Terms &
Conditions

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 standard and insurers requirements, read the information below.

If in agreement, click "I accept" on the online order form. Your order will be sent with confirmation that you have read the agreement and accept the terms and conditions as outlined in this document.

Building Inspection Agreement

TYPE OF PROPOSED INSPECTION ORDERED BY YOU: 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.

A copy of the appropriate Standard with Appendices may be obtained from RAPID Solutions at Your cost by phoning (02) 4954 3655 or by email to support@rapidsolutions.com.au or from Standards Australia.

Upon receipt of the white copy, We will carry out the inspection and report ordered by You in accordance with this agreement and You agree to pay for the inspection.

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. 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. 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. 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
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.
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.

LIMITATIONS

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 of reasonable entry and access.
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.
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.
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.
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.
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.
12. If Timber Pest Damage is found then it will be reported. The inspector will only report on the damage which is visible.
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 of sealing or of removal.
14. MOULD (MILDEW) AND NON-WOOD DECAY FUNGI DISCLAIMER: No inspection or report will be made for Mould (Mildew) and non-wood decay fungi.
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.
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
         iv. any other work carried out to the property including Timber Pest treatments
         v. 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 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 an independent mediator. The cost shall be met equally by both parties or as agreed as part of the mediation 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.
24. THIRD PARTY DISCLAIMER:
    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 Inspection Report provided pursuant to this agreement by that Person for any purpose or in any way, including the use of this 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. The only Person to whom We may be liable and to whom losses arising in contract or tort sustained may be payable by Us is the Client named on the face page of this Agreement.
    
    Note: In the ACT under the Civil Law (Sale of Residential Property) Act 2003 and Civil Law (Sale of Residential Property) Regulations 2004 the report resulting from this inspection may be passed to the purchaser as part of the sale process providing it is carried out not more than three months prior to listing and is not more than six months old.
25. Prohibition on the Provision or Sale of the Report
    The Report may not be sold or provided to any other Person without Our express written permission, unless the Client is authorised to do so by Legislation. If We give our permission it may be subject to conditions such as payment of a further fee by the other Person and agreement from the other Person to comply with this clause. However, We may sell the Report to any other Person although there is no obligation for Us to do so.
26. Release
    You release Us from any and all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of whatever nature that the Person may have at any time hereafter arising from the unauthorised provision or sale of the Report by You to a Person without Our express written permission.
27. 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.

DEFINITIONS

Access Table from AS 4349.1-2007

Area	Access hole	Crawl space	Height
Roof interior	400mm x 500mm	600mm x 600mm	Accessible from a 3.6m ladder
Roof Exterior	—	—	Accessible from a 3.6m ladder placed on the ground

Table Notes:

1. Reasonable access does not include cutting access holes or removing screws and bolts or any other fastenings or sealants to access covers.
2. Subfloor areas sprayed with Chemicals should not be inspected unless it is safe to do so.

---

Timber Pest Inspection Agreement

AS4349.3-2010 Pre-Purchase Timber Pest Inspection

To avoid misunderstanding regarding the inspection type and report scope, clients should immediately read, sign and return this agreement. If clients fail to return the copy and do not cancel the inspection, this document forms the agreement between the parties. The company will carry out the inspection and report as ordered by the Client per this agreement, and clients agree to pay for the inspection and report prior to report delivery.

In ordering the inspection, clients agree that the inspection will be carried out per the following clauses, which define the scope and limitations of the inspection and the report.

INSPECTION

1. For Pre-purchase Timber Pest Inspections and all Timber Pest Inspections, the inspection will accord with Australian Standard AS 4349.3-2010 Inspection of buildings Part 3: Timber pest inspections. The purpose is to provide advice about property condition concerning timber pest activity as outlined in this Agreement's Scope.
2. For Termite Inspections, the inspection will accord with AS 3660.2-2000 Termite management Part 2: In and around existing buildings and structures.
3. Copies of these Australian Standards may be obtained from RAPID Solutions at client cost by phoning (02) 4954 3655 or from Standards Australia.
4. Termite Inspections are not recommended for pre-purchase inspections. AS 3660.2-2000 states this and says AS 4349.3-2010 should be used. However, if clients request only a Pre purchase Termite Inspection, the inspection will accord with AS 3660.2-2000 and not AS4349.3-2010.
5. All inspections (whether per AS 4349.3-2010 or AS 3660.2-2000) will be non-invasive visual inspection limited to property areas and sections where Reasonable Access is both available and permitted on the inspection date and time.
6. The inspector may use a probe or screwdriver to tap and sound some timbers and may use a sharp knife to carry out 'splinter testing' on structural timbers in the sub-floor and/or roof void. Splinter testing will not be carried out where the inspection is for a purchaser client and not the property owner. The inspector may use a moisture meter to check moisture levels in walls backing onto wet areas such as showers etc. Except in these areas, the moisture meter will not be used on other surfaces unless the visual inspection indicates possible need to further test the area.
7. The inspection will not involve invasive inspection including cutting, breaking apart, dismantling, removing or moving objects including 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.
8. The inspector cannot see or inspect inside walls, between floors, inside skillion roofing, inside eaves, behind stored goods in cupboards, in other concealed or obstructed areas. Roof void insulation may conceal ceiling timbers and make inspection unsafe. The inspector will not dig, gouge, force or perform invasive procedures. An invasive inspection will not be performed unless a separate contract is entered into.
9. For occupied properties, clients should be aware that furnishings or household items may conceal evidence of Timber Pests, only revealed when items are moved or removed. In some cases concealment may be deliberate. If clients are purchasers and not the property owner, they should obtain a statement from the owner regarding any timber pest activity or damage known to them and what treatments, if any, have been carried out. It is important to obtain copies of any paperwork issued and details of any repairs carried out. Ideally, information obtained should be given to the inspector prior to inspection being conducted.

SCOPE OF THE INSPECTION & REPORT

10. For Pre-purchase Timber Pest Inspections or Timber Pest Inspections per AS 4349.3-2010, the inspection and resulting report will be confined to reporting on discovery, or non-discovery, of infestation and/or damage caused by subterranean and dampwood termites (white ants), borers of seasoned timber and wood decay fungi (rot), present on the inspection date and time.
11. For all Termite Inspections per AS 3660.2-2000, the inspection and resulting report will be confined to reporting on discovery, or non-discovery, of infestation and/or damage caused by subterranean and dampwood termites (white ants) present on the inspection date and time. Borers of seasoned timber will not be reported on. Wood decay fungi (rot) will not be reported on but may be reported as a conducive condition for termite activity.
12. In both cases, the inspection will not cover any other pests and the report will not comment on them. Dry wood termites (Family: KALOTERMITIDAE) and European House Borer (Hylotrupes bujulus Linnaeus) will be excluded from the inspection.
13. The inspection will report any evidence of a termite treatment happening to be found. Where evidence of treatment is reported, clients should assume the treatment was applied as a curative and not as a preventative. Clients should obtain a statement from the owner regarding any treatments carried out to the property. It is important to obtain copies of any paperwork issued.
14. MOULD: Mildew and non wood decay fungi are commonly known as Mould and is not considered a Timber Pest but may be an indicator of poor ventilation or the presence of termites, wood decay or water leaks. Mould and their spores may cause health problems or allergic reactions such as asthma and dermatitis in some people.

LIMITATIONS

15. Nothing contained in the report will imply that any inaccessible or partly inaccessible area(s) or section(s) of the property are not, or have not been, infested by termites or timber pests. Accordingly the report will not guarantee that infestation and/or damage does not exist in any inaccessible or partly inaccessible areas or sections of the property. Nor can it guarantee that future infestation of Timber Pests will not occur or be found.
16. For occupied properties, clients must be aware that furnishings or household items may conceal evidence of problems, only revealed when items are moved or removed. Where the report indicates the property is occupied, clients agree to:
    
    a.) Obtain a statement from the owner regarding:
         i. Any Timber Pest activity or damage
         ii. Timber repairs or other repairs
         iii. Alterations or other problems known to them
         iv. Any other work carried out to the property including Timber Pest treatments
         v. Obtain copies of paperwork issued and details of all work carried out
    
    b.) Indemnify the Inspector from any loss incurred relating to items listed in clause a.) above where no such statement is obtained.

DETERMINING EXTENT OF DAMAGE

17. The report will not and cannot state the 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, clients 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 clients should arrange for a qualified person such as a Builder, Engineer, or Architect to carry out a structural inspection and determine the full extent of damage and extent of repairs that may be required.
18. If Timber Pest activity and/or damage are found, within the structures or the grounds of the property, 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. Clients agree that neither the company 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

19. In the event of any dispute or claim arising from, or relating to the inspection or the report, clients must notify the company as soon as possible of the dispute or claim by email, fax or mail. Clients must allow the company (which includes persons nominated by it) to visit the property (which visit must occur within 28 days of notification) and give full access so the company may fully investigate the complaint. Clients will be provided with a written response to the dispute or claim within 28 days of the inspection date.
    
    If clients are not satisfied with the response, they must within 21 days of receipt of the written response refer the matter to a Mediator nominated by the company from the Institute of Arbitrators and Mediators of Australia. The Mediator cost will be borne equally by both parties or as agreed as part of the mediated settlement.
    
    Should the dispute or claim not be resolved by mediation, 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 Arbitrator directions, will proceed as follows:
    
         (a) The parties must submit all written submissions and evidence to the Arbitrator within 21 days of the Arbitrator's appointment; and
         (b) The arbitration will be held within 21 days of the Arbitrator receiving the written submissions.
    
    The Arbitrator will make a decision determining the dispute or claim within 21 days of the final day of the arbitration. The Arbitrator may, as part of their determination, determine what costs, if any, each party are to pay and the time by which parties must be paid any settlement or costs.
    
    The Arbitrator's decision 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 payment time, such payment shall be made within 21 days of the order.
    
    In the event clients do not comply with the above Complaints Procedure and commence litigation against the company, they agree to fully indemnify the company against any awards, costs, legal fees and expenses incurred by the company in having the litigation set aside or adjourned to permit the foregoing Complaints Procedure to complete.

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, the Inspection Report may be ordered up to 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, they may rely on the report subject to the terms and conditions of this agreement and the Report itself.

Note: In the ACT under the Civil Law (Sale of Residential Property) Act 2003 and Regulations, the report resulting from this inspection may be passed to the purchaser as part of the sale process providing it is carried out not more than three months prior to listing and is not more than six months old.

DEFINITIONS

UNDERSTANDING

21. If there is anything in this agreement that clients do not understand, then, prior to inspection commencement, they must contact the company by phone or in person and have the company explain and clarify the matter to their satisfaction. Failure to contact the company means clients have read this agreement and do fully understand the contents.
22. Clients agree that in signing this agreement they have read and understand the agreement contents and that the inspection will be carried out per this document. Clients agree to pay for the inspection prior to report delivery.
23. If clients fail to sign and return a copy of this agreement and do not cancel the inspection, they agree that they have read and understand the agreement contents and that the company will carry out the inspection based on this agreement and can rely on this agreement.
24. Note: Additional inspection requirements requested by clients may incur additional expense regarding inspection cost.