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This is an agreement between the Property Owner/s and or Agent (if appointed by Owners) and Building Inspector facilitated by PRECISION CONSULTANTS & INSPECTIONS where the Owner seeks to engage PRECISION CONSULTANTS & INSPECTIONS to perform an inspection for solely the pool or spa safety barrier on the address listed and does so through our fee proposal or any of its associated products or services provided by PRECISION CONSULTANTS & INSPECTIONS.

  1. Terms:

Please read these terms and conditions (the Terms) carefully. By signing this fee proposal, this signifies you have read, understood and agreed to be bound by the Terms. If you do not agree with the Terms, you must not sign this fee proposal and cease any of PRECISION CONSULTANTS & INSPECTIONS services immediately.

PRECISION CONSULTANTS & INSPECTIONS reserves the right to review and change any of the Terms by updating this page at its own discretion. When PRECISION CONSULTANTS & INSPECTIONS updates the Terms.

ABN: 98 174 588 734 (The Trustee for Precision Consultants & Inspections Trust)

ACN: 676 492 783 (PC & Inspections Pty Ltd)

  1. Definitions:

Agreement: Appointment letter and fee proposal are signed agreements.

Certificates: A Form 23 certificate of pool and spa barrier compliance can only be issued once any defects mentioned within the report are completed in compliance with the applicable barrier standard nominated by Council’s Register.Where the pool safety standard is not in compliance, a Form 24 certificate of pool and spa barrier non-compliance must be issued.

Building Inspector Also referred to as ‘Pool Inspector’, registered under the Victorian Building Authority (VBA), who, from the date of the Agreement, is authorised to carry out certification work including inspections of swimming pools and issuing certificates under the Building Regulations 2018 & Swimming Pools Act 1992 while complying with the code of conduct for building surveyors in Victoria.

Form: includes any form issued under the Act or this Agreement.

Notice: includes any notice issued under the Act or this Agreement.

PRECISION CONSULTANTS & INSPECTIONS: Also referred to as ‘I’, ‘Our’, ‘Us’ and ‘We’, ‘Website’, the facilitator and/or Affiliates.

Property Owner: Also referred to as ‘You’, the ‘Owner’, ‘Property Owner Authorised Representative’, or ‘Individual’ requesting the services of PRECISION CONSULTANTS & INSPECTIONS and engaging the Building Inspector to inspect and re-inspect the pool. The Owner may ask the Building Inspector named in this Report to re-inspect the pool after the Form 24 certificate of pool and spa barrier of non-compliance is issued.

  1. Date of Agreement:

This Agreement commences from date of signed these terms and conditions.

  1. Insurance Details:

Name of Insurer: Keystone Underwriting Pty Ltd
Policy No/ Identifier: NPP-97027-PI

  1. Fees & Payment Terms:

Fees must be paid prior to any bookings.

  1. A certificate is issued for every inspection. Whether that is a Form 23 or Form 24.
    2. A fee of $550 Inclusive of GST is charged for the preliminary package (refer to website for further details).
    3. A fee of $300 Inclusive of GST is charged for the inspection package (refer to website for further details).
  2. A fee of $200 Inclusive of GST is charged for the re-inspection package (refer to website for further details).
    5. The Owner acknowledges if the invoice goes past 30 days overdue, the debt will be forwarded to a debt collection agency where the debt collectors fee will be added to the invoice to recover debt recovery.

6. Services:

You may not use the Services and accept the Terms if you are:

  • Not of legal age to form a binding contract with PRECISION CONSULTANTS & INSPECTIONS, or
  • Not legally authorised to do so.

The Building Inspector will perform all work necessary to comply with relevant statutory requirements, including:

  • Inspecting the swimming pool and spa safety barrier;
  • Assessing whether the swimming pool complies with the requirements for the issue of a Form 23 certificate of pool and spa barrier compliance under the Building Act 1993, Building Regulations 2018 and Swimming Pool & Spa Regulation 2019.
  • Issuing a Form 23 certificate of pool and spa barrier compliance to the Owner if the swimming pool complies.
  • Issuing the following if the swimming pool or spa safety barrier is non-compliant:

– Inspection Report identifying the non-compliances or a Form 24 certificate of pool and spa barrier non-compliance.

  • Providing a copy of the Form 24 to the relevant local Council:
    – Immediately where, in the opinion of the Building Inspector, the pool poses a significant risk to life or safety; or

-This includes whether –

A door or gate forming part of the pool/spa safety barrier is unable to be completely closed.

A door or gate can be opened by a person unable to reach the opening mechanism.

Any part of the barrier is less than 1.0m high on the approach side.

A non-compliance of the barrier poses a significant and immediate danger to the life and safety of the public, occupants and owners etc.

If within 60 days, the barrier is not capable of being made compliant with the Form 24 issued or the owner is unlikely to bring the barrier in compliance.
– After sixty-seven (67) days from the date of inspection, unless a Form 23 certificate of pool and spa barrier compliance is issued beforehand.

If necessary, re-inspecting the swimming pool/spa safety barriers, and issuing certificates, forms and/or written notices, as appropriate.

  1. Consumer Complaints Procedures:

In the event of any controversy or claim arising out of, or relating to the Report, either party must give written notice of the dispute to the other party. If the dispute is not resolved within ten (10) days from the service of the certificate, then the dispute shall be referred to a mediator nominated by the Pool Inspector. Should the dispute not be resolved by mediation then either party may refer the dispute for resolution by arbitration. In the event any litigation is brought as a result of the inspection and/or Report, you indemnify us against any legal fees and expenses incurred where you have not first allowed us the opportunity to visit the property to investigate the complaint and provide you with a written response.

  1. Governing Law:

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim or whatever nature arising out of or in any way relating to the Terms and the rights, created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Victoria, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  1. Electronic Signatures:

The parties agree they have the right to execute this Agreement through electronic signature technology pursuant to the Electronic Transactions Act 1999 (Cth). The parties agree to the extent they sign electronically, their electronic signature is the legally binding equivalent to their handwritten signature. If either party would like a paper copy of this Agreement, a copy may be requested from PRECISION CONSULTANTS & INSPECTIONS.

  1. Declaration:

By signing this Agreement, I acknowledge I have read, acknowledge, understand and agree to the Terms as stated here and you are the authorised person to do so. I also acknowledge I have freely chosen to engage the Building Inspector and read the terms and any documents accompanying this Agreement and understand the roles and responsibilities of Pool Safety Solutions, the Owner or legal representative for the Owner, and the Building Inspector.

  1. The Inspection & The Report:

The following forms an integral part of the Report and must be read in conjunction with the entire Report. By relying upon the contents of the Report, you acknowledge the following clauses defining the scope and conditions of the inspection, form an integral part of the Report.

The Report is not an all-encompassing report dealing with pool construction, building or structure. It is a reasonable attempt to identify any obvious or significant defects apparent at the time of the inspection. Whether or not a defect is considered significant or not, depends, to a large extent, upon the age and type of barriers and fences inspected. The Report is not a certificate of pool and spa barrier compliance with the requirements of any Act, Regulation, Ordinance or By-law. It is not a construction, building or structural report.

Should you require any advice of a construction, building or structural nature, you should contact a builder or structural engineer. Failure to follow the Report is your decision.

Inspections are onsite only, limited to those areas and sections of the property fully accessible and visible to the Building Inspector on the date of inspection. The inspection does not include breaking apart, dismantling, removing or moving objects including, but is not limited to, foliage, furniture, building elements, furnishings, appliances or personal possessions. The Building inspector cannot see behind stored goods or concealed or obstructed areas. The Building Inspector does not dig, gouge, force or perform any other invasive procedures to areas.

You agree PRECISION CONSULTANTS & INSPECTIONS and the Building Inspector cannot accept any liability for failure to report a defect that was concealed by the Owner of the pool being inspected and you agree to indemnify PRECISION CONSULTANTS & INSPECTIONS and the Building Inspector for any failure to find such concealed defects.

If you fail to follow the recommendations within the Report according to the Australian act and standards, then you agree and accept you may suffer a financial loss and indemnify us against all losses you incur resulting from your failure to act on our advice. 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 of the Report by you to a person without our express written permission.

The relevant local Government authority must be notified of non-compliance sixty (67) days after this certificate is issued. The local Government may take enforcement action, impose penalties or take other action.

11.1 No Access. No Inspection:

We maintain communications at every possible point through the terms of this Agreement to access the property and conduct our inspection services. Should the Owner not be available, and cannot provide the Building Inspector with a safe and unobstructed access to the swimming pool/spa area at the scheduled inspection time, or limited access to the property, the Building Inspector has the right to terminate their inspection with the fee of that service being charged to the Owner.

11.2 Rescheduling Inspections/ Re-inspections:

Rescheduling of inspections and reinspections are subject to availability and cannot be guaranteed to be suitable to the homeowner.

11.3 Proof of Registration of Swimming Pool/ Spa:

Law requires the Owner to supply a proof of registration as to when the pool and/ or barrier was constructed.

11.4 Glass Caution:

Glass panels in older fences or imported products may not necessarily comply with current glass safety standards AS 1288. The inspection of glass falls outside of the scope of this inspection. In the interests of safety, a structural engineer and glazier may be required to be consulted about whether the glass panels and/or gates comply with the glazing standards. Non-complying glass should be replaced with complying glass.

11.5 Asbestos Disclaimer:

No inspection for asbestos is carried out at the property and no Report on the presence or absence of asbestos is provided. If you have any questions, you should seek advice from a qualified asbestos expert.

11.6 Additional Fees Due to Council Involvement:

Due to the complex legal nature of pool compliance, an additional charge of $99+GST will be immediately incurred covering the administrative costs when council becomes involved. The Owner cannot contract us for the purpose of disinformation or by deceitful means where council is involved. This clause does not apply when providing a copy of Section 22E.

11.7 Workplace Health & Occupational Safety:

By signing this agreement, the Owner is responsible for the property and the area being inspected. This area is required to be kept safe and clear from risk and hazards such as dogs, slippery floors, sharp objects, exposed electricals etc. Should the Building Inspector become injured due to these risks or hazards while performing professional inspection services, the Owner is liable for full compensation regarding this.

11.8 Liabilities & Damages:

We will not accept any liabilities or damages arising from our professional inspection services. According to pool safety legislation, Building Inspectors must conduct strength and rigidity testing on the pool/spa safety barrier with forces of up to 330Nm to approximately 33KG on posts and/or footings and up to 250Nm to approximately 25KG on sections between posts and/or footings. Damages as a result of this necessary testing is the Owner’s responsibility.

11.9 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 Building Inspector (including but not limited to or any area(s) or section(s) so specified by the Report).

11.10 Disclaimer of Liability to Third Parties:

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 Report provided pursuant to this agreement by that person for any purpose or in any way, including the use of the 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

11.11 Additional Pool or Spa Inspections:

For a swimming pool or spa inspection where an additional pool or spa is located on site, the Building Inspector is obligated to assess their compliance as required by the responsibilities of a registered building practitioner. This assessment or details of the additional pool or spa may also be forwarded to the Council for further review and their actioning (if required).

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