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Nightingale Property Inspections Terms & Conditions

(Last updated 7th July 2020)

To ensure you are fully informed of the inspection procedure, the terms of service and the report inclusions and exclusions please read all the information provided here before proceeding.

1. Our work in accordance with the Australian Standards:

1.1 Nightingale Property Inspections guarantees that each property inspection is carried out in strict accordance with Australian Standards for Building and Termite Inspections. This ensures that the most diligent and professional inspection is completed and that you receive a quality inspection report. 

1.2 These inspections will be carried out in compliance with: 

  • AS 4349.0-2007 (Inspection of buildings – General requirements)
  • AS4349.1-2007 (Inspection of buildings Pre-purchase inspections – Residential buildings)
  • AS 4349.3-2010 (Inspection of Buildings – Timber pest inspections)
  • For strata units or properties, the inspection will be in compliance with Appendix B of AS4349.1-2007. 

Carrying out our inspections under the guidelines of these Standards means that our work is fully insured. That’s peace of mind for all parties.

A copy of the appropriate Standards with Appendices may be obtained from SAI Global at your cost: https://infostore.saiglobal.com

2. Payment of our services and delivery of your report(s) to you and your agent(s):

You (the client) agree to pay the total fee stated in your quote or invoice, as per the payment terms below: 

2.1 Our terms of payment and delivery of reports are:

  • Pre-Purchase Building Inspections, Pre-Purchase Timber Pest Inspections, Annual Timber Pest Inspections, Special Purpose Reports: our services are to be paid for on or before the day after your scheduled inspection. We will issue you with an invoice once your inspection appointment is booked, and this can be paid anytime from issue. Reports will be made available by 6pm the day after your inspection is completed unless another timeframe is agreed to by us, and provided payment has been made.
  • Final Inspections: Our services are to be paid for on or before the day of your scheduled inspection. We will issue you with an invoice once your inspection appointment is booked, and this can be paid anytime from issue. Your report will be made available the same day as your inspection unless another timeframe is agreed to by us, and provided payment has been made.
  • Tax Depreciation Schedules: payment is due on or before delivery of your completed schedule. We will issue you with an invoice once your site survey has been booked and this can be paid anytime from issue. Schedules are ready within 2 weeks of having all the information we need from you and after completing the site survey and are available to download provided payment has been made. 

2.2 Payment is accepted by all credit cards and by direct bank transfer – all details are provided on your invoice. 

2.3 Please note credit card payments may attract a 1.75% card merchant processing surcharge. 

2.4 Pre-purchase building and timber pest inspection reports will also be forwarded to the listing / buying real estate agent(s) (these are generally the agent(s) you’re dealing with for the property) on completion of the report(s). Real estate offices representing a Vendor or a Buyer require a copy of the report(s) for their records, and this is also so they can assist you in understanding the process for negotiation on report findings if required. If you do not want us to follow this process please inform us prior to the completion of your inspections. 

2.5 If you require us to forward a copy of your report(s) for any of our inspection services to any of your other acting agents (settlement agent, solicitor, finance advisor, bank, builder) we are happy to do so, simply let us know their contact details including email address. 

3. Cancellation of Inspections: 

3.1 Building inspections are usually urgent and time-sensitive work – to meet property settlement or property management deadlines. A late-cancelled appointment cannot usually be back-filled by us as our clients will have nearly always booked elsewhere if we originally couldn’t fit them in. This means we miss out on valuable business if an appointment is cancelled without some notice. 

3.2 If cancellation is made of the scheduled inspection prior to the inspection start time, including cancellations made by you, by the property owner, by the property occupier, or by any acting agent on behalf of you or the property owner/occupier the following policy applies:

  • Cancellations made up to 48 hours prior to the scheduled inspection start time will not incur any fees. A full refund will be issued if payment has already been made, minus any credit card fees incurred at the time of payment. 
  • Cancellations made between 48 hours and 24 hours prior to the scheduled inspection start time will be charged a 15% cancellation fee of the total quoted fee.
  • Cancellations made within 24 hours of the scheduled inspection start time will be charged a 50% cancellation fee of the total quoted fee.
  • The invoice for a cancellation fee will be made available at the time of cancellation with payment due within 7 days.
  • The above cancellation fees will be waived if you re-book our services on the same or a different property within 30 days.

3.3 If cancellation is made after the scheduled inspection start time, at any stage before or after report(s) being made available, including cancellations made by you, by the property owner, by the property occupier, or by any acting agent on behalf of you or the property owner/occupier the following policy applies: 

  • A 100% cancellation fee will be charged (full amount is still due, as per your quote or invoice). 
  • This fee is not waived on re-booking our services.

3.4 A refund of fees, either in full or in portion, is not possible for any areas of the property that cannot be reasonably inspected at the time of the scheduled inspection. See more on ‘Limitations and Reasonable Access’ in section 5 below.

4. Our Inspectors:

4.1 Nightingale Property Inspections will arrange for an accredited and fully insured building and/or timber pest inspector to attend the property, complete the inspection(s) ordered by you and prepare the report(s).

4.2 We invite you to contact us via the email address or phone number shown on the front page of the report(s) once you have read your report(s) so that we can answer any questions you have or further clarify any areas of the report(s) that you still don’t understand. 

4.3 The inspector can only advise on items within their area of expertise, in the report(s) and verbally. Any unexplained areas you agree to research yourself prior to making any further decisions about the property. 

5. Limitations and Reasonable Access Explained:

5.1 All inspections will be a non-invasive visual inspection and will be limited to those areas and sections of the property to which Reasonable Access (defined in point 5.6 below) is both available and permitted on the date and time of Inspection. We will advise you of any areas we were unable to inspect if Reasonable Access was not possible at the time of the inspection or without using invasive inspection methods, and we will advise you to seek permission from the current property owner to carry out additional inspections of these areas with their permission and/or using invasive options and/or removal of obstructions where necessary. 

5.2 The inspection WILL NOT involve any invasive inspection including cutting, removing locks, 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.

5.3 We DO NOT & WILL NOT inspect inside of locked rooms / cupboards where keys are not provided by the current property owner at the time of the inspection, inside of walls, between floors, under fixed floor coverings, inside flat roofing, inside any eave areas, behind any stored goods in cupboards, behind heavy furnishings and other areas that are obstructed during our inspection.

5.4 When a property is occupied you understand that furnishings and other belongings may conceal evidence of other issues which can only be discovered if and when these items are moved or removed and or after the property has been vacated, and therefore may not be observed by the inspector at the time of the inspection.

5.5 Deliberate concealment of defects, damage or safety hazards can occur at any time by the occupants, owners or agents of a property, resulting in these items not being observed at the time of the inspection.

5.6 The extent of accessible areas shall be determined by the inspector at the time of inspection, based on the conditions encountered at the time of inspection. If the inspector deems any space to be inaccessible or unsafe at the time of the inspection, or the access to any space is blocked or obstructed, or the access to a space does not meet the minimum requirements below, then the inspector cannot guarantee that all issues/defects/damage/maintenance/hazards that may be present in that space will be identified during an inspection. 

5.7 Safe and sufficient access to a space is set out within the Australian Standards for building inspections (AS4349.1-2007) as per below:

  • Roof Space – must have an access panel (manhole) of at least 400x500mm and a crawl space of at least 600x600mm. This space must be accessible from a 3.6m high ladder off a level platform.
  • Roof Exterior – must be accessible from a 3.6m high ladder off a level platform. 
  • Sub-floor space – must have an access panel of at least 400x500mm and a crawl space of at least 500x500mm.

5.8 Our inspector shall maintain his/her personal safety at all times and will not access any areas where personal safety may be compromised. Personal safety is the responsibility of and is determined by the inspector at the time of the inspection.

5.9 Before we inspect inside the roof space during a residential property inspection (when accessible) we will switch OFF the mains power to the building, as required by law in Western Australia (for more information see THIS LINK). The power must remain switched off while our inspector is inside the roof. To ensure our inspector’s safety he will be responsible for switching the power off and then on again. The switching cannot be performed by another person present during the inspection. If permission is not granted by the homeowner to switch power OFF during the roof inspection then we will not perform an inspection inside the roof as we will be breaking the law.

5.10 Insulation in the roof void may conceal the ceiling timbers and make an inspection of the area unsafe.

5.11 If sub-floor areas appear to have been recently sprayed with any chemical treatments (pest or weed management or other) these areas will not be inspected unless it is safe. 

5.12 Further limitations to our inspections and areas that we report on are: any stored or scattered goods, stored boxes, parked cars, bikes, boats, trailers, A/C units and their ducting and any external covering foliage, plants, vines, stored firewood and timbers, vines clinging to external wall surfaces, trees covering areas, unrestrained pets, or inclement weather.

5.13 A refund of fees, either in full or in portion, is not possible for any areas of the property that cannot be reasonably inspected at the time of the scheduled inspection. 

6. Changes to the condition of a property after the inspection:

6.1 Our reports will include observations made by our inspector at the time of the inspection, and Nightingale Property Inspections will not be held responsible for any defects, damage or safety hazards that were not present or observed during the time of the inspection.

6.2 The condition of a property may change, deteriorate or improve at any time following the completion of our observations at the time of the inspection. These changes can be the result of many reasons including but not limited to:

  • Weathering.
  • Wear and tear.
  • Ingress of moisture or water.
  • Plumbing and electrical system failures.
  • Movement of termites and other timber pests into or out of the building or grounds (also see point 6.3 below). 
  • Movement of personal items, furniture and vehicles.
  • Weather events such as rain, wind, drought and storms.
  • Changes to the property carried out by other parties such as landscaping or gardening work, repairs or additions by builders and tradespeople, painting, sanding or carpentry.

6.3 A note on timber pests: termites and other timber pests have been shown to move into and damage a building within as little time as several weeks, where there was previously no timber pest activity. Nightingale Property Inspections cannot be held responsible for any timber pest activity or damage as a result of timber pests that were not observed or were not visible at the time of the inspection. 

6.4 Deliberate damage or removal of concealment may occur at any time by the occupants, owners or agents of a property, resulting in a change to the condition of the property after the completion of an inspection. 

7. Cautions On Common Property Features:

7.1 Moisture on lined structures caution: 

When moisture is detected on lined and framed walls, floors or ceilings there may be damage to the frame behind the lining that is not visible to the inspector at the time of the inspection. If the client has further concerns where moisture has been detected on lined and framed walls, floors or ceilings an invasive inspection is recommended to determine the condition of the frame.

7.2 Shower recesses caution: 

Tests may be made on shower recesses to detect leaks (if water is connected). The tests may not reveal leaks or show incorrect waterproofing if silicone liquid or masonry sealant has been applied prior to the inspection. Such application is a temporary waterproofing measure and may last for some months before breaking down. The tests on shower recesses are limited to running water within the recesses and visually checking for leaks. As showers are only checked for a short period of time, prolonged use may reveal leaks that were not detected at the time of inspection. If there is no evidence of a current leak during an inspection that does not necessarily mean that the shower does not leak. 

7.3 Glass caution: 

Glazing in older buildings (built before 1978) may not necessarily comply with current glass safety standards AS1288. We will not normally comment on the age of glass during an inspection. In the interests of safety, glass panes in doors and windows especially in trafficable areas should be replaced with safety glass or have shatterproof film installed unless they already comply with the current standards.

7.4 Stairs, ramps and balustrades caution:

Specifications have been laid down by the (Australian) National Construction Code Section 3.9 covering stairs, ramps, landings and balustrades to ensure the safety of all occupants and visitors in a building. Many balustrades and stairs built in older homes may not comply with the current standard and may be considered a safety hazard. You can read more about this HERE.

7.5 Older buildings caution: 

Older homes, especially homes more than 40 years old often present numerous defects, of a structural, non-structural or timber pest nature, that inspector will not have reasonable access to for observation at the time of the inspection. This can be due to crawl spaces being too small and dangerous for the inspector to access under floor or inside roof spaces, or other hazards such as unstable or broken structures, broken asbestos, dangerous pest infestations (eg redback spiders).

8. Strata Properties and Units:

8.1 Where a Strata Title property is to be inspected, then we will only inspect the strata units interior and the units immediate exterior to be inspected as detailed in Appendix B in AS4349.1-2007. A full Strata Report should be obtained for all of the common areas before you make an informed decision to purchase the Unit. 

9. Additional Areas Requiring Inspection:

9.1 The Inspector will contact you during the inspection should the property present further areas that may require inspection but were not described during the booking of our services. The Inspector will then complete inspections of these additional areas at your discretion and on you agreeing to any additional costs/fees that will be incurred by you. 

9.2 If the Inspector cannot contact you during the inspection then these areas shall not be inspected. Further inspections of the areas at a later time/date can be arranged at an additional fee. Examples of these areas include: sheds, garages, granny flats, chalets, workshops, attic conversions, machinery sheds.

10. Additional Inspections Requiring Specialist Services

10.1 If requested by you, we may arrange additional specialist inspection services on your behalf (eg. plumbing inspection, electrical inspection). These inspections will be carried out by a qualified/licensed and insured service provider, either at the same time as our inspection or at a different time agreed to by the owner of the property. 

10.2 The specialist inspection reports will be provided as a separate document to the reports provided by Nightingale Property Inspections and may be delivered to you more than one day after the inspections are complete.  

11. Costs and Quotes For Rectification, Maintenance Or Repairs:

11.1 Costs or quotes for building rectification or maintenance works are not provided within our reports. Should you require any costings you should seek further advice from an independent licensed builder or qualified tradesperson. 

11.2 Nightingale Property Inspections is solely focussed on property inspections to ensure you receive an unbiased assessment of the property and therefore we are not available for rectification works, maintenance, pest treatment or providing cost estimates for this type of work.

12. Loss and Damages:

12.1 We will not be liable for any third party loss or damage suffered by any person other than you in connection with the Inspection Report’s use. We are released from any claims or further actions, damages or loss whatsoever if this report is to be used by another person or entity without our written permission to do so.

12.2 We will not be liable for any loss or damage suffered by any person, including you, for any errors or omissions in our inspection reports where issues/defects/damage/maintenance/hazards are identified after our service has been completed, and where the issue was not reasonably or readily identifiable at the time of the inspection.  

12.3 The inspector can only report on issues/defects/damage/maintenance/hazards that are observed by him/her at the time of the inspection. 

13. Purchasing Copies Of Our Reports:

13.1 In the case of purchasing copies of reports from older inspections, the purchaser understands that further deterioration, damage or wear/tear may have occurred to the property since the original inspection was carried out and that these changes cannot be accounted for within the report. An additional follow-up inspection can be arranged to detect changes to the condition of the property if required.

14. Complaints Procedure:

14.1 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 or mail.

14.2 You must allow us (which includes persons nominated by us to visit the property and give us full access in order that we may complete a follow-up inspection and fully investigate the complaint. That visit must occur within twenty-eight (28) days of your notification to us.

14.3 You must allow us to remedy the complaint or amend the report where possible and where that would resolve 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 follow-up inspection.

14.4 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.

14.5 The cost of the Mediator will be borne equally by both parties or as agreed as part of the mediated settlement.

14.6 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 parties must submit all written submissions and evidence to the Arbitrator within twenty-one (21) days of the appointment of the Arbitrator; and 
  • The arbitration will be held within twenty-one (21) days of the Arbitrator receiving the written submissions. 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.

14.10 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.

15. Third Parties and Auctions:

15.1 Compensation will only be payable for losses arising in contract or tort sustained by the Client named on the front of this report. 

15.2 Any third party acting or relying on this Report, in whole or in part, does so entirely at their own risk.

15.3 If a report is 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. 

16. Sale or provision of the report:

16.1 The Report may NOT be sold or provided to any other person, other than the purchaser of the report or their acting agent(s), without the permission of Nightingale Property Inspections. 

16.2 If we give permission we may at our own discretion allow the report to be sold or provided on specific conditions and fees may apply. 

16.3 Acting agents, who view this report on behalf of the purchaser of the report, shall not use, provide or show the report to any other person without the permission of Nightingale Property Inspections. 

16.5 We hold the right to supply the report to whomever we choose however we are not required to do so.