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Terms and Conditions of the Contract and the Inspection
The making of a booking by you represents your acceptance of these conditions, which you have had the opportunity to read on ResCheck’s website, via an email or otherwise being made available to you. You agree that if you do not accept these conditions, you have an opportunity to cancel the inspection prior to a consultant travelling to the property.
A cancellation fee of $100 applies if you cancel the inspection after the consultant has commenced the inspection. The inspection is deemed to have commenced when a consultant has commenced travelling to the property
DEFINITIONS
In the Report, the following definitions apply:
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a. |
Reasonable Access means areas where safe, unobstructed access is provided and the minimum clearances specified in AS4349.1-1995 are available; or where these clearances are not available, areas within the consultant’s unobstructed line of sight; |
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b. |
‘N’ means not accessible |
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c. |
 or Minor Fault means a matter which, in view of the age, type or condition of the residential building, does not require substantial repairs or urgent attention or rectification; |
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d. |
or Major Fault means a fault which seriously affects the structural integrity of the property or requires substantial repairs or urgent attention or rectification; |
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e. |
 or Tick against an item means that there is no fault or no visible fault; |
REPORT STANDARD
The Report is prepared in accordance with Australian Standard 4349.1-1995 Inspection of Buildings Part 1 Property Inspections – Residential Buildings and other relevant standards.
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1. |
The Report represents an opinion based on: |
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a. a limited, rather than exhaustive, inspection of the property;
b. the prevailing condition of the property;
c. the prevailing structural, soil and weather conditions at the time of the inspection; and
d. a visual inspection of reasonably accessible parts of the property, and is not guaranteed to discover or report on all property faults. |
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2. |
The Report does not cover or disclose: |
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a. enquiries of councils or other authorities;
b. defects in inaccessible areas;
c. defects not apparent in other weather conditions;
d. defects which have not yet arisen;
e. latent defects;
f. pest infestation (a separate pest inspection is recommended);
g. identification of toxic mould or asbestos related products;
h. the operation or safety of swimming pools, spas, pool equipment, pump equipment or similar facilities;
i. all maintenance items, including jamming doors, windows or catches, decorative finishes, hairline or slight cracks (per category 0 & 1, Appx C, AS2870-1996);
j. a full assessment or testing of plumbing or electrical services or appliances including ovens, dishwashers, heating, air-conditioning or intercom;
k. services which are not connected at the time of inspection (eg power, water). |
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3. |
An estimate of repairs may be given in good faith based on existing knowledge of the property and the inspection, but you may not rely on the estimate and ResCheck has no liability whatsoever to you if the estimate is inaccurate. You should obtain a proper quotation for any work to be carried out on the property. ResCheck has no liability for work carried out by contractors who may be recommended by ResCheck. |
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4. |
If you require ResCheck to inspect any part of the property not accessible on the original inspection, an additional fee of $100 is payable. |
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5. |
Copyright in the Report vests exclusively in ResCheck. ResCheck may sell or provide the Report to third parties. |
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6. |
ResCheck’s liability to you (whether in tort, contract, under statute or otherwise) in relation to all matters arising out of the Report or the inspection shall be limited in all cases to a refund of the fee paid by you to ResCheck for the Report. |
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7. |
If any dispute arises in relation to the Report or the inspection, you must, prior to commencing any litigation, notify ResCheck of the dispute and allow a 28 day period to enable the dispute to be resolved by negotiation. If the dispute remains unresolved after 28 days, you agree to submit the dispute to mediation, with the mediator, in default of agreement, being appointed by the chairman of the Institute of Arbitrators & Mediators Australia. The costs of mediation must be shared equally. If the dispute is not resolved within 28 days of a mediator being appointed, you may pursue litigation. |
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8. |
You may not rely on any oral report of a ResCheck consultant and the Report supersedes any prior or later oral communication of a consultant. |
© THIS FORM IS COPYRIGHT RESCHECK PTY LTD JULY 2007. UNAUTHORISED USE PROHIBITED
Click here to download a PDF of these Terms & Conditions. To view this file you will need to have a copy of Acrobat Reader, go here to download a free copy.
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