional expense in regard to the cost of the inspection.