VISUAL PRE-PURCHASE TIMBER PEST OR TERMITE INSPECTION & REPORT BOOKING FORM:
to be performed by Bang For Ya Buck Pest Control (ABN:22022 813 471)

To avoid any misunderstanding as to the type of inspection we will carry out and as the scope of the resulting report, You should immediately read and acknowledge the below service agreement. If You fail to agree to this service agreement by not completing and submitting this agreement form then we will be unable to proceed with Your booking request.

This fee and inspection agreement forms part of this Pre-Purchase Timber Pest or Termite Inspection Report.
(Offer & Acceptance, Valuable Consideration, Acknowledgment and Instructions apply here)

(Definition: Offer and Acceptance; analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Agreement consists of an offer by an indication of one person (the "offeror") to another (the "offeree") of the offeror's willingness to enter into a contract on certain terms without further negotiations. A contract is said to come into existence when acceptance of an offer (agreement to the terms in it) has been communicated to the offeror by the offeree and there has been consideration bargained-for induced by promises or a promise, associated costs and performance.)
(Definition: Valuable Consideration; it is very important that the Purchaser has had time to consider and deliberate what it is you, the inspector, is about to carry out for them as per their instructions. The benefit of carrying out this inspection is confirmed for example if Credit Card details are provided or an agreement is entered into for payment prior or on delivery of the inspection reports.)
(Definition: Instructions; the purchaser has given verbal or written directions to carry out this pre purchase timber pest or termite inspection on their behalf. At times it is very difficult to obtain written directions if the inspection and report is to be carried out the same day as ordered.)

Service Agreement:

We will carry out the inspection and report as ordered by You in accordance with this agreement. In ordering the inspection, You agree that the inspection will be carried out in accordance with the following clauses, which define the scope and limitations of the inspection and report.

Scope of Inspection:
1. In the case of Pre-purchase Timber Pest Inspections and all Timber Pest Inspections the inspection will be in accordance with the requirements of Australian Standard AS 4349.3-2010 Inspection of buildings Part 3: Timber pest inspections. The purpose of the inspection is to provide advice about the condition of the property concerning timber pest activity as outlined in the Scope of this Agreement.
2. In the case of Termite Inspections the inspection will be carried out in accordance with AS 3660.2-2000 Termite management Part 2: In and around existing buildings and structures.
3. Pre-purchase Inspections should be carried out to Australian Standard AS4349.3-2010 Inspection of Buildings Part 3: Timber Pest Inspections which includes inspection for Termites, Borers and Fungal Decay. Termite only inspections are to Australian Standard AS3660.2-2000 and are NOT recommended for pre-purchase inspections.
4. All inspections (whether in accordance with AS 4349.3-2010 or AS 3660.2-2000) will be a non-invasive visual inspection and will be limited to those areas and sections of the property to which Reasonable Access (see definitions below) is both available and permitted on the date and time of Inspection.
5. In the case of Pre-purchase Timber Pest Inspections or Timber Pest Inspections in accordance with AS 4349.3- 2010 the Inspection and resulting Report will be confined to reporting on the discovery, or non-discovery, of infestation and/or damage caused by subterranean and dampwood termites (white ants), borers of seasoned timber and wood decay fungi (rot), present on the date and time of the Inspection.
6. In the case of all Termite Inspections in accordance with AS 3660.2-2000 inspections the Inspection and resulting Report will be confined to reporting on the discovery, or non-discovery, of infestation and/or damage caused by subterranean and dampwood termites (white ants) present on the date and time of the Inspection. Borers of seasoned timber will not be reported on. Wood decay fungi (rot) will not be reported on but may be reported as a conducive condition for termite activity.
7. In both cases the Inspection will not cover any other pests and the Report will not comment on them. Dry wood termites (Family: Kalotermitidae) and European House Borer (Hylotrupes bujulus Linnaeus) will be excluded from the Inspection.
8. The inspection will report any evidence of a termite treatment that happens to be found. Where evidence of a treatment is reported then the Client should assume that the treatment was applied as a curative and not as a preventative. You should obtain a statement from the owner as to any treatments that have been carried out to the property. It is important to obtain copies of any paperwork issued.
9. Mould: Mildew and non-wood decay fungi are commonly known as Mould and is not considered a Timber Pest but may be an indicator of poor ventilation or the presence of termites, wood decay or water leaks. Mould and their spores may cause health problems or allergic reactions such as asthma and dermatitis in some people.
10. This report will only address timber pest activity and determine (by visual and non invasive assessment of the surface of timber work only) if timber has been damaged by pest activity. The Inspector will make a comparison of the property to a similar property in order to determine whether pest mitigation strategies have been upheld in the construction of the property. This will comment on the likelihood of future pest activity on the property. If there is no similar property to be compared to then the comment of future/likely pest activity will be subject to the Inspector's general knowledge. In relation to Strata common property will not be inspected.
11. The Inspector will inspect (subject to the minimum requirements and the Restrictions on an Inspection) the accessible "Area":
a) The Interior of the Property (Excluding furniture and stored items);
b) The Roof Space of the Property;
c) The Exterior of the Property;
d) The Sub-Floor Space of the Property;
e) The Roof Exterior of the Property (subject to height and weather restrictions);
f) The Site within 30m of the Property and within the boundary relevant to the Inspection.

Restrictions on an Inspection:
12. The Inspector is restricted by certain foreseeable and unforeseeable limitations during an inspection.
13. The Inspector's foremost consideration is safety and reasonable access to an Area. Therefore the Inspector is restricted from inspecting any Area: where it is unsafe to do so; obstructed; and/or cannot be accessed.
14. The Inspector cannot move any furniture or any other chattel or thing in order to access an Area.
15. The Inspector cannot conduct an inspection that is invasive and therefore cannot inspect: the inside of walls; between and under floors and floor coverings; behind any kitchen joinery, cupboards, wardrobes, chattels, inside flat roofing, and/or inside any eaves. This is not an exhaustive list.
16. The Inspector cannot cut access holes or remove screws and bolts (or any other fastenings) to access covers.
17. The Inspector cannot inspect an Area if the inspector determines that his access is obstructed.
18. The Inspector cannot carry out an inspection for:
a) Any non-structural element;
b) Any part of the Property that cannot be seen or that requires testing;
c) An Area that cannot be safely accessed or is obstructed;
d) Serviceability damp defects;
e) Any common property that maybe under Strata Title or Company Title or any other form of Title unless explicitly stated in another signed Agreement;
f) Asbestos;
g) Magnesite;
h) Mould;
i) Any major and/or minor building defects and/or structural damage;
j) Drywood termites as colonies may be too small to detect by visual assessment; and
k) Early stages of borer activity for European House Borer (Hylotrupes bajulus) as borer damage may not be apparent of the surface of the timber and cannot be detected by visual assessment.
19. The Inspection Report will not provide any timber pest preventative strategies or plans; it will only suggest a plan if implicitly required which is subject to clause 3.
20. Further to the above, the Inspector will not include anything that is beyond the Extent of Reporting including, but not limited to, cost of rectification of any defects.
21. The Inspector is restricted by the following dimensions in relation to determining if an opening can be reasonably accessed:
- Roof Interior Access Hole: 400 mm x 500 mm
- Crawl Space Min: 600 mm x 600 mm
- Height: From a 3.6 m ladder off a level platform and only if it is safe to do so
- Roof Exterior: From a 3.6 m ladder off a level platform and only if it is safe to do so
- Subfloor Access Hole: 500 mm x 400 mm
- Crawl Space Vertical Clearance: 400 mm beneath the lowest bearer or 500 mm beneath the lowest part of a concrete
- Subject to Inspector's discretion as to safe and reasonable access
22. There may be further, unexpected limitations encountered by the Inspector, which can only be determined at the time of inspection.

Complaints Procedure:
23. 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. 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 Institute of Arbitrators and Mediators of Australia. 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.

Default and Termination:
24. The Inspector reserves the exclusive right to terminate this Agreement on 1 days' notice due to weather constraints, non-payment of the Inspector's Fee or any other safety concern. Only the Inspector may terminate the Agreement.
25. If the Inspector's fee is refunded for any reason whatsoever then the Inspection Report provided (if any) will be deemed invalid and annulled.

In Summary:
26. The Client acknowledges that:
a) The Inspection Report is 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 set out in the terms of this Agreement.
b) The Client will not rely on the report for valuation purposes or in their final decision to purchase the Property.
c) The Inspection Report is for the Client's exclusive use and not to be given to a third party without the Inspector's written consent.
d) The Scope of Inspection set out in this Agreement is only indicative as the Inspector is restricted by their ability to access any Area which is subject to all safety considerations. The Client further acknowledges that the Inspector cannot breach the same to carry out an inspection.
e) Some Restrictions on an Inspection are foreseeable while others are only known at the time of inspection.
f) That the Inspector is the only person who can determine, at the time of the inspection, what they are restricted by during an inspection.
g) That there may be forecast some wet weather on the date of Inspection. By proceeding with this Agreement and Inspection you acknowledge that termite activity can be disturbed as a result of rain and that the Inspector is not liable to any possible leaks and excess moisture if the weather is wet and readings are compromised.
h) The Inspector will carry out a visual and non-invasive inspection limited by access and restrictions.
i) The Inspector is not liable for any Area not inspected due to Restrictions on an Inspection.
j) That any claim for loss is limited to the cost of the inspection.
k) That the Client has read all the terms and has not relied on any representations made by the Inspector or anyone else before entering this Agreement.
l) That just because a pest infestation is not visible at the time of inspection does not guarantee that there is no pest infestation affecting the Property.
m) That the Client acknowledges acceptance through performance of this Agreement by way of payment of the agreed Inspector's fee, and confirming that the agreement and terms and conditions have read and understood by the client.
n) The Client will not hold the Inspector liable for any losses suffered on relying on the Inspection Report considering the acknowledgments above and all the terms of this Agreement.
o) The Client acknowledges that, any recommendations or advice made by the inspector in relation to the inspection at the subject property should be implemented by the Client as a matter of urgency.
p) The Client warrants that they will not rely on this report after a period of 30 days as the condition may change between the day of Inspection and the day of any defect being apparent such as, but not limited to, different weather conditions, removal of furniture, damage done by occupants, settling of the land, extreme weather damages or anything that could cause the visual effect of a defect to become known.

Acknowledgement:
27. The Client agrees that in accepting this agreement they have read and understood the contents of this Agreement and that the inspection will be carried out in accordance with this document. The Client agrees to pay for the Inspection in-full prior to commencement of the Inspection. The Report will be sent from the Inspector Firm to the Client within 1-3 business days once Inspection is completed.
28. If the Client does accept this Agreement, payment of the Inspector's fee is deemed as acceptance of this Agreement and the inspection will be carried out according to the terms herein.
29. To action this Agreement and Acknowledge that you have fully read and understand the Agreement and restrictions You must submit this agreement/form and make payment of the Tax Invoice to be provided.
30. You agree to contact the Inspector once You have read the Inspection report. By agreeing to this service agreement you confirm that You will read the Inspection Report in its entirety prior to purchasing a property and agree to call, Text, SMS or email the Inspector if you have any further questions about the report.
31. You acknowledge that nothing contained in this agreement is legal advice. We strongly recommend you obtain legal advice regarding this agreement.
32. Subject to this entire Agreement, You have requested a Standard Non Invasive, Visual Timber/Termite Pest Inspection. If a Non Standard Visual Inspection report is required, You must specify to us what kind of inspection you require in the Comments Text Box at the bottom of this form.

Definitions:
1. Acknowledgment: A thing that a person is intimately aware of and has taken full consideration of and accepts that piece of information unconditionally.
2. Access hole: An opening or cut out allowing entry to carry out an inspection.
3. Active: The presence of live timber pests at the time of inspection.
4. Area: The area and/or areas listed in clause 4 only.
5. AS Standards: AS4349.3 2010 only (unless specifically stated that AS 3660.2 also applies) in this Agreement.
6. Client: The person the inspection is carried out for detailed as the same on the first page of this agreement only.
7. Client's acknowledgments: The items listed in paragraph 2 that the Client is intimately aware of and has taken full consideration of and accepts that piece of information unconditionally.
8. Drywood Termites: Termites that do not require a water source other than the atmosphere and the moisture within the timber in which they occur.
9. Excessive Moisture Conditions: Presence of moisture conducive to timber pest activity.
10. High Moisture Readings: Higher than normal moisture levels as detected by electronic testing equipment.
11. Inspection: Accessible and Visual Timber/Termite Inspection of the Property.
12. Inspector: The Individual or organisation detailed as the same on the top of this page only.
13. Inspector's fee: The fee will be confirmed by way of a Tax Invoice.
14. Property: The property inspected including all timber structures such as, patios, decking, fences, timber retaining walls, stumps up to distance of 30 metres from the main building.
15. Restrictions on an Inspection: Refer to paragraphs 5 to 18 of this Agreement.
16. Safe And Reasonable Access: Only areas that are deemed safe and reasonable access is available are inspected. Safe access means areas where safe, unobstructed access is provided and the minimum heights or clearances specified in clause 20 are present, or where these clearances are not present, areas within the inspector's unobstructed line of sight and within arm's length. The inspector has sole discretion in determining safe access to any area of the property and will make said determination at the time of the inspection only.
17. Timber pest damage: visual damage caused by Timber Pests.
18. Timber pest activity: visual signs of Timber Pests.
19. Timber Pests: Subterranean and dampwood termites, and specific wood destroying agents being: chemical delignification (damage of timber by chemical reaction); fungal decay (damage to timber caused by soft rot and decay fungi); wood borers (wood damaging pests of the genus Coleoptera); and termites (wood damaging pests of the genus Isoptera).

SIGNATURE:
I acknowledge for Bang For Ya Buck to carry out the above inspection/s and I also acknowledge I have read and understand the terms and conditions of this fee and inspection agreement: By submitting this booking form I/We fully acknowledge that we have read and understood the Inspection conditions/restrictions and terms and conditions.
I/We understand that the inspection will not proceed until an invoice is issued by Bang For Ya Buck and I/We have paid the invoice in full prior to commencement of the proposed inspection.