Buildings Inspections, Home Inspections & Property Inspections Melbourne

Terms & Conditions

Buy-Wise Pre Purchase Building & Pest Inspections Pty Ltd (ACN 113 603 928)
("Buy-Wise")

BASIS OF BUILDING INSPECTION REPORT

The Customer engages Buy-Wise to perform a visual Standard Property Inspection in accordance with Australian Standard AS4349.1 - 1995 Property Inspections - Residential Buildings and to provide a written report ("Written Report") to the Customer ("Services"). The purpose of the inspection and report is to identify any significant defects in the building which are apparent at the time of the inspection on the following basis:

Inspection

Buy-Wise's building inspection does NOT extend to the investigation of, or reporting upon:

• Electrical wiring and Fittings, except for checking that lights and fans are working (if power is available at time of inspection) and whether any safety protection is provided or required and, if so, the type of protection which is provided or required;

• The operation or condition of Appliances such as ovens, dishwashers, heaters and air conditioners (we will check the operation of appliances if specifically instructed to do so);

• Plumbing Works (such as any breakage, blockage or interference with pipes);

• Fireplaces, Chimneys and Smoke Detectors (apart from noting the presence or absence of smoke detectors);

• Pests (such as for termite infestation);

• Swimming Pools, Spas and associated equipment, apart from any apparent safety issues;

• Boundary Surveys (such as for encroachments);

• Council or other statutory requirements (such as whether the proper planning or building approvals have been obtained, other planning issues such as heritage restrictions and whether pool fences and gates comply with the regulations);

• Health and safety issues including the presence of asbestos or lead; or

• Other matters which should be the subject of a Special Purpose Property Report as defined in the Australian Standard (such as common property areas; environmental concerns such as sunlight, privacy, streetscape and views; proximity of property to flight paths, railways and busy traffic or other neighbourhood issues; noise levels; security or fire protection; analysis of site drainage apart from surface water drainage and neighbourhood usage which may be a nuisance).

Access

Buy-Wise will only inspect those areas of the Property to which there is safe, unobstructed access in accordance with the minimum clearances set out in Table 1, or if such access is not available, areas within the inspector's unobstructed line of sight ("Reasonable Access"). Reasonable Access does not include where the use of any destructive or invasive methods are required to gain access, nor does it include where removal of heavy furniture or other heavy items or floor coverings is required.

The Written Report

is based on the condition of the Property at the time the Property is inspected;

• is based on a visual inspection of areas of the Property to which there is Reasonable Access;

• will not cover defects in areas to which there is not Reasonable Access;

• is not a guarantee in relation to the state of the Property, but is Buy-Wise's professional opinion of the Property's condition;

• may not be provided to or relied on by anyone other then the Customer

General Terms

Buy-Wise holds a $2 million Professional Indemnity insurance policy. To the extent permitted by law, the Buy-Wise excludes all statutory or implied conditions and warranties and any other liability it may have to the Customer (including for indirect or consequential loss) that may arise under statute or at law including without limitation or breach of contact, in tort (including negligence) or under any other cause of action. To the fullest extent permitted by law Buy-Wise's liability under any condition or warranty which cannot be excluded is limited to the re-supply of the Services or refunding the cost of supplying the Services.
A party must not commence court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute or difference of opinion between the parties regarding the construction of this agreement or the rights and obligations of the parties under this agreement unless it has complied with the following provisions.
If the parties are unable to resolve a dispute within 7 days after one party gives the other party written notice of the dispute, either party may refer the dispute to mediation by a single mediator agreed on by the parties or, failing agreement within 7 days after one party gives the other party a written notice proposing a mediator, nominated by the president of the Institute of Arbitrators and Mediators Australia at the request of either party. Each party must bear its own costs in relation to the mediation and the costs of the mediator must be borne by the parties in equal shares.
If the dispute is not resolved within 28 days after a mediator is appointed, either party may refer the dispute to arbitration by a single arbitrator agreed on by the parties or failing agreement nominated by the president of the Institute of Arbitrators and Mediators Australia at the request of a party. The arbitrator's decision will be final and binding on the parties except to the extent of any error of fact or law. Each party may appear before and make submissions to the arbitrator and may be represented by a qualified legal practitioner. Each party must bear its own costs in relation to the arbitration and the costs of the arbitrator must be borne by the parties in equal shares subject to any contrary order by the arbitrator. The arbitration will be conducted in accordance with the Commercial Arbitration Act 1984 of Victoria. 
This agreement is governed by the laws of Victoria. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
Buy-Wise holds a $2 million Professional Indemnity insurance policy. To the extent permitted by law, the Buy-Wise excludes all statutory or implied conditions and warranties and any other liability it may have to the Customer (including for indirect or consequential loss) that may arise under statute or at law including without limitation or breach of contact, in tort (including negligence) or under any other cause of action. To the fullest extent permitted by law Buy-Wise's liability under any condition or warranty which cannot be excluded is limited to the re-supply of the Services or refunding the cost of supplying the Services.
Buy-Wise holds a $2 million Professional Indemnity insurance policy. To the extent permitted by law, the Buy-Wise excludes all statutory or implied conditions and warranties and any other liability it may have to the Customer (including for indirect or consequential loss) that may arise under statute or at law including without limitation or breach of contact, in tort (including negligence) or under any other cause of action. To the fullest extent permitted by law Buy-Wise's liability under any condition or warranty which cannot be excluded is limited to the re-supply of the Services or refunding the cost of supplying the Services.A party must not commence court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute or difference of opinion between the parties regarding the construction of this agreement or the rights and obligations of the parties under this agreement unless it has complied with the following provisions.If the parties are unable to resolve a dispute within 7 days after one party gives the other party written notice of the dispute, either party may refer the dispute to mediation by a single mediator agreed on by the parties or, failing agreement within 7 days after one party gives the other party a written notice proposing a mediator, nominated by the president of the Institute of Arbitrators and Mediators Australia at the request of either party. Each party must bear its own costs in relation to the mediation and the costs of the mediator must be borne by the parties in equal shares.If the dispute is not resolved within 28 days after a mediator is appointed, either party may refer the dispute to arbitration by a single arbitrator agreed on by the parties or failing agreement nominated by the president of the Institute of Arbitrators and Mediators Australia at the request of a party. The arbitrator's decision will be final and binding on the parties except to the extent of any error of fact or law. Each party may appear before and make submissions to the arbitrator and may be represented by a qualified legal practitioner. Each party must bear its own costs in relation to the arbitration and the costs of the arbitrator must be borne by the parties in equal shares subject to any contrary order by the arbitrator. The arbitration will be conducted in accordance with the Commercial Arbitration Act 1984 of Victoria. This agreement is governed by the laws of Victoria. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.Buy-Wise holds a $2 million Professional Indemnity insurance policy. To the extent permitted by law, the Buy-Wise excludes all statutory or implied conditions and warranties and any other liability it may have to the Customer (including for indirect or consequential loss) that may arise under statute or at law including without limitation or breach of contact, in tort (including negligence) or under any other cause of action. To the fullest extent permitted by law Buy-Wise's liability under any condition or warranty which cannot be excluded is limited to the re-supply of the Services or refunding the cost of supplying the Services.