General Terms and Conditions
These are applicable across all inspections.
- DISCLAIMER OF LIABILITY TO 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.
IF the Report is a pre-purchase Report under AS4349.1 or AS4349.3 (ONLY), and is ordered by a Real Estate Agent or a Seller for the purpose of auctioning, set date sale or private treaty of a property, then the Inspection Report may be ordered up to thirty (30) days prior to the auction, set date sale or listing, copies may be given out prior to the auction/sale and the Report will have a life of sixty (60) days for AS4349.1 (or thirty (30) days for AS 4349.3) from the date of Inspection, during which time it may be transferred to the Buyer. Providing the Buyer 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. On confirmation of an unconditional offer and supply of the Buyer’s details from the Agent, a formal Transfer of Report notice will be sent to the Buyer.
- 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.
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.
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.
- IF A COMPLAINT OR DISPUTE SHOULD ARISE
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 Resolution Institute. 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.
- We reserve the right to perform no further work for You until all outstanding accounts are paid in full.
- We reserve the right to charge interest on all overdue amounts at the rate of 12% per annum and shall be calculated daily on a compounding basis.
- You agree to pay any debt collection costs, recovery costs or legal expenses (on a full indemnity basis) that We incur in taking action to collect any outstanding amount after it becomes due and payable.
14. UNDERSTANDING AND ACCEPTANCE
- 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 and accept the contents.
- By paying Our invoice You understand and accept the contents of this Agreement and that the inspection will be carried out in accordance with this document.
- You agree that You have read and understand the contents of this Agreement and that We will carry out the inspection on the basis of this Agreement and that We can rely on this Agreement.
- If You have any special or specific inspection requirements or conditions You need to advise Us in writing and receive Our confirmation in writing prior to paying Our invoice as additional charges may apply.
Inspecting Company Details
Home Integrity, Home Base Business Centre, 55 Salvado Rd, Subiaco.