Terms and Conditions
Defect Reports
Last updated: October 26, 2020
Important Information Regarding the Scope and Limitations of the Inspection and subsequent Report.
Any person who relies upon the contents of the report does so acknowledging that the following clauses, which define the Scope and Limitations of the inspection, form an integral part of the report.
The report is NOT an all-encompassing report dealing with the building from every aspect. It is a reasonable attempt to identify any obvious or significant defects apparent at the time of the inspection. All defect items listed will be included in the report and the reason listed as a requirement under a referenced document which may include but not limited to the following;
- Queensland Standards & Tolerances Guide 2019,
- Building Code of Australia 1975 (BCA)
- National Construction Code (NCC) 2019,
- Relevant Australian Standards (not just referenced Standards) and Manufacturers recommendations.
We further note that as professional builders and licenced building inspectors any item we consider to be against good building practice or a safety hazard will also be listed.
The report is not a Certificate of Compliance with the requirements of the above Acts’, Regulations’, Ordinances’ or By-law. It is not a structural report. Should you require any advice of a structural nature you should contact a structural engineer – however we note that the Building Certifier will have issued a Form 21 Certificate of Classification – thereby Certifying the completion of the building in a satisfactory structural manner.
VISUAL INSPECTION ONLY limited to those areas and sections of the property fully accessible and visible to the Inspector on the date of Inspection. The inspection WILL NOT include breaking apart, dismantling, removing or moving objects including, but not limited to, foliage, mouldings, roof insulation/ sisalation/sarking, floor or wall coverings, sidings, ceilings, floors, furnishings, appliances or personal possessions. The inspector CANNOT see inside walls, between floors, inside skillion roofing, behind stored goods in cupboards and other areas that are concealed or obstructed. The inspector DID NOT dig, gouge, force or perform any other invasive procedures. Visible timbers CANNOT be destructively probed or hit without the written permission of the property owner.
TOLERANCES:
All defects are viewed from a normal viewing position as outlined under the Queensland Standards and Tolerances guide (last issued 2019). The normal viewing position is from a distance of 1.5m or greater (600mm for appliances and fixtures) with the surface or material being illuminated by noncritical light. Non- critical light means that the light that strikes the surface is diffused and not glancing or parallel to that surface.
The Report does not and cannot make comment upon defects that may have been concealed; the assessment or detection of defects (including rising damp and leaks) which may be subject to the prevailing weather conditions; whether or not services have been used for some time prior to the inspection and whether this will affect the detection of leaks or other defects (eg. In the case of shower enclosures the absence of any dampness at the time of the inspection does not necessarily mean that the enclosure will not leak); the presence or absence of timber pests; gas- fittings; common property areas; environmental concerns; the proximity of the property to flight paths, railways, or busy traffic; noise levels; health and safety issues; heritage concerns; security concerns; fire protection; site drainage (apart from surface water drainage); swimming pools and spas (non-structural); detection and identification of illegal building work; detection and identification of illegal plumbing work; durability of exposed finishes; neighbourhood problems; document analysis; electrical installation; any matters that are solely regulated by statute; any area(s) or item(s) that could not be inspected by the consultant.
Accordingly, this Report is not a guarantee that defects and/or damage does not exist in any inaccessible or partly inaccessible areas or sections of the property. (NB: Such matters may upon request be covered under the terms of a Special-purpose Property Report.)
Only items that are present at the time of the inspection are included in the report. We do not comment on missing (omission) or contractual items, unless the items are a regulatory requirement or is necessary for the property to reach Practical Completion. Items listed in the omissions section of the report are the client’s responsibility to confirm the requirements with the builder to supply the omission item under the signed building contract.
FAIRNESS TO ALL PARTIES:
All defect items in this report have been assessed without prejudice considering the interest of fairness for all parties. This report can be relied upon as an OBJECTIVE visual representation ONLY of the property at the time of the inspection. As a licensed Building Inspection company, we are considered experts in our field and as such we will not be an advocate for any party. It is a requirement of all states Uniform Civil Procedure Rules that we remain independent in our assessment/opinions in this report, a responsibility we take very seriously. As such we agree to be bound by these rules and this report will be impartial all parties may rely on this independent report in relation to the matters addressed within and it will not advocate any party.
CONSUMER COMPLAINTS PROCEDURE:
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.
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 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; and,
- 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.
ESTIMATING DISCLAIMER: Any estimates provided in this report are merely opinions of possible costs that could be encountered, based on the knowledge and experience of the inspector and are not estimates in the sense of being a calculation of the likely costs to be incurred. The estimates are NOT a guarantee or quotation for work to be carried out. The actual cost is ultimately dependent upon the materials used, standard of work carried out, and what a contractor is prepared to do the work for. It is recommended in ALL instances that multiple independent quotes are sourced prior to any remedial work being carried out. The inspector accepts no liability for any estimates provided throughout this report.
IMPORTANT DISCLAIMER
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 Inspector (including but not limited to or any area(s) or section(s) so specified by the Report).
DISCLAIMER OF LIABILITY TO THIRD PARTIES: – Compensation will only be payable for losses arising in contract or tort sustained by the Client named on the front of this report. Any third party acting or relying on this Report, in whole or in part, does so entirely at their own risk. However, if ordered by a Real Estate Agent or a Vendor for the purpose of auctioning a property then the Inspection Report may be ordered up to seven (7) days prior to the auction, copies may be given out prior to the auction and the Report will have a life of 14 days during which time it may be transferred to the purchaser. Providing the purchaser agrees to the terms of this agreement then they may rely on the report subject to the terms and conditions of this agreement and the Report itself.
CONTACT THE INSPECTOR
Please feel free to contact the inspector who carried out this inspection. Often it is very difficult to fully explain situations, problems, access difficulties, building faults or their importance in a manner that is readily understandable by the reader. Should you have any difficulty in understanding anything contained within this report then you should immediately contact the inspector and have the matter explained to you. If you have any questions at all or require any clarification, then contact the inspector prior to acting on this report.