1.  Definitions: 

For the purpose of this agreement, the definitions below apply. 

We/our/us means YL Pool Safety Inspection (The Trustee for LAN FAMILY TRUST trading as YL Pool Safety Inspection. ABN: 50 545 177 898) and its directors, employees, inspectors, agents, and representatives

You/your means the land/property owner who enters into this agreement.

Certificate means the Certificate of Pool and Spa Barrier Compliance (Form 23).

Report means the report issued to You by Us following the inspection of the pool/spa in accordance with the Reg 147GZ (or 147 GH) of the Building Regulations 2018. 

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. 

Pool Inspector means any qualified, insured, and registered Building Inspector or Surveyor contracting to YL Pool Safety Inspection 

Inspection means any pool/spa barrier inspection, reinspection, performed by Us

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2.  How we will charge you (Inspection fees): 

2.1.   Subject to this agreement with us, charges are as follows:

- Initial Inspection:  

o      $185.00 

- Any Follow-up Inspection (re-inspection) 

o      $100.00 for each & every reinspection/s, only if required: 

2.2.  No booking fees are required; however, the payments listed above are required to be paid in full on the day of inspection.

2.3.  Payment options only include cash or direct bank transfers. 

2.4.  Maximum allowed re-inspection under the building regulations 2018 is 2 (two).   

2.5.  Inspections would normally take approx. 30-75 mins depending on the complexity of inspection site. 

2.6.  Where reinspection is required, a physical/onsite re-inspection must be conducted to ensure defects are rectified prior to any Certificate (Form 23) being issued. That is when the re-Inspection fees will be incurred.

Note: under the Victorian legislation and Victorian Building Authority requirements, inspectors cannot conduct any inspection relying only on photographs, drones, video, declarations, or reports provided by a person who is not a registered building surveyor, inspector, or a prescribed person under Section 35B of the Building Act 1993.  

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3.  Scope of work is limited to the following: 

3.1.   We will conduct a Pool/Spa Safety Inspection and report on Swimming Pool/spa Safety non-compliance/s, but limited to and only in accordance with the requirements of Australian Standard AS1926.1. 

3.2.  Issuing Certificate of Pool and Spa Barrier Compliance (Form 23) in accordance with requirement under the Building Regulations 2018, when no defects have been identified. 

3.3.  Report and/or notify relevant local council if there is any of the followings. 

 3.3.1.   If the barrier non-compliance poses a significant and immediate risk to life or safety, or  

 3.3.2.  If the barrier is non-compliant with the applicable barrier standard in one or more ways                     specified in regulation 147ZF(c) of the Building Regulations 2018, or  

 3.3.3.  If the inspector is prevented by the owner from undertaking a further re-inspection.

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4.  Your rights 

4.1.   A copy of the appropriate/relevant Australian Standard may be purchased from Standards Australia at client’s cost https://www.intertekinform.com/en-au/ The Client warrants that they have been given reasonable opportunity to peruse the relevant Australian Standards nominated by the relevant council. 

4.2.  You have the right to ask inspector to explain the relevant Australian Standards requirements in relation to your pool/spa. 

4.3.  You have the right to request inspector to show the relevant regulations and standards as reference, in relation to the required rectification work. 

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5.  Your obligation  

5.1.   If you have previously arranged for an inspection of your premises to obtain the Certificate (Form 23) in the last 67 days, it is your obligation to inform YL Pool Safety Inspection immediately at the beginning or during the compliance process. It may/will terminate this agreement, as engaging multiple inspectors/consultants is a breach/violation of the Building Regulations 2018 and you are liable to pay reasonable fees for work completed by us. 

5.2.  If the owner prevents the inspector from undertaking a further reinspection, Council would be notified, and Council will be responsible to ensure compliance is achieved. YL Pool Safety Inspection has no involvements in Council’s enforcement matters.

5.3.  Any fees, fines, penalty or other charges levied by council or other authority in respect to a pool or spa barrier remain the responsibility of the land/property owner. 

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6.  Consent to communicate electronically  

6.1.   By signing this Agreement, you consent that all future communication, correspondence,

and letters, documents will be sent electronically only (e.g., text messages & emails). 

6.2.  We may need to communicate with you about sensitive information, you understand that electronic communications, unless adequately encrypted, are not secure and may be viewed by others or interfered with. 

6.3.  YL Pool Safety Inspection accepts no responsibility for the security or integrity of any information sent over the internet or by other electronic means. We will not accept any responsibility for delays or costs incurred due to misplaced or deleted emails, emails filtered by your IT provider, or for emails sent to incorrect email addresses. 

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7.  Photos/Videos 

You consent to YL Pool Safety Inspection taking photos and/or videos on your property and confirm you have received the same consent from relevant neighbours for the purposes of performing and documenting the Inspection. We may use photos of specific areas of Pool and/or spa Barrier compliances and/or non-compliances on our website. These photos will never contain photos of people. In addition, any such photos or videos may be passed on to council or other relevant body as required by law. 

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8.  Inspection and Report 

8.1.   The inspection report will be prepared on the basis on a visual inspection and without reference to any construction plans or any engineering test or other tests relating to the structural integrity of your pool/spa safety barrier. It is implicit that the Inspection is a subjective visual inspection.  

8.1.1.      The Inspection Report may be 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. The Client further acknowledges that the Inspector cannot breach any law to carry out an inspection.

8.1.2.     The Scope of Inspection set out in this Agreement is only indicative as the Inspector is restricted by their ability to access the area, which is subject to all safety considerations. Some Restrictions on an Inspection are foreseeable while others are only known at the time of inspection and the Inspector is the only person who can determine, at the time of the inspection, what they are restricted by during an inspection.  

8.1.3.     The inspection report issued may not be all-encompassing report dealing with the pool/spa safety barriers from every aspect. It is a reasonable attempt to identify any obvious or significant non-compliance/s apparent at the time of the inspection.  

8.1.4.     A non-compliance is not visible at the time of the inspection does not guarantee that there is no non-compliance that affecting the pool/spa safety compliance. 

8.1.5.     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. 

8.2.  Structural problems in relation to the pool/spa barrier must be identified through, and dealt with by, a builder, building surveyor or structural engineer. The report and/or certificate of barrier compliance does not replace a building permit as per State Legislation requirements.

8.3.  The Inspection report may provide recommendations and/or suggested solutions for the non-compliant aspects of a pool or spa barrier. Any recommendation or suggestion is not a complete list of possible remedies available to bring a pool/spa barrier into compliance. YL Pool Safety Inspection does not endorse any product. Any referral to third party trades is not an endorsement, and they are not affiliated in any way with YL Pool safety inspection, and we do not take any responsibility for their workmanship, work, or warranty, etc. 

8.4.  The inspection report issued may include examples; however, the adoption of the rectification method is completely the client's choice. YL Pool Safety will not be liable to you in relation to the adoption methods in order to rectify the non-compliances or otherwise in connection with this inspection report:

- For any direct loss, or 

- For any indirect, special, or consequential loss.

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9.  Limitations and Exclusions 

9.1.   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.

9.2.  Inspection findings may be limited to accessibility and visibility, as the inspection does not involve breaking apart, dismantling, removing, or moving objects, including, but not limited to, foliage, mouldings, debris, paving, floor or wall coverings, furnishings, appliances, or personal possessions. The inspector cannot dig, gouge, force, or perform any other invasive procedures.

9.3.  Any stored or scattered goods, stored items including boxes, parked cars and bikes, boats, trailers, foliage, plants, vines, stored firewood and timbers, trees and vines clinging to external surfaces of the swimming pool including the fence and gates, will hinder the inspection process.

 

10.  Disclaimer of liability to the third parties:  

This Report is made solely for the use and benefit of the Client named on the front of the inspection report. 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 party acting or relying on this report, in whole or in part does so at their own risk. 

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11.  Warranties and quality 

YL Pool Safety Inspection warrants that they will do everything reasonable to inspect the above Areas thoroughly and responsibly subject to the requirements of the Relevant Australian Standard (AS) and any foreseeable or unforeseeable restrictions. 

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12.  Dispute Resolution/Complaints  

12.1.  In the event of any dispute or claim arising out of, or relating to the inspection, the report, or the certificate (Form 23), You must notify Us as soon as possible of the dispute or claim by email or mail. You must allow Us (including persons nominated by Us) to visit the property within Seven (7) 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-one (21) days of the date of the inspection.

12.2. 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 an agreed Mediator. Each party will bear its own costs associated with the mediator, unless agreed otherwise. 

12.3. 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. 

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13.  Default and Termination 

13.1.  The Inspector reserves the exclusive right to terminate this Pre-Inspection Agreement due to weather constraints, non-payment or any other safety concerns. Only the deposit, if any, will be reimbursed to the Client/s.

13.2. If the Inspector’s fee is refunded for any reason whatsoever then the Inspection Report provided (if any) will be deemed invalid and annulled. 

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14.  Severability 

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. 

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15.  Bar on claims 

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

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16.  Amendments

We may, at any time and at our discretion, vary this Services and Engagement Agreement by publishing the amended Services and Engagement Agreement on our Site. We highly recommend you check our Site regularly to ensure you are aware of our current Services and Engagement Agreement and We highly recommend that you keep a copy of this current version/page for your records.

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