THE AGREEMENT 

1. Definitions

The relevant definitions listed in this Agreement are listed at the end of this Agreement.The Client's

Acknowledgments

Client Acknowledgment

The Client's Acknowledgments

2. The Client acknowledges that this agreement may have been entered into on your behalf by a legal

representative acting on the your behalf or when the Client's Solicitor or Conveyancer has ordered an

inspection report. Where the agreement is entered into on your behalf by a legal representative

such as a Solicitor or Conveyancer, its is assumed that the person entering into this

agreement on your behalf has also read and understood the agreement and has emailed you a

copy of the agreement and fully explained the terms of the Pre Inspection Agreement.

a) The Inspector reserves the right to cancel the inspection and only the deposit, if any, will be reimbursed

to the Client.

b) The Inspector will inspect The Pool Compliance Inspection will report on Swimming Pool Safety

in accordance with the requirements of Swimming Pool Act 1992, Swimming Pools Regulation 2018,

Australian Standard AS1926.1-2012 (Part 1: Safety barriers for swimming pools) and AS1926.2- 2012 (Part

2: Location of safety barriers for swimming pools).

Inspection And Notice:

3.The Written Notice will be prepared on the basis of a visual inspection only and without reference to any

construction plans or any engineering test or other tests relating to the structural integrity of your pool. A

copy of the appropriate Standard with Appendices may be obtained from Standards Australia at your cost.

The Client warrants that they have been given reasonable opportunity to peruse the relevant Australian

Standards.

E. Description of services

The Swimming Pool Inspector will perform all work necessary to comply with relevant statutory

requirements, including:

A. inspecting the swimming pool barrier

B. assessing whether the swimming pool complies with the requirements for the issue of a certificate of

compliance under s.22D of the SP Act.

C. issuing a certificate of compliance to the Client if the swimming pool complies

D. issuing the following if the swimming pool is non-compliant:

* written notice of Non-compliance within 7 days of the date of inspection under section 22E of the SP Act,and

* a certificate of non-compliance within seven days of the date of inspection.

E. providing a copy of the section 22E written notice to the relevant local council:

* immediately where, in the opinion of the Inspector, the pool poses a significant risk to public safety, or

* within five days after the expiry of six weeks from the date of inspection unless a certificate of

compliance is issued beforehand.

F.  if necessary, re-inspecting the swimming pool at swimming pool owners' cost, and issuing certificates

and/or written notices, as appropriate

G. updating the property record on the NSW Swimming Pool Register, as required.

a) The Inspection Written Notice is also limited by the Restrictions on an Inspection, as well as any rights.

held by an Inspector to ensure their own safety and/or any other limitations set out in the terms of this

Agreement.

b) It is implicit that the Inspection Notice is a subjective visual inspection.

c) The Client will not rely on the report for valuation purposes or in their final decision to purchase the

Property.

d) The Inspection Written Notice is for the Client's exclusive use and not to be given to a third party

without the Inspector's written consent.

e) The Scope of Inspection set out in this Agreement is only indicative as the Inspector is restricted by their

ability to access any Area, which is subject to all safety considerations. The Client further acknowledges

that the Inspector cannot breach the same to carry out an inspection.

f) Some Restrictions on an Inspection are foreseeable while others are only known at the time of

inspection.

g) That the Inspector is the only person who can determine, at the time of the inspection, what they are

restricted by during an inspection. h) The Inspector will carry out a visual and non-invasive inspection

limited by access and restrictions.

i) The Inspector is not liable for any Area not inspected due to Restrictions on an Inspection.

j) That any claim for loss is limited to the cost of the inspection.

k) That the Client has read all the terms and has not relied on any representations made by the Inspector

or anyone else before entering this Agreement.

L) That the Client acknowledges acceptance of this Agreement and its terms through performance of this

Agreement by way of payment of the agreed Inspector's fee.

M) The Client will not hold the Inspector liable for any losses suffered on relying on the Inspection Report

considering the acknowledgments above and the terms of this Agreement.

N) That the Client acknowledges acceptance through performance of this Agreement by way of payment of

the agreed Inspector's fee, and confirming that the agreement and terms and conditions have read and

understood by the client and / or as such ticking the appropriate check box when ordering on line.

O) The Client will not hold the Inspector liable for any losses suffered on relying on the Inspection Notice

considering the acknowledgments above and all the terms of this Agreement.

4. No liability shall be accepted on account of failure of the report to identify or notify any problems of a

structural nature relating to the pool or to any part of the pool physically inaccessible for inspection.

5. Structural problems must be identified through, and dealt with by, a builder or the local council.

6. The Written Notice does not replace a Pool Safety Inspection and/or Compliance Certificate as per State

Legislation requirements. A Compliance Certificate may be requested and will be issued where no defects

have been identified.

7. Where Non-compliances are identified, a Re-Inspection must be conducted in accordance with the

legislation to ensure defects are rectified prior to a Compliance Certificate being issued. A Re-Inspection

fee will be incurred. (PHOTOS OF RECTIFIED NON-COMPLIANCES WILL NOT AND CANNOT BE

ACCEPTED AS PROOF OF COMPLIANCE) so please do not request.

8. The Written Notice is provided solely for the use and benefit of the customer named on the front of the

report.

9. No liability or responsibility whatsoever lies to any Third Party who may rely on the report.

10. The notice may not be sold or provided to any other person without our express written permission,

unless the customer 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.

Inspector's Fee

11. The Client will pay to the Inspector the sum as advised by the Inspector for an Inspection and Notice

and Certificate as applicable of the Swimming Pool (detailed above in this Agreement Initial inspection

$395.00 Incl. gst and subsequent inspections at $295.00 incl. gst) and the final notice and certificate

issuance is subject to this acknowledgments, terms and recitals within this Agreement.

The fees must be paid to the Inspector or Firm before the Inspector carries out the work described And NO

Certificates or Notices will be issued until receipt of full payment. If access is denied or unable to be

obtained on the day of inspection for whatever reason the inspection fees will be due and payable by the

client.

Limitations And Exclusions

12. 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 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 subject to another pre-inspection

agreement on the same terms herein.

13. 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.

14. Any stored or scattered goods, stored items including boxes, parked cars and bikes, boats, trailers,

foliage, plants, vines, stored fire wood and timbers, trees and vines clinging to external surfaces of the

swimming pool including the fence and gates, will hinder the inspection process.

Warranties and quality

15. The Inspector warrants that they will do everything reasonable to inspect the above Areas thoroughlyand responsibly subject to the requirements of the AS Standard and any foreseeable or unforeseeable

restrictions.

16. The Client warrants that they will not hold the Inspector liable for any Area that the Inspector could not

reasonably inspect due access and restrictions on an inspection.

17. The Client warrants that they will not rely on this report after a period of 7 days as this is a visual

inspection condition may change between the day of inspection and the day of any defect being apparent

such as, but not limited to, different weather conditions, removal of furniture, damage done by occupants,

settling of the land, extreme weather damages or anything that could cause the visual effect of a defect to

become known.

Indemnity

18. The Client indemnifies the Inspector:

a) Against any third party losses or claims for use of the Inspection and Notices.

b) 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.

c) Against any Safety issue that was not evident by visual assessment at the time of the inspection.

Dispute resolution

COMPLAINTS PROCEDURE

19. 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.

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 party disclaimer

20. The Report will be made solely for the use and benefit of the Client. No liability or responsibility

whatsoever, in contract or tort, is accepted to any third party who may rely on the report wholly or in part.

Any third parties acting or relying on the report, in whole or in part will do so at their own risk.

Default and Termination21. The Inspector reserves the exclusive right to terminate this Pre-Inspection Agreement on 1 days' notice

due to weather constraints, non-payment of the Inspector's Fee or any other safety concern. Only the

Inspector may terminate the Agreement.

22. If the Inspector's fee is refunded for any reason whatsoever then the Inspection Report provided (if

any) will be deemed invalid and annulled.

Severability

23. Any term within this Agreement that is deemed invalid in any jurisdiction is only invalid to the extent

specified by the jurisdiction in that specific jurisdiction. It does not invalidate any other term of this

Agreement. Furthermore if a term or terms are found to be invalid and thereby severed from this

Agreement the Agreement and its surviving terms are not invalidated.

Bar on claims

24. The Client is barred from making a claim against the Inspector by virtue of the Client's

Acknowledgements. The Client acknowledges that the Inspector may use this clause as a bar to any claim

or action taken or commenced by the Client in breach of this clause or another term of this Agreement.

The Client indemnifies the Inspector from costs (including legal fees) incurred by the Inspector caused by

or associated with the Client's breach of this clause.Acknowledgement

25. You agree to contact the Inspector once You have read the report. ?

By agreeing to this pre inspection agreement you confirm that You will read this Inspection Report or

Notice in its entirety prior to the purchase of property, Text, SMS or email the Inspector if you have any

further questions about this report.

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 Swimming Pool Compliance Inspection

1. Pool Compliance Inspection and the contents of the Notice with which We will provide You following the

inspection.

2. Barrier means the assembly of components, natural or otherwise, that restricts access to the pool.

3. Pool area means the area that contains the pool and is enclosed by a barrier.

4. Written Notice means the report issued to You by Us following Our inspection of the pool.

5. Swimming Pool Compliance Certificate means the certificate issued once a swimming pool is deemed compliant.

7. Swimming Pool (referred to as 'Pool') means any structure containing water to a depth greater than

300mm and used primarily for swimming, wading, paddling or the like, including a bathing or wading

pool or spa pool.

8. Our/Us/We means The Inspector and or Inspection firm conducting the inspection as ordered by You.

9. You/Your means the party identified on the order as the Client, and where more than one party, all

such parties jointly and severally,together with any agent of that party.

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