Timber Pest Inspection Agreement:
In ordering a timber pest 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 4349.3-2010
Inspection of buildings Part 3: Timber pest inspections. The purpose
of the inspection is to provide advice about the condition of the property
concerning timber pest activity as outlined in the Scope of this Agreement.
- In the case of Termite Inspections
the inspection will be carried out in accord with AS 3660.2-2000 Termite
management Part 2: In and around existing buildings and structures.
- A copy of these Australian
Standards may be obtained from RAPID Solutions at Your cost by phoning
(02) 4954 3655 or from Standards Australia.
- Termite Inspections are not
recommended for pre-purchase inspections. AS 3660.2-2000 states this
and says that the standard that should be used is AS 4349.3- 2010. However,
if You request only a Pre-purchase Termite Inspection then the inspection
will be in accord with AS 3660.2-2000 and not AS 4349.3-2010.
- All inspections (whether in
accord with AS 4349.3-2010 or AS 3660.2-2000) 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.
SCOPE OF THE INSPECTION & REPORT
- In the case of Pre-purchase
Timber Pest Inspections or Timber Pest Inspections in accord with AS
4349.3- 2010 the Inspection and resulting Report will be confined to
reporting on the 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 date and
time of the Inspection.
- In the case of all Termite
Inspections in accord with AS 3660.2-2000 inspections the Inspection
and resulting Report will be confined to reporting on the discovery,
or non discovery, of infestation and/or damage caused by subterranean
and dampwood termites (white ants) present on the date and time of the
Inspection. 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.
- 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.
- The inspection will report
any evidence of a termite treatment that happens to be found. Where
evidence of a treatment is reported then the Client should assume that
the treatment was applied as a curative and not as a preventative. You
should obtain a statement from the owner as to any treatments that have
been carried out to the property. It is important to obtain copies of
any paperwork issued.
- 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
- 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 an 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.
- 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.
DETERMINING EXTENT OF
DAMAGE
- 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, 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,
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.
Should
the dispute or claim not be resolved by mediation then 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 directions of the
Arbitrator, will proceed in the following manner:
The Arbitrator
will make a decision determining the dispute or claim within twenty
one (21) of the final day of the arbitration. The Arbitrator may, as
part of his determination, determine what costs, if any, each of the
parties are to pay and the time by which the parties must be paid any
settlement or costs.
The decision
of the Arbitrator 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 time for payment then such payment shall be
made within twenty one (21) days of the order.
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.
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 then the Inspection Report may be ordered up to seven (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 then 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
- 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 live timber pests were sighted during the inspection.
Client means
the person(s) who requests the report. 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
that no active (see definition above) timber pests were detected 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, fences etc up to thirty (30) 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 thirty (30) metres from the exterior walls of the main building
be inspected no such inspection will be carried out.
Reasonable Access
means only areas to which reasonable access is available are inspected.
The Australian Standard AS 3660 refers to AS 4349.3-2010 which defines
reasonable access. Access will not be available where there are
safety concerns, or obstructions, or the space available is less than
the following:
Roof Void -
the dimensions of the access hole should be at least 500mm x 400mm,
and, reachable by 3.6 M ladder, and, there is at least 600mm x 600mm
of space to crawl;
Subfloor -
Access is normally not available where dimensions are less than
500mm x 400mm for the access hole and less than 400mm of crawl space
beneath the lowest bearer, or, less than 500mm beneath the lowest part
of any concrete floor;
The inspector shall determine whether
sufficient space is available to allow safe access to confined areas.
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 heavy furniture or stored goods.
Termites means subterranean
and dampwood termites (white ants) and does not include Dry wood termites.
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.
UNDERSTANDING
- If there is anything in this
agreement that You do not understand then, prior to the commencement
of the inspection, You must contact Us by phone or in person and have
Us explain and clarify the matter to Your satisfaction. Your failure
to contact Us means that You have read this agreement and do fully understand
the contents.
- You agree that in in clicking 'Tick this box to confirm your agreement' on this web site You have read and understand the contents of this agreement
and 'that the inspection will be carried out in accordance with this
document. You agree to pay for the inspection on delivery of the report.
- Note:
Additional inspection requirements requested by You may incur additional
expense in regard to the cost of the inspection.