Pool Fence Agreement
The Agreement
The relevant definitions listed in this Agreement are listed at the end of this Agreement.
The Client’s Acknowledgements
2. The Client acknowledges that:
a) The Inspector reserves the right to cancel the inspection and only the deposit, if any, will be reimbursed to the Client.
b) The Inspector will inspect The Pool Safety Inspection will report on Swimming Pool Safety in accordance with the requirements of Australian Standard AS1926.1-2012 (Part 1: Safety barriers for swimming pools) and AS1926.2- 2012 (Part 2: Location of safety barriers for swimming pools).
3. The report will be prepared on the basis of a visual inspection only and without reference to any construction plans or any engineering test or other tests relating to the structural integrity of your pool. A copy of the appropriate Standard with Appendices may be obtained from Standards Australia at your cost. The Client warrants that they have been given reasonable opportunity to peruse the relevant Australian Standards.
a) The Inspection Report is also limited by the Restrictions on an Inspection, as well as any rights held by an Inspector to ensure their own safety and/or any other limitations set out in the terms of this Agreement.
b) It is implicit that the Inspection Report is a subjective visual inspection.
c) The Client will not rely on the report for valuation purposes or in their final decision regarding selling or purchasing the property.
d) The Scope of Inspection set out in this Agreement is only indicative as the Inspector is restricted by their ability to access any Area, which is subject to all safety considerations. The Client further acknowledges that the Inspector cannot breach the same to carry out an inspection.
e) Some Restrictions on an Inspection are foreseeable while others are only known at the time of inspection and the Inspector is the only person who can determine, at the time of the inspection, what they are restricted by during an inspection.
f) The Inspector is not liable for any Area not inspected due to Restrictions on an Inspection.
g) That the Client has read all the terms and has not relied on any representations made by the Inspector or anyone else before entering this Agreement.
h) That just because a defect is not visible at the time of the inspection does not guarantee that there is no defect affecting the Property.
i) The Client will not hold the Inspector liable for any losses suffered on relying on the Inspection Report considering the acknowledgments above and the terms of this Agreement.
j) That the Client acknowledges acceptance through performance of this Agreement by way of payment of the agreed Inspector’s fee, and confirming that the agreement and terms and conditions have read and understood by the client and / or as such ticking the appropriate check box when ordering on line.
4. No liability shall be accepted on account of failure of the report to identify or notify any problems of a structural nature relating to the pool or to any part of the pool physically inaccessible for inspection.
5. Structural problems must be identified through, and dealt with by, a builder or the local council.
6. The report does not replace a Pool Safety Inspection and/or Compliance Certificate as per State Legislation requirements. A Compliance Certificate will be generated, where no defects have been identified.
7. Where defects are identified, a Re-Inspection must be conducted to ensure defects are rectified prior to a Compliance Certificate being issued. A Re-Inspection fee may be incurred.
8. The report is provided solely for the use and benefit of the customer named on the front of the report.
9. No liability or responsibility whatsoever lies to any Third Party who may rely on the report.
10. The Client will pay to the Inspector the sum as advised by the Inspector for an Inspection Report of the Property (detailed above in this Agreement) and the final report is subject to this acknowledgments, terms and recitals within this Agreement.
Limitations And Exclusions
11. 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 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 subject to another pre-inspection agreement on the same terms herein.
12. 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.
13. Any stored or scattered goods, stored items including boxes, parked cars and bikes, boats, trailers, foliage, plants, vines, stored fire wood and timbers, trees and vines clinging to external surfaces of the swimming pool including the fence and gates, will hinder the inspection process.
14. The Inspector warrants that they will do everything reasonable to inspect the above Areas thoroughly and responsibly subject to the requirements of the AS Standard and any foreseeable or unforeseeable restrictions.
15. The Client warrants that they will not hold the Inspector liable for any Area that the Inspector could not reasonably inspect due access and restrictions on an inspection.
16. The Client warrants that they will not rely on this report after a period of 7 days as this is a visual inspection condition may change between the day of inspection and the day of any defect being apparent such as, but not limited to, different weather conditions, removal of furniture, damage done by occupants, settling of the land, extreme weather damages or anything that could cause the visual effect of a defect to become known.
17. The Client indemnifies the Inspector:
a) Against any third party losses or claims for use of the Inspection Report.
b) Indemnity: 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 incurred by, 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.
c) Against any Safety issue that was not evident by visual assessment at the time of the inspection.
COMPLAINTS PROCEDURE
18. 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.
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 from the Institute of Arbitrators and Mediators of Australia. The cost of the Mediator will be borne equally by both parties or as agreed as part of the mediated settlement.
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.
19. The Report will be made solely for the use and benefit of the Client. No liability or responsibility whatsoever, in contract or tort, is accepted to any third party who may rely on the report wholly or in part. Any third parties acting or relying on the report, in whole or in part will do so at their own risk.
20. The Inspector reserves the exclusive right to terminate this Pre-Inspection Agreement on 1 days’ notice due to weather constraints, non-payment of the Inspector’s Fee or any other safety concern. Only the Inspector may terminate the Agreement.
21. If the Inspector’s fee is refunded for any reason whatsoever then the Inspection Report provided (if any) will be deemed invalid and annulled.
22. Any term within this Agreement that is deemed invalid in any jurisdiction is only invalid to the extent specified by the jurisdiction in that specific jurisdiction. It does not invalidate any other term of this Agreement. Furthermore if a term or terms are found to be invalid and thereby severed from this Agreement the Agreement and its surviving terms are not invalidated.
23. The Client is barred from making a claim against the Inspector by virtue of the Client’s Acknowledgments.
Acknowledgement
24. You agree to contact the Inspector once You have read the report.
By agreeing to this pre inspection agreement you confirm that You will read this Inspection Report in its entirety prior to selling or purchasing the inspected property and agree to call, Text, SMS or email the Inspector if you have any further questions about this report.
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
1. Pool Inspection and the contents of the Report with which We will provide You following the inspection.
2. Barrier means the assembly of components, natural or otherwise, that restricts access to the pool.
3. Pool area means the area that contains the pool and is enclosed by a barrier.
4. Report means the report issued to You by Us following Our inspection of the pool.
5. Swimming Pool (referred to as ‘Pool’) means any structure containing water to a depth greater than 300mm and used primarily for swimming, wading, paddling or the like, including a bathing or wading pool or spa pool.
6. Our/Us/We means The Inspector and or Inspection firm conducting the inspection as ordered by You.
7. You/Your means the party identified on the order as the Client, and where more than one party, all such parties jointly and severally, together with any agent of that party.