ABC Pre-purchase Inspection Agreement

  

Building Consultant’s trading name here

Address, ABN etc here

Special Conditions

This agreement may be varied according to the information contained in the Special Conditions section as follows:   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Price:                    (including GST)

Pre-purchase Inspection Agreement between

Building Consultant’s trading name here            Your name(s) here

ABN our ABN here                                                on behalf of:                            (ABN)
(“we”, “our” or “us” in this agreement)                      (“you” or “your” in this agreement)

Our adress: our address here                                 Your address here
Telephone: our number here                                   Telephone: your number here
Mobile: our mobile number here                              Mobile: your mobile number here

Email: our email address here                                Email: your email address here

You have read and understood the terms of this agreement and agree that the Price is:

$                 (including GST).

TAX INVOICE

Inspection details

Property address:

Inspection date:

Inspection time:

Inspector name:

Weather at inspection time:

 

Real estate agent details (if applicable)

Real estate agent:

Contact person:

Agent mobile:

Agent email:

ABC Members Standard Agreement Conditions

  1. This agreement
    1. This document contains all of the terms of this agreement and anything inconsistent we or you have said or written to each other is excluded. 
    2. This agreement defines the scope of our inspection and limits our liability for any errors or omissions in our work as set out in clause 4(c).
    3. Italicised words in this agreement have special meanings as defined in Schedule 1 or elsewhere in this agreement.
    4. If you do not agree with the terms in this agreement, you must tell us so in sufficient time to allow us to cancel the inspection, otherwise you agree to all of the terms.
    5. If any term of this agreement is in breach of any law, then that term remains part of this agreement but is to be amended only as much as is necessary to comply with that law.
    6. If any part of this agreement conflicts with Australian Standards AS4349.0 or AS4349.1, this agreement takes precedence.
  2. What we will do
    1. We will visually inspect the Building
    2. We will provide the Report, comparing the condition of the Building to others of a similar age and type of construction and listing Major Defects.
    3. We will only inspect Accessible Areas of the Building.
    4. We will not inspect or report on hidden defects.
    5. We are not termite inspectors, pest inspectors, asbestos inspectors, electrical inspectors or plumbing inspectors and the Report will not deal with these or other areas outside of our expertise.
    6. We will not estimate the costs of any rectification work.
  3. What you will do
    1. You will pay us the Price at or before the Inspection Time. Where any inspection is performed before the Price is paid, we will withhold the Report until payment is made and we will not be liable for any consequence of the late delivery of the Report.
    2. You will get authority for us to access the Building for an adequate period at the inspection time and will coordinate access for us.
    3. If you delay us or give us an incorrect instruction you will pay us any extra costs we incur.
    4. If you, or anyone on your behalf, including the real estate agent, instructs us to not report on an Accessible Area we will follow that instruction and will not be liable for failing to report on that Accessible Area in our Report.
    5. You will not provide the Report, or any part of it, to any other person without our written consent.
    6. If you show the Report to another person you will tell them that they must not rely on it.
    7. If you, or anyone on your behalf, including the real estate agent, give us any information about the Building we can use that information in our Report and will not be liable if it is inaccurate.
  4. Breaches of this agreement and limitations on liability
    1. If you fail to pay us the Price at or before the inspection time, or fail to pay any amount due under this agreement, we can charge you interest on the unpaid money at the rate of the NAB Visa Card interest rate.
    2. If you breach any part of this agreement you will reimburse us in full the amount of any loss or damage we suffer as a direct or indirect consequence, including legal costs and debt recovery costs.
    3. If we breach this agreement or are negligent, including omitting to mention a Major Defect or expressing an inaccurate opinion to you, any liability we might have to you for any loss or damage that you suffer is limited to repaying to you the Price.
    4. The person performing the inspection may be our employee or sub contractor. If so, you agree that they have no personal liability for the inspection or the Report.
  5. Dispute resolution
    1. Any dispute arising out of this agreement must be referred for expert determination to the Association of Building Consultants which will appoint an expert for this purpose.
    2. The Expert Determination Rules of the Institute of Arbitrators and Mediators Australia will govern the expert determination except where they conflict with this agreement which takes precedence.
    3. The expert will decide who should pay the costs of the expert determination but initially both you and we must contribute equally until the expert decides.
    4. The expert’s decision is final and binding and cannot be appealed to any court.

 

SCHEDULE 1

  1. Words with special meanings
    1. Major Defect: means a defect severe enough to require rectification in order to avoid unsafe conditions, loss of utility or accelerated deterioration of the Building.
    2. Building Rules: means the applicable rules from the Building Code of Australia and the Development Act 1993 and its Regulations.
    3. Building: means the residence, or other building as set out in the Special Conditions, and does not include any outbuildings, sheds, retaining walls or other structures.
    4. Accessible Area: means any area of the Building we deem can be safely and reasonably accessed:
      1. and extends to include
        1. any roof space with an opening access hole at least 400mmx500mm in size and available space for crawling through the roof space of at least 600mmx600mm and where access does not require the use of a ladder of a length greater than 3600mm
        2. any roof exterior accessible by using a ladder 3600mm long, placed on the ground.
      2. but does not include any other areas of the Building and particularly does not include:
        1. any area that can only be accessed by cutting an access hole, removing screws, nails, bolts, sealants or other fasteners;
        2. any under floor space that has been treated with chemicals;
        3. any area at a height at which safe and reasonable access is not available, or where it is not close enough to be seen directly when safely using a ladder 3600mm long placed on the ground;
        4. any part of the Building that can only be accessed or inspected from land adjacent to the Inspection Address.
    5. Report: means the written report we will provide to you but excludes any verbal comment we make to you prior to or during the inspection.
  2. Important exclusions from the Report
    1. If the Building is part of a multiple dwelling building, such as an apartment block, a strata titled unit, or a community titled dwelling, we will only report on that part of the Building and will not report on any common or community parts of the Building.
    2. We will not report on maintenance issues or defects other than Major Defects.
    3. We will not move any furniture, household items, floor coverings, plants or soil.
    4. We will not cut access holes or remove access covers.
    5. We will not cut, scrape, or destroy anything to inspect or test it.
    6. We will not assess the Building for compliance with any Building Rules, past or present.
    7. We will not make any enquiry of the local Council or any other authority.
    8. We will not test any electrical equipment, appliances, smoke alarms, air conditioning, swimming pool plant, security systems or similar.
    9. We will not inspect, test or report on any of the following:
      1. Footings below ground.
      2. Concealed damp-proof course.
      3. Electrical installations, light switches and fittings, TV, sound and communications,
        intercom systems or security systems.
      4. Concealed plumbing.
      5. Adequacy of roof drainage.
      6. Gas fittings and fixtures.
      7. Airconditioning.
      8. Automatic garage door mechanisms.
      9. The operation of incinerators, fireplaces or heaters, including chimneys and flues.
      10. Floor coverings.
      11. Electrical appliances including hotplates, stoves, dishwashers, ovens, microwave
        ovens or ducted vacuum systems.
      12. Paint coatings, except external protective coatings.
      13. Health hazards (e.g., allergies, soil toxicity, lead content, radon, presence of asbestos or urea formaldehyde).
      14. Timber or metal framing sizes and adequacy.
      15. Concealed tie-downs or bracing.
      16. Timber pest activity.
      17. Mechanical or electrical equipment (such as gates).
      18. Soil conditions.
      19. Control joints.
      20. Sustainable development provisions.
      21. Concealed framing-timbers or any areas concealed by wall linings/sidings or
        cladding.
      22. Landscaping.
      23. Rubbish.
      24. Furniture or accessories.
      25. Stored items.
      26. Insulation.
      27. Environmental matters (e.g., BASIX, water tanks, BCA Environmental Provisions).
      28. Energy efficiency.
      29. Lighting efficiency.