PEST & BUILDING INSPECTION AGREEMENT TYPE OF PROPOSED INSPECTION ORDERED

The Australian Standard for building inspections 4349.1-2007 and timber pest inspections 4349.3 requires that every pre-purchase inspection has a pre-engagement agreement accepted by the home purchaser (or their solicitor/conveyancer) before commencement of the inspection. To comply with the INDUSTRY standard and insurers requirements read and fill in the information below.

A copy of the appropriate Standard with Appendices may be obtained from Standards Australia. AT http://infostore.saiglobal.com/store2/results2.aspx?keyword=Pest+Building&Db=AS&searchType=simple&Status=all&publisher=ALL&Max=15&Search=Proceed

1. The Consultant reserves the right to reject any application at the consultant’s absolute discretion. In this event, any fees, deposit or other monies paid by the client will be refunded.

2. The Consultant shall not be liable for failure to perform any duty or obligation that the consultant may have under this agreement, where such failure has been caused by inclement weather, industrial disturbance, inevitable accident, inability to obtain labour or transportation, or any cause outside the reasonable control of the consultant

3.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.
INSPECTION:
In the case of Pre-purchase Timber Pest Inspections and all Timber Pest Inspections the inspection will be in accord with the requirements of Australian Standard AS 4349.3-1998 Inspection of buildings Part 3: Timber pest inspections.
The Inspection 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.
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 a moisture 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.
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 inside walls, between floors, inside skillion roofing, inside the eaves, behind stored goods in cupboards, in 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 perform any other invasive procedures. An invasive inspection will not be performed unless a separate contract is entered into.
If the property to be inspected is occupied then You should be aware that furnishings or household items may be concealing evidence of Timber Pests, which may only be revealed when the items are moved or removed. In some case the concealment may be deliberate. If You are the purchaser and not the owner of the property to be inspected then You should obtain a statement from the owner as to any timber pest activity or damage to the property known to them and what, if any, treatments have been carried out to the property. It is important to obtain copies of any paperwork issued and the details of any repairs carried out. Ideally the information obtained should be given to the inspector prior to the inspection being conducted.

PEST INSPECTION: Inspection & Report: 

SCOPE

Unless specified in writing, the Timber Pest Detection Report deals only with the detection, or non-detection of Timber Pest Attack and Conditions Conducive to Timber Pest

Attack discernible at the time of inspection.

As requested by the Client, the assessment is to be based solely on the following site inspection carried out by a Timber Pest Detection Consultant of the Readily Accessible Areas of the Building and Site:

Option 1 A visual examination of timber and other visible accessible and unobstructed materials/areas (but excluding furniture and stored items) susceptible to attack by Timber Pests, and the carrying out of Tests (see Limitation No 1 below).

Option 2 An inspection report, which may include Option 1 as well as the particular requirements of the Client, which are specified and attached to this document, where applicable.

Option 3 In addition to Option 1 a Subterranean Termite Management Proposal in accordance with Australian Standard AS 3660.2 to treat infestation and/or manage the risk of concealed subterranean termite access to buildings and structures.

If the Client has any doubt about the Scope of the Report please discuss your concerns with the Consultant before ordering the Report or on receipt of the Report.

The Client acknowledges that, unless stated otherwise, the Client as a matter of urgency should implement any recommendation or advice given in the Report.

LIMITATIONS

The Client acknowledges:

1. ‘Visual only’ inspections are not recommended. The Timber Pest Detection Consultant does not warrant that a ‘visual only’ inspection completely complies with Australian Standard AS 4349.3 “Inspections of Buildings. Part 3: Timber Pest Inspections”, and may be of limited use to the Client. In addition to a visual inspection, AS 4349.3 recognises to better assess timber pest activity and damage requires the consultant to carry out when ever necessary appropriate tests with instruments.

2. The Report does not include the inspection and assessment of matters outside the scope of the requested inspection and report.

3. The inspection only covers the Readily Accessible Areas of the Building and Site. The inspection does not include areas, which were inaccessible, not readily accessible or obstructed at the time of inspection. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include – but are not limited to – roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work,builders debris, vegetation, pavements or earth.

4. The detection of drywood termites may be extremely difficult due to the small size of the colonies. No warranty of absence of these termites is given.

5. The Report is not a structural damage report. Neither is it a warranty as to the absence of timber pest attack.

6. If the inspection is to be limited to any particular type(s) of timber pest (e.g. termites), then this would be the subject of a Special-Purpose Inspection Report, which is adequately specified.

7. The Report does not cover or deal with environmental risk assessment or biological risks not associated with Timber Pests (e.g. toxic mould) or occupational, health or safety issues. Such advice may be the subject of a Special-Purpose Inspection Report which is adequately specified and must be undertaken by an appropriately qualified inspector. The choice of such inspector is a matter for the Client.

8. The Inspection Report is to be produced for the use of the Client named in this Pre-Engagement Inspection Agreement. The Consultant or their firm or company are not liable for any reliance placed on the report by any third party.

DETERMINING EXTENT OF DAMAGE.
The Report will state timber damage found as 'slight', `moderate', `moderate to extensive' or `extensive'. This information is not the opinion of an expert, as the inspector is not qualified to give an expert opinion. The Report will not and cannot state the full extent of any timber pest damage. If any evidence of Timber Pest activity and/or damage resulting from Timber Pest activity is reported either in the structure(s) or the grounds of the property, then-You must assume that there may be some structural or concealed damage within the building(s). An invasive Timber Pest Inspection (for which a separate contract is required) should be carried out and You should arrange for a qualified person such as a Builder, Engineer, or Architect to carry out a structural inspection and to determine the full extent of the damage and the extent of repairs that may be required.
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, eg 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.

COMPLAINTS PROCEDURE
In the event of any dispute or claim arising out of, or relating to the Inspection or the Report, or any alleged negligent act or omission on Our part or on the part of the individual conducting the Inspection, either party may give written Notice of the dispute or claim to the other party. If the dispute is not resolved within fourteen (14) days from the service of the written Notice then either party may refer the dispute or claim to a mediator nominated by Us. The cost shall be meet equally by both parties or as agreed as part of the mediated settlement. Should the dispute or claim not be resolved by mediation then one or other of the parties may refer the dispute or claim to the Institute of Arbitrators and Mediators of Australia who will appoint an Arbitrator who will resolve the dispute by arbitration. The Arbitrator will also determine what costs each of the parties are to pay.

THIRD PARTIES.
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.

DEFINITIONS.
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 Timber Pest Inspection or a Termite Inspection, the difficulties faced by an inspector and the contents of the Report with which We will provide You following the inspection.
Access hole means a hole in the structure allowing entry to an area.
Active means the presence of live timber pests at the time of inspection.
Client means the person(s) for whom the inspection is to be carried out. If ordered by the client's Agent then it is agreed that the Agent represents the client and has the authority to act for and on behalf of the client.
High moisture readings means a reading on a moisture meter that is higher that the norm for other parts of the structure. Such high reading should be investigated by invasive means as the presence could indicate a leak or may indicate timber pest activity and damage.
Inactive means the absence of live timber pests at the time of inspection but evidence such as workings, damage, mudding or exit holes is found at the time of the inspection.

NOTE: Where visual evidence of inactive termite workings and/or damage is located, it is possible that termites may still be active in the immediate vicinity and the termites may continue to cause further damage It is not possible, without benefit of further investigation and inspections over a period of time, to ascertain whether any infestation is active or inactive. Continued, regular, inspections are essential.
Property means the structures, gardens, trees and fences etc up to fifty (50) metres from the exterior walls of the main building but within the boundaries of the land on which the main building is erected. Unless You specifically order in writing that structures, gardens, trees and fences etc outside the fifty (50) metres from the exterior walls of the main building be inspected no such inspection will be carried out.
Reasonable Access means access to areas as defined in AS 4349.3 - 1998. The standard defines reasonable access as access to "areas where safe, unobstructed access is provided and the minimum clearances specified in the Table below are available or, where these clearances are not available, areas within the consultant's unobstructed line of sight and within arm's length. Reasonable access does not include removing screws and bolts to access covers." 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 furniture or stored goods.

Timber Pest Attack means Timber Pest Activity and/or Timber Pest Damage.

Timber Pest Activity means telltale signs associated with ‘active’ (live) and/or ‘inactive’ (absence of live) Timber Pests at the time of inspection.

Timber Pest Damage means noticeable impairments to the integrity of timber and other susceptible materials resulting from attack by Timber Pests.

Report means the report issued to You by Us following Our inspection of the property.

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

Conditions Conducive to Timber Pest Attack means noticeable building deficiencies or environmental factors that may contribute to the presence of Timber Pests.

Readily Accessible Areas means areas which can be easily and safely inspected without injury to person or property, are up to 3.6 metres above ground or floor levels, in roof spaces where the minimum area of accessibility is not less than 600 mm high by 600 mm wide and subfloor spaces where the minimum area of accessibility is not less than 400mm high by 600 mm wide, providing the spaces or areas permit entry. The term ‘readily accessible’ also includes:

(a) accessible subfloor areas on a sloping site where the minimum clearance is not less than 150 mm high, provided that the areas is not more than 2 metres from a point with conforming clearance (i.e. 400 mm high by 600 mm wide); and

(b) areas at the eaves of accessible roof spaces, that are within the consultant’s unobstructed line of sight and within arm’s length from a point with conforming clearance (i.e.600 mm high by 600 mm wide).

Timber Pest Detection Consultant means a person who meets the minimum recommended competency standard set out in Australian Standard AS 4349.3.

Building and Site means the main building (or main buildings in the case of a building complex) and all timber structures (such as outbuildings, landscaping, retaining walls,fences, bridges, trees, tree stumps and timber embedded in soil) and the land within the property boundaries up to distance of 50 metres from the main building(s).

Timber Pests means subterranean and dampwood termites (white ants), borers of seasoned timber and wood decay fungi (rot) or one or more of the following wood destroying agents which attack timber in service and affect its structural properties:

(a) Chemical Delignification - the breakdown of timber through chemical action.

(b) Fungal Decay - the microbiological degradation of timber caused by soft rot fungi and decay fungi, but does not include mould, which is a type of fungus that does not structurally damage wood.

(c) Wood Borers - wood destroying insects belonging to the order ‘Coleoptera’ which commonly attack seasoned timber.

(d) Termites - wood destroying insects belonging to the order ‘Isoptera’ which commonly attack seasoned timber.

Tests means additional attention to the visual examination was given to those accessible areas which the consultant’s experience has shown to be particularly susceptible to attack

by Timber Pests. Instrument Testing of those areas and other visible accessible timbers/materials/areas showing evidence of attack was performed.

Instrument Testing means where appropriate the carrying out of Tests using the following techniques and instruments: May Include.

(a) electronic moisture detecting meter - an instrument used for assessing the moisture content of building elements;

(b) stethoscope - an instrument used to hear sounds made by termites within building elements;

(c) probing - a technique where timber and other materials/areas are penetrated with a sharp instrument (e.g. bradawl or pocket knife), but does not include probing of decorative

timbers or finishes, or the drilling of timber and trees; and sounding – a technique where timber is tapped with a solid object

Our/Us/We means the company, partnership or individual named below that You have requested lo carry out a timber pest or termite inspection and report.
You/Your means the party identified as the Client on the face page of this agreement, and where more than one party all such parties jointly and severally, together with any agent of that party.

EXCLUSIONS

The Client acknowledges:

1. The Report does not deal with any timber pest preventative or treatment measures, or provide costs for the control, rectification or prevention of attack by timber pests.

However, this additional information or advice may be the subject of a Timber Pest Management Proposal, which is adequately specified.

1. BUILDING INSPECTION: Inspection & Report: The 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.

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.

SCOPE OF THE INSPECTION & THE REPORT

1. 1. The Inspection will be carried out in accordance with AS4349.1-2007. The purpose of the inspection is to provide advice to a prospective purchaser regarding the condition of the property at the date and time of inspection. Areas for Inspection shall cover all safe and accessible areas.
2. 2. The inspection shall comprise a visual assessment of the items listed in Appendix C to AS4349.1-2007 for the structures within 30 metres of the building and within the site boundaries including fences.
3. 3. 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 roof void

·         The exterior

·         The subfloor

·         The roof exterior

1. 4. 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.
2. 5. 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.
3. 6.

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.

LIMITATIONS

1. 7. 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.
2. 8. The Inspection and Report compares the inspected building with a building that was constructed in accordance with the generally accepted practice at the time of construction and which has been maintained such that there has been no significant loss of strength and durability.
3. 9.

The Inspection excludes 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. The inspector WILL NOT dig, gouge, force or perform any other invasive procedures.

1. 10. 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.
2. 11. The Inspection WILL NOT look for or report on Timber Pest Activity. You should have an inspection carried out in accordance with AS 4349.3-1998 Timber Pest Inspections, by a fully qualified, licensed and insured Timber Pest Inspector.
3. 12. If Timber Pest Damage is found then it will be reported. The inspector will only report on the damage which is visible.
4. 13. ASBESTOS: 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.
5. 14. Mould (Mildew) and Non-Wood Decay Fungi Disclaimer: No inspection or report will be made for Mould (Mildew) and non-wood decay fungi.
6. 15. Estimating Disclaimer: Any estimates provided in the 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 inspector accepts no liability for any estimates provided throughout this report where they occur you agree to obtain and rely on independent quotations for the same work.
7. 16. 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:

a)                Obtain a statement from the owner as to

i.                Any Timber Pest activity or damage;

ii.               Timber repairs or other repairs

iii.              Alterations or other problems to the property known to them

1. Any other work carried out to the property including Timber Pest treatments
2. Obtain copies of any paperwork issued and the details of all work carried  out

b)                Indemnify the Inspector from any loss incurred by You relating to the items listed in clause a)

                   above where no such statement is obtained.

             17. The Inspection Will not cover or report the items listed in Appendix D to AS4349.1-2007.

             18. Where the property is a strata or similar title, the inspector will only inspect the interior

                    and immediate exterior of the particular unit requested to be inspected as detailed in

                   Appendix B in AS4349.1-2007. Therefore it is advised that the client obtain an inspection

                   of common areas prior to any decision to purchase.

             19. 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.

             20. 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.
             21. 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.
             22. 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.
 
GENERALLY

              23. In the event of a dispute or a claim arising out of, or relating to the inspection or the
                   report, or any alleged negligent act, error or omission on our part or on the part of the
                   inspector conducting the inspection, either party may give written notice.

1. I/We are knowingly ordering Sydney Pest Inspection to carry out an Inspection & provide a written report including photos.
2. I/We are aware that the Inspector is unable to gain access into areas that are deemed to be inaccessible in accord with AS-4349 and/or to areas that are considered to be unsafe. The inspector does not climb onto roofing, the roofs and guttering will be observed from a 3.6 meter ladder where possible.
3. I/We are aware that the inspector will carry out a non-invasive inspection. A non-invasive inspection is primarily a visual inspection of accessible areas, the inspector will use appropriate non-invasive detection tools in accord to AS-4349.3 which are carried by the inspector at the time of inspection. Sydney Pest Inspections is unable to comply with all sections of AS-4349 as a conflict exists in these standards.
4. I/We are aware that pre-purchase property inspections are not intended to point out every small problem or any non visible defects in a building. Most minor or cosmetic flaws, for example, should be apparent without the aid of a professional.
5. I/We are aware that furniture, fixtures, stored items, soils and plants etc’ will not be moved by the inspector at the time of the inspection. That the inspector can not see inside walls or other concealed areas and can not detect damage or defects that are not visible in most cases, some defects can be detected with the aid of non-destructive testing equipment which will be used at the time of the inspection but these tools do have limitations and can not detect defects in all circumstances. Full extent of damage/defects may need to be determined by an additional invasive inspection.
6. I/We are aware that the prime purpose of a pre-purchase property report is to identify where possible significant defects of the property and/or building structure and fabric, that may affect the clients decision to purchase the property. The prime purpose of a pre-purchase structural pest inspection is to determine where possible the presence of significant structural pest activity and/or damage.
7. I/We acknowledge that Sydney Pest Inspections can only make recommendations. I/We are aware that any recommendations that are made by Sydney Pest Inspections will be taken into consideration & acted upon accordingly.
8. I/We are aware that this pre-purchase property inspection should not be confused with any other inspection or appraisal, a building code inspection, or any guarantee of any kind, but a tool to aid you, the purchaser, to be better prepared and knowledgeable.
9. I/We are aware that it is beneficial to speak with the inspector after having read the written report to clarify items that may not be fully understood.

I/We are aware of the cost of an Inspection provided by Sydney Pest Inspections and that payment is to be made prior to delivery and/or the sending of the written report.

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