Terms and Conditions

1. Agreement

These Terms and Conditions ("Agreement") constitute a legally binding agreement between you ("Client", "you" or "your") and Owner Inspections Pty. Ltd. (ABN 67 600 802 533) ("Owner Inspections", "we", "us" or "our").

By requesting a quotation, booking an inspection, using our website, or engaging any of our services, you acknowledge that you have read, understood and agree to be bound by this Agreement. If you do not agree to these terms, please do not use our services or website.

We reserve the right to update or amend these terms at any time. Changes will be effective upon publication on our website. Continued use of our services after changes are published constitutes acceptance of the revised terms. It is your responsibility to review this Agreement periodically.

2. About Owner Inspections

Owner Inspections is a licensed building inspection and consulting company established in 2014. We operate across New South Wales, Victoria, Queensland, South Australia, Western Australia and the Australian Capital Territory.

We hold the following registrations and licences:

• VBA (Victoria Building Authority): CBD-U 53425
• NSW Fair Trading Licence: 366177C
• QBCC (Queensland Building and Construction Commission): 15249792
• ABSC SIP (Strata Inspectors Panel): 141

3. Services

Owner Inspections provides building inspection and consulting services, including but not limited to:

• Pre-purchase building inspections
• Pre-sale building inspections
• Building and pest inspections
• Timber pest inspections
• New construction stage inspections
• Pre-handover inspections (practical completion inspections)
• Apartment pre-settlement inspections
• Defect investigation reports
• Dilapidation reports
• Expert witness reports and tribunal support
• Mould inspections
• Roof inspections
• Insurance claim assessments
• Drug residue testing
• Swimming pool inspections
• Strata building bond and inspection scheme (SBBIS) reports
• Strata reports
• Commercial property inspections
• Tax depreciation schedules
• Maintenance inspections
• Reinspections

The specific scope of each service is determined by the type of inspection booked and the fee proposal or quotation provided to you.

4. Booking and Scheduling

Inspections may be booked through our website, by phone (1300 471 805), by email, or via WhatsApp. Upon booking, you will receive a confirmation with your appointment details, the agreed scope of work, and payment instructions.

We will make reasonable efforts to complete the inspection by the agreed date. However, we do not guarantee specific completion timeframes due to factors that may be beyond our control, including but not limited to:

• Adverse weather conditions
• Access restrictions or delays at the property
• Inspector availability or scheduling conflicts
• Unforeseen site conditions or safety hazards
• Delays caused by third parties (such as agents or property occupants)

We will notify you as soon as practicable if a delay occurs and will work with you to reschedule at a mutually convenient time.

5. Payment Terms

Owner Inspections will provide a fee proposal or quotation prior to commencing work based on the scope of the inspection or service requested.

a) When payment is due

Payment is due before the commencement of the inspection and receipt of the invoice, unless otherwise agreed in writing. Reports will not be released until the full inspection fee has been received and cleared in our account.

b) Accepted payment methods

• Credit or debit card (Visa or Mastercard) via Stripe or Square
• Card payment through Spectora
• PayID
• Direct bank transfer to Owner Inspections

c) Late payments

If payment is not received within two (2) business days after completion of the inspection, a late fee may be applied at the discretion of Owner Inspections. We reserve the right to withhold delivery of reports and suspend further services until all outstanding amounts are paid in full.

d) Pricing

All prices are quoted in Australian dollars (AUD) and include GST where applicable. Pricing is subject to the ongoing availability of the services quoted. Owner Inspections reserves the right to amend, withdraw or update quotations at any time prior to acceptance and payment by the Client.

6. Cancellation and Refund Policy

a) Cancellation by the Client

• If you cancel more than 24 hours before the scheduled inspection start time, no cancellation fee applies and any prepayment will be refunded in full.
• If you cancel within 24 hours of the scheduled inspection start time, a cancellation fee as stated in your fee proposal will apply.
• If you selected a non-refundable service at the time of booking, no refund will be made under any circumstances.

b) Cancellation by Owner Inspections

Owner Inspections reserves the right to refuse or cancel any accepted inspection due to weather conditions, travel requirements, scheduling constraints, safety concerns, or any other reason at our sole discretion. If we cancel the inspection, we will refund the amount paid by the Client minus any fees already incurred (such as third-party access fees or travel costs already expended).

c) Rescheduling

Rescheduling requests are subject to inspector availability. We will make reasonable efforts to accommodate rescheduling requests. Repeated rescheduling may be treated as a cancellation at our discretion.

7. Scope of Inspections and Reports

a) Standards

Our building inspection reports are prepared in accordance with the guidelines of Australian Standard AS 4349.1-2007, which sets the minimum requirements for the visual inspection of residential buildings. Timber pest inspections are conducted in accordance with AS 4349.3-2010.

b) Nature of inspections

Our inspections are visual inspections only. The purpose is to provide written advice regarding the condition of the property at the date and time of the inspection. The report is based on what was reasonably visible and accessible at the time of inspection.

c) What the report is NOT

The report is not:

• A certificate of compliance that the property complies with any Act, regulation, ordinance, local law or by-law, or with the requirements of any local council or authority
• A warranty or insurance policy against problems developing with the building in the future
• A structural engineering assessment (unless specifically engaged)
• An assessment of services such as electrical, plumbing, gas, air conditioning or mechanical systems (unless specifically engaged)
• A valuation of the property

d) Exclusions from scope

Unless a specific service is requested and paid for, the following are outside the scope of our standard inspection and report:

• Identification of unauthorised building work or work not compliant with building or council regulations
• Identification of design defects for the construction
• Estimation of costs for rectification works
• Legal matters, building contracts, design issues, easements, local council restrictions and requirements
• Crossovers, strata title matters, boundaries, connections, building envelope compliance
• Planning and building permits, setbacks and zoning requirements
• Defects that may only be apparent in certain weather conditions or that have not yet manifested due to prolonged periods of wet or dry weather
• Conditions concealed behind walls, floors, ceilings, or other fixed coverings

e) Access limitations

An inspector shall only inspect areas where safe and unobstructed access is provided. Reasonable access is defined in AS 4349.1-2007 and this Agreement. Reasonable access does not include:

• Removing stored materials, goods, or personal belongings
• Removing nails, screws, or fasteners
• Cutting or making access holes
• Moving furniture, floor coverings, or appliances
• Accessing areas that pose a safety risk to the inspector (such as damaged roofs, areas with exposed asbestos, or areas with inadequate structural support)

Areas that could not be accessed or inspected will be noted in the report. No liability is accepted for failure to identify issues in areas that were inaccessible or where access was restricted.

f) Reinspections

Reinspection requests are subject to the same conditions and terms of this Agreement and may incur a separate fee.

8. Copyright and Intellectual Property

a) Report ownership

All inspection reports, photographs, videos, and related content produced by Owner Inspections remain our exclusive intellectual property. The Client is granted a limited, non-transferable licence to use the report for their own personal purposes in connection with the property inspected.

b) Restrictions

Without our prior written consent, the Client must not:

• Reproduce, copy, distribute, or share the report with any third party
• Publish or display the report (or any part of it) publicly, including on social media or websites
• Alter, modify, or create derivative works based on the report
• Use the report for any legal proceedings unless Owner Inspections has been specifically engaged to provide expert witness services

c) Our rights

Owner Inspections retains the right to use inspection data, photographs, and report content (with personal identifying information removed) for training, quality assurance, marketing, and business improvement purposes.

d) Website content

All content on the Owner Inspections website, including text, graphics, logos, images, and software, is our property or the property of our licensors and is protected by Australian and international copyright laws. You may not reproduce, modify, or distribute any content from our website without our prior written consent.

9. Warranty and Disclaimers

Owner Inspections warrants that its services will be performed with due care and skill by qualified professionals, in accordance with applicable industry standards and Australian regulations.

However, we make no warranty or representation that:

• Our inspection will identify every defect, issue, or condition present at the property, particularly those that are concealed, latent, or not reasonably detectable through a visual inspection
• The condition of the property will remain unchanged after the date of inspection
• The property is free from defects or issues not identified in the report
• Any information, estimates, or opinions provided in the report are a guarantee of future conditions or outcomes

Building conditions can change over time due to environmental factors, use, or other causes. Our report reflects the condition observed at the specific date and time of the inspection only.

10. Limitation of Liability

To the maximum extent permitted by Australian law (including the Australian Consumer Law under Schedule 2 of the Competition and Consumer Act 2010 (Cth)):

• Owner Inspections' total liability to the Client for any claim arising out of or in connection with our services shall not exceed the total fee paid by the Client for the specific service giving rise to the claim.
• Owner Inspections shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of opportunity, or cost of purchasing a replacement property, arising out of or in connection with our services, even if we have been advised of the possibility of such damages.
• No liability is accepted for the failure of the report to identify problems in areas of the property that were physically inaccessible for inspection, or to which access was denied by or to the inspector (including any areas identified as inaccessible in the report).
• No liability is accepted for defects, conditions, or issues that were concealed, latent, or not reasonably detectable through a visual inspection conducted in accordance with the relevant Australian Standards.

Nothing in this Agreement excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Australian Consumer Law or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.

11. Indemnification

You agree to indemnify, defend, and hold harmless Owner Inspections, its directors, officers, employees, contractors, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of any term of this Agreement
• Your misuse of our services or website
• Your unauthorised distribution, sharing, or reproduction of our inspection reports
• Any claim by a third party that arises from your use of our reports or services in a manner not authorised by this Agreement
• Any inaccurate, incomplete, or misleading information provided by you in connection with our services

12. Client Responsibilities

As a Client, you are responsible for:

• Providing accurate and complete information when booking an inspection, including the correct property address and any known access issues
• Ensuring that the inspector has safe and reasonable access to the property at the agreed time
• Obtaining any necessary permissions from property owners, agents, or occupants for the inspection to proceed
• Notifying us of any known hazards at the property (such as asbestos, aggressive animals, or structural concerns)
• Making payment in accordance with the payment terms in this Agreement
• Reviewing the report carefully and raising any concerns or questions promptly after delivery

13. Force Majeure

Owner Inspections shall not be liable for any failure or delay in performing our obligations under this Agreement where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, severe weather events, pandemics, government restrictions, industrial action, power or telecommunications failures, or acts of terrorism.

14. Website Use

Owner Inspections grants you a limited, non-exclusive, non-transferable licence to access and use our website for personal, non-commercial purposes in accordance with this Agreement. You must not:

• Use the website in any way that breaches any applicable Australian law or regulation
• Use automated tools, bots, or scripts to access or scrape content from the website
• Attempt to gain unauthorised access to our systems, servers, or data
• Interfere with or disrupt the operation of the website
• Upload or transmit any malicious code, viruses, or harmful content

Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or availability of those websites.

15. Dispute Resolution

If a dispute arises in connection with this Agreement or our services, the parties agree to follow this process:

1. Notification: The party raising the dispute must provide written notice to the other party, setting out the nature of the dispute and the resolution sought.
2. Negotiation: The parties will attempt to resolve the dispute through good-faith negotiation within 14 days of the notice being received.
3. Mediation: If the dispute is not resolved through negotiation, the parties agree to attempt resolution through mediation before commencing any court or tribunal proceedings.
4. Proceedings: If the dispute remains unresolved, either party may commence proceedings in the appropriate court or tribunal.

Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court at any time.

16. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of New South Wales, Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts. Where services are provided in another state or territory, the relevant state or territory legislation and regulatory requirements also apply.

17. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from this Agreement and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

This Agreement, together with any fee proposal or quotation provided to you, constitutes the entire agreement between you and Owner Inspections in relation to the services described. It supersedes all prior negotiations, representations, warranties, and agreements between the parties. No modification of this Agreement shall be effective unless made in writing and agreed to by both parties.

19. Contact Us

If you have any questions about these Terms and Conditions, please contact us:

• Email: [email protected]
• Phone: 1300 471 805
• Post: Owner Inspections Pty. Ltd., Level 8, 97 Pacific Highway, North Sydney, NSW 2060