Dilapidation Inspection Agreement

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 provide inspection and consulting services across New South Wales, Victoria and Queensland.

We hold the following registrations and licences:

• NSW Fair Trading Licence: 366177C
• Building and Plumbing Commission (BPC), Victoria (formerly the Victorian Building Authority), Building Practitioner Registration: CDB-U 53425
• QBCC (Queensland Building and Construction Commission): 15249792
• ABSC Strata Inspectors Panel (SIP): 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 upon receipt of the invoice and prior to the commencement of the inspection, 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

Card payments may attract a surcharge to recover the merchant fee charged to us by the payment provider. Where a surcharge applies, it will be shown before you complete payment.

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). Unless a fee proposal or quotation states clearly and in writing that a price is inclusive of GST, all prices are exclusive of GST, and GST will be added to the price and payable by the Client 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. We issue a tax invoice for each engagement, showing any GST payable.

e) Report delivery

Reports are delivered electronically, as a PDF document by email or through our online portal, to the email address you provide at the time of booking. You are responsible for giving us a correct and current email address and for checking your inbox, including any junk or spam folder. We do not provide printed or posted copies unless separately agreed in writing.

6. Cancellation and Refund Policy

Where your fee proposal or quotation contains specific cancellation, rescheduling or refund terms for the service booked, those terms prevail over this clause to the extent of any inconsistency. This clause applies where the fee proposal or quotation is silent on the matter.

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, read with AS 4349.0-2007 (general requirements), which together set the minimum requirements for the visual inspection of residential buildings and remain the current editions of those Standards. Timber pest inspections are conducted in accordance with AS 4349.3-2010 and, for the detection of subterranean and other timber pests, AS 3660.2. Where a report comments on building work, it does so by reference to the National Construction Code applicable at the time the work was carried out.

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.

Specialist tools and additional services, including thermal (infrared) imaging, moisture meter testing, drone inspection and drug residue testing, are not part of a standard visual inspection. They are only carried out where the relevant add-on has been requested, included in your fee proposal or quotation, and paid for. Where these add-ons are not booked and paid for, the inspection is conducted on a visual basis only in accordance with the applicable Australian Standard, and no such testing is performed.

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, reasonable and unobstructed access is provided. "Reasonable access" is determined in accordance with Table 3.2 of AS 4349.1-2007 and, where that Standard is silent, in accordance with this Agreement. It means access that is safe and available without the inspector having to use any tool, ladder, or equipment beyond what is described below, and without exposing the inspector or any other person to risk of injury or the property to risk of damage.

The following minimum clearances and dimensions apply. Where the access point or available space is smaller than, higher than, or otherwise outside these limits, the area is treated as inaccessible and is excluded from the inspection:

• Roof exterior and roof areas requiring a ladder: accessed only where reasonably and safely reachable by a standard ladder up to a maximum height of 3.6 metres from a firm, level surface. Roofs higher than 3.6 metres, steeply pitched roofs, slippery, brittle, fragile or unsafe-to-walk roof surfaces (such as some tile, slate, fibre-cement or corroded metal roofs), and roofs that cannot be safely accessed due to weather or surrounding conditions, will not be walked on or closely inspected and may instead be viewed from ground level or not at all.
• Roof space / roof void (manhole / access hatch): entered only where there is a manhole or access hatch of at least approximately 500 mm × 400 mm, reachable by a 3.6 metre ladder, with at least 600 mm × 600 mm of crawl space, safe access to the opening, and the space is free of insulation, stored items, hazards or live services obstructing entry. Where the access hole is smaller, blocked, located in a robe, over a stairwell, or unsafe to enter, the roof space will not be entered.
• Subfloor space: entered only where there is a subfloor access point of at least approximately 500 mm × 400 mm and a vertical crawl clearance of at least approximately 400 mm between the ground and the underside of the floor. Subfloors with lower clearance, water, mud, vermin, stored goods, or no safe access point will not be entered.
• Locked, gated or secured areas: gates, doors, garages, meter boxes, pool enclosures, cabinets and rooms that are locked, security-sealed, or too narrow for safe entry will not be inspected unless they are unlocked and made accessible by the client, owner, agent or occupant at the time of the inspection.
• Animals and pets: the inspector will not enter any area, yard, enclosure or room where an animal, pet, guard dog or other creature is present that may pose a risk, cause delay, or cannot be safely controlled or removed by the client, owner or occupant. Such areas will be excluded.
• Obstructed or concealed areas: areas concealed behind or under stored items, furniture, floor coverings, appliances, vegetation, soil, fixed linings, or otherwise not visible, will not be inspected.

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
• Using a ladder higher than 3.6 metres or any elevated work platform
• Entering any area that does not meet the minimum clearances set out above
• Accessing areas that pose a safety risk to the inspector (such as damaged roofs, areas with exposed asbestos, or areas with inadequate structural support)

Where an area is not inspected for any of the reasons above, this will be noted in the report as an area not inspected or inaccessible. The client acknowledges and agrees that these access limitations have been clearly disclosed in advance, and no liability is accepted for failure to identify any defect, issue or condition in any area that was inaccessible, restricted, unsafe to access, or outside the minimum clearances described in this clause. If the client requires an excluded area to be inspected, separate arrangements (which may include additional fees, specialist equipment, or a reinspection) must be made and agreed in writing.

f) Reinspections

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

g) Specific exclusions and disclaimers

The following are not covered by a standard building inspection and are only carried out where a separate service has been requested, included in your fee proposal or quotation, and paid for:

• Timber pests. A standard building inspection does not look for or report on termites or other timber pest activity. A separate timber pest inspection in accordance with AS 4349.3-2010, carried out by a qualified, licensed and insured timber pest inspector, is required for that purpose. Where visible timber pest damage happens to be observed during a building inspection, only the visible damage will be noted.
• Asbestos. No inspection or testing for asbestos is carried out and no opinion is given on the presence or absence of asbestos. Where a material that may contain asbestos is noticed during the inspection, it may be noted in the general comments only. If asbestos is noted, you agree to obtain advice from a licensed asbestos assessor or removalist regarding its extent, significance and the cost of sealing or removal.
• Mould and non-wood decay fungi. No inspection, testing or report is made for mould, mildew or non-wood decay fungi as part of a standard building inspection.
• Swimming pools and spas. Swimming pools, spas and their associated equipment, plant and fencing compliance are not covered by a standard building inspection.

h) Estimates and costs

Any cost figure mentioned in a report is an opinion of a possible cost based on the inspector's general knowledge and experience. It is not a quotation, a calculation of likely costs, or a guarantee of the cost of any work. Before acting on any such figure, you should obtain and rely on independent written quotations for the work concerned. We accept no liability for any estimate included in a report.

i) Concealed defects and information you provide

Where the property is occupied or furnished, furnishings and stored items may conceal evidence of defects that would only become apparent once those items are moved or removed. We accept no liability for any defect that was deliberately or inadvertently concealed by the owner, occupant or any other person, or that was not reasonably visible at the time of inspection, and you agree to indemnify us in respect of any such concealed defect. You are responsible for the accuracy and completeness of any information you provide to us, and we may rely on it without independent verification.

j) Acting on our recommendations

Where a report recommends a further inspection, an invasive inspection, or assessment by another specialist or trade, you should arrange that further work before relying on the report or making any decision in relation to the property. If you choose not to act on such a recommendation, you accept the risk of any resulting loss and agree to indemnify us against any loss arising from your failure to follow that recommendation.

k) How defects are reported

In forming our opinion, the property is compared with a building of similar age and type that was constructed in accordance with the generally accepted practice of its time and that has been reasonably maintained, so that its intended strength and serviceability have not significantly deteriorated. In this Agreement and our reports:

• a Major Defect has the meaning given in clause 1.4.10 of AS 4349.1-2007, namely a defect of sufficient magnitude where rectification has to be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the property; and
• a Minor Defect has the meaning given in clause 1.4.11 of AS 4349.1-2007, namely a defect other than a major defect.

l) Written report only

Only the final written report represents our findings and may be relied upon. Any comment, opinion or estimate given verbally, whether on site or by phone, message or email before the written report is issued, is preliminary only and must not be relied upon. If there is any inconsistency between something said verbally and the written report, the written report prevails.

m) Photographs

Any photographs included in a report are provided to illustrate particular findings and are a sample only. They are not a complete record of every area inspected or every defect present. The absence of a photograph does not mean an area was not inspected, and the inclusion of a photograph does not represent the full extent of a defect.

8. Independence and Conflict of Interest

Owner Inspections conducts each inspection and prepares each report independently and impartially. Our findings, opinions and recommendations are based solely on the inspector's professional assessment of the property at the date and time of the inspection.

Our assessment is not influenced by any referral arrangement, marketing relationship, commission, or the interests of any agent, vendor, builder, developer, financier or other party. Where we are engaged to provide expert witness services, we do so in accordance with the applicable expert witness code of conduct and our overriding duty to assist the relevant court or tribunal impartially, which prevails over any duty to the party engaging us.

If an actual or potential conflict of interest arises in relation to a particular engagement, we will disclose it to you and, where appropriate, decline or withdraw from the engagement.

9. Referral Fees and Marketing Arrangements

From time to time, Owner Inspections may pay referral fees, commissions or other consideration to referral partners, affiliates and other professionals who refer clients to us. We may also receive consideration in connection with marketing or partnership arrangements.

Any such arrangement:

• is funded by Owner Inspections;
• does not increase, and is not added to, the fee payable by you for your inspection or service;
• does not affect the scope, conduct, independence or impartiality of the inspection or report (see clause 8); and
• is entered into in compliance with applicable laws, including the Australian Consumer Law.

Where the law requires the existence of a referral or commission arrangement to be disclosed, we will make that disclosure. You are under no obligation to use any third party referred to you by us, or to whom we have been referred.

10. 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.

The report and all associated data, photographs and content are and remain the sole and perpetual property and asset of Owner Inspections. Owner Inspections retains full ownership and all rights in the report, and may at any time and at its sole discretion use, reproduce, license, disclose, share or sell the report (or any part of it) to any third party (including other clients, agents, vendors, purchasers, individuals or companies) without notice to, or the further consent of, the Client. The licence granted to the Client does not transfer any ownership in the report and does not limit Owner Inspections' rights under this clause.

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.

e) Reliance on the report

Each report is prepared solely for the Client who engaged us and only for the purpose stated in the report. To the extent permitted by law, no other person may rely on the report, and we accept no responsibility or liability to any person other than the Client. Any party who wishes to rely on a report should commission their own inspection. A report reflects the condition of the property only as at the date and time of the inspection, and to the extent permitted by law we accept no responsibility for the content of a report after thirty (30) days from the date of inspection, as the condition of a property can change over time.

11. 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.

12. 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.

13. 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

14. 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

15. Privacy and Confidentiality

We collect and handle personal information in accordance with the Privacy Act 1988 (Cth), as amended by the Privacy and Other Legislation Amendment Act 2024 (Cth), and our Privacy Policy, which forms part of this Agreement. By engaging our services you consent to the collection, use and disclosure of your personal information as described in that policy.

We treat the contents of your report and the details of your engagement as confidential and will not disclose them to third parties without your consent, except where disclosure is required by law, requested by a court or tribunal, or reasonably necessary to provide the services you have requested.

16. 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.

17. 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.

18. 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 as soon as possible, setting out the nature of the dispute and the resolution sought.
2. Re-inspection: Where the dispute relates to the inspection or the report, you agree to give us (and any person we nominate) access to the property, within twenty-eight (28) days of your notice, so that we may re-attend and investigate the matter. We will provide a written response within twenty-eight (28) days of that access. You agree not to authorise or carry out any rectification, repair or alteration to the area in dispute before we have had this opportunity to investigate, except where urgently required to prevent injury or further damage.
3. Negotiation: The parties will attempt to resolve the dispute through good-faith negotiation within 14 days of our written response.
4. Mediation: If the dispute is not resolved through negotiation, the parties agree to attempt resolution through mediation before commencing any court or tribunal proceedings.
5. Proceedings: If the dispute remains unresolved, either party may commence proceedings in the appropriate court or tribunal.

If you commence legal proceedings against us without first complying with this procedure, you agree to indemnify us for any reasonable costs, legal fees and expenses we incur in having those proceedings stayed or adjourned so that this procedure can be completed. Nothing in this clause prevents either party from seeking urgent injunctive or interlocutory relief from a court at any time.

19. 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.

20. 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.

21. Assignment and Waiver

You may not assign, transfer or sub-licence your rights or obligations under this Agreement without our prior written consent. Owner Inspections may assign or transfer its rights and obligations to a related entity or successor without your consent.

A failure or delay by either party to exercise any right under this Agreement does not operate as a waiver of that right, and no single or partial exercise of any right prevents any further exercise of that or any other right.

22. 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.

23. Contact Us

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

• Email: [email protected]
• Phone: 1300 471 805