Terms and Conditions

REPORT TERMS, CONDITIONS, SCOPE and LIMITATIONS

The following information is very important and forms an integral part of the report.

Any person who relies upon the contents of the report does so acknowledging the following clauses. These define the Scope and Limitations of the inspection and form an integral part of the report. Before you decide to act upon the report you should read and understand all of the information contained herein. It will help explain what is involved in a Pool Safe inspection, the difficulties faced by an inspector and why it is not possible to guarantee that a property is free of safety hazards or defects, latent or otherwise. If there is anything contained within the report that is not clear or you have difficulty understanding, please contact Pool Safe prior to acting on the report.

Purpose of the Inspection and Report: The purpose of a Pool Inspection (the Inspection) is to identify issues in a residential pool and to provide recommendations to the Report Purchaser in a Pool Report (the Report) regarding the condition of the pool and it’s equipment on the date of inspection.

Scope of the Inspection: THE REPORT IS NOT AN ALL ENCOMPASSING REPORT dealing with the pool from every aspect. The recommendations are limited to pool related issues where there are reasonably foreseeable risks that could result repair, replacement or renewal. The Report is prepared on the basis that the use of the pool will continue as a residential pool and IS NOT suitable for Workplace Health and Safety purposes.

The Inspection comprises a visual assessment of the pool to identify the condition at the time of inspection. The inspector IS NOT an expert in building, electrical, plumbing, glazing, gas fitting, structural engineering or pest detection.

Liability: The Report is to be utilised for the purposes outlined above only. The findings are specifically and confidentially for the Report Purchaser named on the face page of the Report to evaluate the risk level and need for action and not for determination of the property sale value, mortgage or security valuation or lease rate. To the extent permitted by law, we are not responsible for any liability, loss or damage (whether direct, indirect, special or consequential) whatsoever and however arising from or in connection with your use of the Report, whether that liability, loss or damage was caused by delay, error or omission, negligence, negligent misstatement or otherwise. We will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any person other than the Report Purchaser in connection with the use of the Report

Disclosure to Managing Agent: When a report has been ordered by a landlord or an agency via the Maintenance Manager platform the managing agent will be advised of any issues identified as Major on the report. The landlord also has the option to advise the managing agent to action any or all remaining issues or observations contained in the report.

Safe & Reasonable Access: Only areas to which safe and reasonable access is available are inspected. Safe access means areas where safe, unobstructed access is provided and the minimum heights or clearances specified below are available, or where these clearances are not available, areas within the inspector’s unobstructed line of sight and within arm’s length. The inspector has sole discretion in determining safe access to any area of the property.

Reasonable access does not include removing screws and bolts to access covers, the use of destructive or invasive inspection methods nor does it include moving heavy furniture, floor coverings or stored goods.

Areas, Items and Conditions Inspected

The Report DOES include inspecting and reporting on the following:

Area/s inspected: The inspection is limited to the area immediately surrounding the pool and its fencing.

Item/s inspected: The inspection will incorporate the actual pool, its fencing, gate(s), pool related equipment such as pump, filter, chlorinator, timer, cover, heating equipment, pool surrounds including gardens, placement of furniture, pots & leakage rates.

Conditions inspected for: Slip, trip and fall hazards, water temperature, leakage rates, mould, and any obvious* dangerous building, electrical, plumbing, vermin or pest infestation, the presence of power points within the splash zones.

*Obvious: items clearly visible to a reasonable person that is NOT an expert in building, electrical, plumbing, glazing, gas fitting, structural engineering or pest detection.

The Report DOES NOT include inspecting and reporting on the following:

Area/s NOT inspected: Roof surface and void, sub-floor, crawl spaces, any item outside of the immediate pool area.

Item/s NOT inspected: Ceiling insulation, house wiring, water and gas pipework, portable electrical equipment, furniture, storage, water features, cameras and alarms.

Condition/s NOT inspected for: Presence of asbestos, lead paint, soil contamination or toxic conditions including chemical storage, subfloor ventilation, health of trees, home occupier activity, lighting adequacy or night time visibility with regard to safety or security, the presence of power points within the splash zone of flexible hand held shower units. We do not inspect, test or operate any appliance or fitting other than those explicitly stated as part of the Inspection.

Limitations of the Inspection and the Report

1. The Report is a VISUAL REPORT ONLY limited to those areas and sections of the property fully accessible and visible to the inspector on the date of inspection. No destructive measures are taken in the process of the Inspection. The Inspection does not include breaking apart, dismantling, removing or moving objects including, but not limited to, foliage, mouldings, floor or wall coverings, sidings, floors, furnishings, appliances or personal possessions. The Inspector CANNOT see inside walls, between floors, inside roofing or eaves, behind stored goods in cupboards, or other areas that are concealed or obstructed. The inspector does not dig, gouge, force or perform any invasive procedures. In an occupied property it must be understood that furnishings or household items may conceal defects which may only be revealed when the items are removed. No inspection is inferred for any object, structure or fitting that cannot be clearly observed from ground level.

2. Nothing contained in the Report implies that any inaccessible, partly inaccessible or obscured area of the property is free from defects. No responsibility can be accepted for defects which are latent or otherwise not reasonably detected on a visual inspection without interference with or removal of any of the structure including fixtures or fittings within the building. You agree that we cannot accept any liability for our failure to report a defect concealed, blocked or covered by furniture, fittings and/or occupant possessions at the time of inspection and you agree to indemnify us for any failure to find such concealed defects.

3. Balcony, deck and verandah inspections are limited by the scope of the standard Report. We are not and do not purport to be experts in the field of construction and structural engineering. Where there are any concerns about balcony, deck or verandah constructions, it is highly recommended that they are inspected by a structural engineer to verify integrity, design and compliance.

4. The standard Report includes inspection for the presence/absence of safety glass in high risk slip, trip and fall situations although we are not and do not purport to be experts in this field. It is highly recommended that all glass situated in high risk situations be inspected by a qualified glazier.

5. The Report cannot make informed comment upon hazards or defects that may be subject to the prevailing weather and light conditions including but not limited to the adequacy of lighting, the potential for slipping on wet exterior surfaces or sources of leakage and moisture.

6. The Inspection does not look for or report on Timber Pest Activity unless an AS4349.3-2010 Timber Pest Inspection is specifically ordered and noted on the front page of the Report.

7. The Inspection is not a Building Inspection and does not look for general building issues. If required or recommended, you should order an AS 4349.1-2007 Building Inspection by a qualified, licensed and insured Building Inspector.

8. The Inspection is not a Bushfire Hazard assessment. If the property is in a Bushfire Zone you should have an inspection carried out in accordance with AS 3959 for buildings in Bushfire Prone Areas.

9. The Report is not a compliance report for building regulations such as the National Construction Code, Building Code of Australia, State or local regulations. The property is taken to have complied with all applicable building codes and regulations at the time of construction and to have maintained compliance with any subsequent modification or addition. You agree that we cannot accept any liability for any non-compliance of the building to all applicable building regulations at the time of inspection.

10. ASBESTOS: The property is not inspected for asbestos (including Magnesite). If asbestos or materials containing asbestos happens to be noticed then this may be noted in the Inspectors Notes.

11. LEAD PAINTS: No attempt is made to ascertain whether lead paints are present. Investigation requires the paint to be disturbed whereby special precautions are needed. Advice should be sought from an Asbestos expert if an assessment is required.

12. If the Report recommends another type of inspection or investigation then you should do this within a reasonable time period based on the severity of the item raised. If you fail to follow our recommendations then you agree and accept that you may face penalties or suffer a financial loss and indemnify us against all losses that you incur resulting from your failure to act on our advice.

13. Any quoting information, measurements and images provided in the Report are provided as an aid only to determine the possible costs of rectification and are not purported to be the sole information source required to determine costs. We accept no liability for any estimates based on information provided in the Report.

14. Any recommendations for specific trades, skills or qualifications in the Report are provided as an aid only to enable further investigation or repair arrangements to be made and are not purported to be the sole or necessary trades, skills or qualifications required to effect repairs. We accept no liability for any services provided by third parties based on information provided in the Report.

15. Consumer Complaint Procedure: Email to [email protected]

16. Reports denoted as Sample or Promotional on the cover page or within the document body are for illustration purposes only. These reports may not be fully representative of the standard Inspection or Report process and are provided without warranty. Such reports must not be relied upon for any particular purpose and we accept no liability for their content or accuracy.