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1. Subject to the terms of the Main Agreement You will pay Us the Fee and We will deliver the Report to You on the terms set out below.
The Report shall be a Property Report and/or a Timber Pest Report, as You have requested Us to deliver.
We will visually inspect such parts of the Property as are reasonably accessible at the time of the Inspection.
We do not, for the purposes of the Inspection, remove, move, dismantle, unscrew or break apart any components including, but not limited to floor coverings, wall, ceiling or roof linings, insulation, debris, stored goods, furniture, soil or vegetation Inspection. We make no representations and the contents of our Report make no warranty as to the suitability and fitness of the Property for your requirements or any particular purpose.
The Report is provided subject to the qualifications and disclosures stated in it and in our letter of engagement.
Our liability is limited by these terms:
We do not report or advise on any question of law or any other information, including planning information or services relating to the Property.
We do not report minor defects or issues (including timber pests) unlikely to materially affect the use or value of the Property, or which it would be reasonable to expect would be repaired or replaced during the course of reasonably regular and prudent maintenance of the property, or any proposed renovations or construction.
We do not provide any estimates of costs or quotations for remedial work or the extent of any damage, any costs indications provided by Us are indicative only. Costs for remedial work may increase significantly after detailed measurement, investigation and quotation by a licensed contractor or quantity surveyor from whom advice should be sought concerning the cost and scope of remedial work required where We report a defect or other matter.
The physical condition of the parts of the Property that were reasonably accessible at the time of our Inspection and that We were therefore able to inspect.
We do not report on infestation or damage by termites or the infestation or damage by any other timber pests where the infestation or damage appears inactive, a state which may occur where termites or other timber pests have been disturbed by a recent prior inspection or where the damage has been repaired or concealed in any manner.
We do not inspect or test pipe-work, mechanical or electrical equipment including, but not limited to air-conditioning equipment, alarms, spa equipment, saunas, steam room, burglar alarms, pool equipment, pool cleaners, hot water heaters, solar equipment, lifts, inclinators, sprinklers, fire protection equipment, water purifiers, filters, pumps, garage doors, other appliances or any materials and/or equipment forming part of the Property.
The existence of timber pests or previous timber pest damage as revealed by the actual physical condition of the parts of the Property that were reasonably accessible at the time of our Inspection and that We were thus able to inspect.
The Report is 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 (timber pests), present on the date of the Inspection. The Timber Pest Inspection does not cover any other timber pests and this report does not comment on them. Dry wood termites (family: Kalotermitidae) are excluded from the Inspection.
No attempt will be made to assess the full extent of damage caused by current activity of timber pests or caused by prior activity of timber pests.
Nothing contained in the Timber Pest Report implies that any inaccessible or partly inaccessible areas or sections of the Property being inspected by the Inspector on the date of the Inspection were not, or have not been, infested by timber pests. A Timber Pest Report is neither a guarantee that an infestation or damage does not exist in any inaccessible or partly inaccessible areas or sections of the Property, nor a guarantee that future infestation of timber pests will not occur or be found.
If timber pest activity or damage is found either within the structures or the grounds of the Property, then damage or activity may exist in concealed or inaccessible areas, e.g. framing timbers. Damage to these areas may only be found when wall linings, cladding or insulation are removed to reveal previously concealed timbers. We recommend that a further invasive inspection be made by similarly qualified building consultants. This invasive inspection is known as an Extent of Damage Assessment and is costly to undertake. It is beyond the scope and extent of our Inspections.
An inspection of the Property other than for the existence of timber pest or previous timber pest damage.
An inspection of any tree less than 300mm in diameter.
If We are denied access to the Property, or You cancel the Report, or We cannot reasonably gain access to the Property without danger of injury or without trespass to Property, We are not bound to deliver the Report and shall be entitled to receive from You our reasonable expenses, including costs incurred travelling to and from the Property and a reasonable sum for the time expended by us, or such cancellation fees as we may determine from time to time.
The Report Fee shall be the Report Fee recorded in the Main Agreement and shall be paid when booking the Inspection or, at our discretion, as invoiced by us.
A Further Fee shall be charged for any further work requested by You at the rate of AU$286 per hour plus reasonable travel travelling time and expenses
Fees not fully paid shall incur an administration fee of 2% of the unpaid balance of the fees per month for each month such fees are outstanding. You further and expressly agree that such administration fee is a fair value of the labour and some of the costs expended by us in the collection of any such unpaid balance.
If, after receiving our Report/s, You have any concerns about the condition of the Property, We will carry out any further Inspection, and provide you with the Property and/or Timber Pest Report, as appropriate, for which We will charge You a fee.
Where any concern, unforeseen or undetected property damage or other defects might lead to a claim against Us, it is a condition precedent to any such claim that You must:
Notify Us in writing, attaching copies of any relevant documents in your control, within 14 days of becoming aware of the basis of the claim.
You must jointly inspect the Property with Us, and negotiate in good faith to reach an agreement as to the extent of the necessary repairs, and as to what extent, if any, We should pay for those repairs.
You must allow Us to do all things that We deem necessary to investigate the claim including, but not limited to opening and entering the Property for re-inspection and for the taking of samples.
You must promptly take all necessary steps in liaison with Us to mitigate the cost of any associated repairs.
You must allow Us to appoint a licensed contractor of our choice to make any repairs where We consider the repairs are necessary, and You must pay Us the cost of any enhancement to the Property or any repairs not our responsibility under this Agreement.
You must, at our request, pursue any claim against a third party to recover any loss or damage suffered by You where possible. We will reimburse You for costs so incurred, and You must repay to Us any amount that We have so paid to You, to the extent it is recovered.
If any claim by You or Us remains in dispute for more than 7 (seven) days, it shall be expeditiously resolved by a member of the Institute of Building Consultants acting as an expert and not as an arbitrator. You and We agree to brief the expert fully within 7 (seven) days of a notice of dispute by either of Us, and to be finally bound by the expert determination. The costs of such expert determination shall be shared equally by You and Us.
In the unlikely event that any damage or timber pest is discovered that should reasonably have been reported in our Report, or in any oral on-site or telephonic advice, and was not so reported, We will cover the full the cost of any reasonably necessary repairs, subject to the following:
An initial excess of $1,000.00 is payable by You for any such claim.
Where the cost of the repairs exceeds $25,000.00 (including the excess payable by You), We will pay 50% of the cost of repairs in excess of $25,000.00. This is because most remedial working in excess of $25,000.00 will improve the Property and thus provide a benefit to you.
You agree that all claims arising out this agreement will be brought solely against Us, and You indemnify all of our agents, subcontractors and employees in respect of any claim You may bring against them arising out of this agreement including, but not limited to reimbursement of any legal costs incurred by them or Us in defending such claim/s.
You further indemnify us in respect of any claim you make against us that is not in accordance with this agreement. You acknowledge that this agreement may be used as a bar against any claim brought that is not in accordance with this agreement.
You agree that the law applicable to this agreement is the law of New South Wales.
This agreement is subject to the Home Building Act 1989 (NSW), which is an Act that regulates residential building work, specialist work and the supply of kit homes, the licensing of building consultancy work (of the kind We provide), the resolution of building disputes, the conduct of disciplinary proceedings against holders of authorities, the insurance of residential building work, specialist work and the supply of kit homes, the jurisdiction of the Fair Trading Tribunal and other purposes as set out in the Act.
You are entitled to a signed copy of this agreement in the form that it was made within 5 (five) working days of it being entered into and, should We have omitted to provide one to You within this time, We will provide one to You immediately upon request.
If the services provided by Us do not constitute services of a kind ordinarily acquired for personal, domestic or household use, or consumption pursuant to the Trade Practices Act or equivalent or similar legislation, then our liability to You shall in the case of any and all loss sustained by You be limited, in our absolute discretion, to supplying our services again, or the payment of the cost of resupplying our services. We shall in no way be liable for any alleged consequential loss, damage, destruction, injury or harm of any nature whatsoever that may be caused to persons or property, arising directly or indirectly, from the use of the Property Report and/or Timber Pest Report.
All conditions and warranties implied by Statute, whether State, Commonwealth and/or at common law are hereby excluded so far as the law permits.
You warrant that you will read our Report fully, and will not rely instead on any oral advice received from us.
These Terms may only be varied in writing and constitute the entire agreement between the parties, and supersede and take precedence over all other communications between the parties, whether oral or written.
In the event of a conflict between the terms of this Schedule and the terms of the Main Agreement, the Main Agreement will prevail.
This report remains our property and We retain full copyright in the Report, and We may provide it to other persons, including other prospective purchasers for consideration.
You should obtain your own independent legal advice in respect of this contract. In respect of any claim arising out of or associated with the Agreement, each party pays its own legal costs.
In the unlikely event that any dispute over our report or advice arises we will pay the cost of obtaining independent legal advice (from an agreed expert panel) on a 'without prejudice'basis and have that advice provided to you in order to facilitate resolution of the dispute.
The Property Report and/or Timber Pest Report are made solely for your use and benefit, and no liability or responsibility whatsoever, in contract or tort, is accepted to any third party who may rely on the Property Report and/or Timber Pest Report wholly or in part. Any third party acting or relying on this Property Report and/or Timber Pest Report, whether in whole or in part, does so at their own risk. Further You agree not to copy either Report in any form, including email or hard copy.
Unless the context otherwise requires, in these terms and conditions:
'Inspection' means a visual examination of the Property in accordance with the requirements of AS 4349.1 'Inspection of Buildings Part 1: Property Inspections' (if a property Inspection) and/or the requirements of AS4349.3 'Inspection of Buildings Part 3: Timber Pest Inspections' (if a Timber Pest Inspection).
'Property' means the building or land to be inspected within the boundaries as indicated by fences. We do not view the Property from any adjoining property or other allotments.
'Unforeseen Property Damage' means damage that We should have reasonably identified in our Property and/or Timber Pest Reports and does not include damage that We would not have reasonably identified, or is attributable to the age of the Property, or damage that is normally incurred as part of the normal maintenance programme of the Property, considering the age and quality of the Property, or damage that may have occurred as a result of an act or omission by You or a third party employed by You to mitigate or repair damage or maintain the Property.
'We', 'Us' and 'Our' means Tyrrells Property Inspections and includes such of its agents, servants and consultants as carry out the Inspection.
'You' and 'Your' means the person for who the inspection is carried out and to whom the Report is addressed.
* Please note the Terms and Conditions for a Technical Report differ from those above. If you wish to have a copy of these Terms and Conditions, please contact us for a copy.