1. Engagement
1.1. All Inspections by PEST will be supplied on these terms and conditions.

2. A Pest Inspection:

   1. 2.1.  will be:

      1. (a)  an inspection for Timber Pests;

      2. (b)  a Visual Inspection in accordance with Australian Standard 4349.3 Inspection of Buildings

         Part 3 Timber Pest Inspections; and

      3. (c)  an inspection of the Inspection Area to the extent that there is Reasonable Access and

         access is permitted to PEST or its Personnel.

   2. 2.2.  will not be:

      1. (a)  An Invasive Inspection; or

      2. (b)  An inspection for dry wood termites of the family Kalotermitidae or European house borer

         (Hylotrupes bujulus Linnaeus or West Indian Dry Wood Termite (Cryptotermes brevis).

   3. 2.3.  during which any evidence of activity of any of the insects in clause 2.2(b) are seen will result in those things being included in the Pest Report and the case of European house borer (Hylotrupes bujulus Linnaeus or West Indian Dry Wood Termite (Cryptotermes brevis), will also result in a report to government authorities which is required by law. If European house borer (Hylotrupes bujulus Linnaeus or West Indian Dry Wood Termite (Cryptotermes brevis) are reported on, a special purpose

      inspection and report will be available for an additional fee.

3. Pest Inspection Report

   1. 3.1.  PEST will report on the results of the Pest Inspection in writing.

   2. 3.2.  The Pest Report will be confined to stating the discovery or non-discovery of infestation and/or

      damage cause by Timber Pests as a result of the inspection carried out in the manner in clause 2.

   3. 3.3.  The Pest Report will not

      1. (a)  Be a structural report or a structural damage report.

      2. (b)  report on the presence of Timber Pests or damage caused thereby in areas to which

         Reasonable Access is not available or of which inspection is not permitted, and:

         1. (i)  the Customer should assume that there may be Timber Pests or damage caused thereby in areas to which Reasonable Access is not available or of which reasonable

            inspection has not been permitted; and

         2. (ii)  if the Customer requires greater certainty, they must arrange an Invasive Report

            under clause 6.

   4. 3.4.  The Pest Report may, but is not required to, include recommendations for the management of any

      current or potential Timber Pest infestation or the identification of any Conditions Conducive to Timber

      Pest Attack and recommendations for the reduction of risks posed thereby.

4. A Building Inspection:

   1. 4.1.  will be:

      1. (a)  an inspection for Structural Defects, Major Defects, Minor Defects and Safety Hazards in

         respect of the areas nominated by the Customer on the Prepurchase Inspection Order Form;

      2. (b)  a Visual Inspection in accordance with Australian Standard 4349.1-2007 to the extent that

         there is Reasonable Access and access is permitted to PEST or its Personnel; and

      3. (c)  a reasonable attempt to identify any obvious or significant Defects apparent at the time of

         the Inspection consistent with clause 4.1(a) and 4.1(b).

   2. 4.2.  will not be:

      1. (a)  an Invasive Inspection;

      2. (b)  a structural engineering inspection (which the Customer may require if Major Defects of a

         Structural Nature are identified); or

      3. (c)  an all-encompassing inspection of all aspects of the Inspection Area.

5. Building Report

   1. 5.1.  PEST will report on the results of the Building Inspection in writing.

   2. 5.2.  The Building Report will be confined to stating the discovery or non-discovery of Structural Defects,

      Major Defects, Minor Defects and Safety Hazards as a result of the inspection carried out in the

      manner in clause 4.

   3. 5.3.  The Building Report will not

      1. (a)  cover any Excluded Items; or

      2. (b)  be a comprehensive all encompassing report on all aspects of the Inspection Area;

      3. (c)  report on the presence of Defects which are in areas to which Reasonable Access is not

         available or of which inspection is not permitted, and:

(i) the Customer should assume that there may be Defects in areas to which

Reasonable Access is not available or inspection of which has not been permitted; and

(ii) if the Customer requires greater certainty, they must arrange an Invasive Report under clause 6.

5.4. The Building Report may, but is not required to:

1. (a)  make comment about any Excluded Item;

2. (b)  include recommendations for the rectification of Defects; and/or

3. (c)  give estimates of the cost of any work required to address any issue of any type which PEST

   discovers, but those estimates are not a guarantee of rectification or remediation costs, a representation of what a contactor may charge to do that work or a quote to carry out that work.

6. Invasive Report
6.1. If the Customer requests an Invasive Report, PEST may agree to conduct one if the owner of the

property consents and the Customer enters into a separate agreement and pays an additional fee.

7. No Guarantee and No Liability

   1. 7.1.  By reason of the matters in clauses 2.1, 2.2, 3.2 and 3.3, PEST offers no guarantee that there is no infestation of, or Timber Pest damage to, the Inspection Area or any part of it.

   2. 7.2.  PEST provides no guarantee that there will be no infestation of the Inspection Area or any part of it by Timber Pests after the date of the Report.

   3. 7.3.  By reason of the matters in clauses 4.1, 4.2, 5.2 and 5.3, PEST offers no guarantee that there are no defects (including Structural Defects) in the Inspection Area or that there will be no Defects which appear in the Inspection Area in the future.

   4. 7.4.  The Customer hereby releases PEST and its Personnel from any liability for Loss arising out of the existence of Timber Pests or damage caused by Timber Pests or the presence of Defects in any part of the Inspection Area to which Reasonable Access is not accessible or of which Inspection was not permitted at the date an Inspection is performed.

8. Assignment

8.1. The benefit of a Pest Report or a Building Report may be assigned strictly according to the terms of

that report but if the terms of that report do not expressly allow assignment, then the benefit of it may not be assigned.
Resolution

9. Dispute
9.1. If the Customer has any complaint or claim arising out of any Inspection or any Report, the Customer

shall:

1. (a)  Provide PEST with a detailed written explanation of the complaint or claim within 7 days of

   becoming aware of facts giving rise to it; and

2. (b)  Allow PEST to visit the Site and give PEST full access to the Site and all structures upon it

   for the purpose of investigating the complaint or claim;

2. 9.2.  Upon receiving written notification of a complaint or claim in accordance with clause 9.1(a) PEST

   shall:

   1. (a)  Attend the Site and carry out such investigations as are appropriate within 28 days of receipt

      of the notification; and

   2. (b)  Provide a written response to the complaint or claim within 28 days of the date of the

      inspection in clause 9.2(a).

3. 9.3.  If the Customer is not satisfied with the response in clause 9.2(b) it may refer the dispute to a mediator

   to be nominated by PEST from the list of members of Arbitrators and Mediators of Australia, the cost of whom shall be borne equally by the parties, who shall be entitled to be legally represented at the mediation.

4. 9.4.  The Customer:
   (a) may not issue any form of legal proceedings in respect of any complaint or claim until the

   procedure in this clause 9 has been complied with in respect of that complaint or claim;
   (b) agrees to pay on an indemnity basis the legal costs which PEST incurs in having any legal proceedings which the Customer commences in contravention of clause 9.4(a) stayed

   pending compliance with this clause 9.

5. 9.5.  Nothing in clause 9 shall be construed as prohibiting the Customer or PEST from applying for urgent

   injunctive relief.

10. Definitions

10.1. In this Agreement the following words have the meanings ascribed to them:

1. (a)  Building means the dwelling house at the Site;

2. (b)  Building Element means a portion of a building that, by itself or in combination with other

   such parts fulfils a characteristic function, for example, supporting, enclosing, furnishing or

   service building space;

3. (c)  Building Inspection means an inspection in accordance with clause 4;

4. (d)  Building Report means the report referred to in clause 5.1;

5. (e)  Conditions Conducive to Timber Pest Attack means noticeable building deficiencies or

   environmental factors that may contribute to the presence of Timber Pests

6. (f)  Customer means the person who completed the Inspection Order of which these Terms form

part

7. (g)  Excluded Items means:

   1. (i)  Concealed Defects;

   2. (ii)  Assessment or detection of Defects which (including rising damp and leaks) which may be affected by prevailing weather conditions;

   3. (iii)  Whether services have been used recently or not which may affect detection of leaks or other defects;

   4. (iv)  Presence or absence of Timber Pests;

   5. (v)  Plumbing, gas or electrical fittings or detection and identification of illegal plumbing,

      electrical, building or gas work;

   6. (vi)  The presence or absence of asbestos;

   7. (vii)  The presence or absence of mould;

   8. (viii)  Durability of exposed finishes;

   9. (ix)  Durability or state of repair of roof coverings and whether they are waterproof;

   10. (x)  Any matter to do with the physical state of common property of stratas;

   11. (xi)  Proximity to flight paths, traffic, railways, and noise levels generally;

   12. (xii)  Health and safety issues other than those posed by Structural Defects able to be

       detected via a Structural Inspection;

   13. (xiii)  Heritage, security, site drainage (apart from surface water drainage) or fire protection

       issues;

   14. (xiv)  Non-structural issues to do with swimming pools or spas;

   15. (xv)  Neighbourhood problems; or

   16. (xvi)  Any matters solely regulated by statute.

8. (h)  Inspection means a Building Inspection, a Pest Inspection, or both as the case may be;

9. (i)  Inspection Area:

   1. (i)  In relation to a Pest Inspection means the Building, the Site, and fences within the boundary of the Site and within 30m of the Building unless the Building is a strata titled dwelling in which case the Inspection Area is the inside of the strata property only; and

   2. (ii)  In relation to a Building Inspection means the Building, the Site, and fences within the boundary of the Site and within 30m of the Building unless the Building is a strata titled dwelling in which case the Inspection Area is the inside and outside of the strata property only but excluding the outside above ground level;

10. (j)  Invasive Inspection means an inspection where the inspector does one or more of the things in items (i), (ii) or (iii) of the definition of Visual Inspection;

11. (k)  Major Defect means a defect of significant magnitude where rectification has to be carried out to avoid unsafe conditions, loss of utility or further deterioration of part of the Inspection Area reported on;

12. (l)  Minor Defect means any defect which is not a Major Defect or a Structural Defect;

13. (m)  Personnel means any director, officer, contractor, or employee of PEST who PEST directs

    to carry out an Inspection;

14. (n)  Pest Inspection means an inspection carried out under and in accordance with clause 2;

15. (o)  Pest Report means a report provided under clause 3.1;

16. (p)  Reasonable Access is access available in accordance with the definition in Australian

    Standard 4349.3 and is otherwise:

    1. (i)  Available in the case of roof voids where there is access to a crawl space in the roof

       void of at least 600mm x 600mm via an access hole at least 400mm x 500mm in

       size reachable by a 3.2m ladder;

    2. (ii)  Available in the case of subfloors where there is access to a crawl space of at least

       400mm beneath the lowest bearer or at least 500mm beneath the lowest part of any

       concrete floor via an access hole at least 400mm x 500mm in size

17. (q)  Safety Hazard means any item the presence of which creates an imminent risk of death,

    injury, adverse effect on health or of damage to property;

18. (r)  Site means the parcel of land at the address to which PEST is directed to carry out an

    Inspection;

19. (s)  Structural Defect means a fault or deviation from the intended structural performance of a

    Building Element;

20. (t)  Timber Pest means any or all of:

    1. (i)  Chemical Delignification - the breakdown of timber through chemical action;

    2. (ii)  Fungal Decay - the microbiological degradation of timber caused by soft rot fungi and decay fungi, but does not include mould, which is a type of fungus that does not

       structurally damage wood;

    3. (iii)  Wood Borers - wood destroying insects belonging to the order ‘Coleoptera’ which

       commonly attack seasoned timber; and

    4. (iv)  Termites - wood destroying insects belonging to the order ‘Isoptera’ which commonly

attack seasoned timber;

(u) Visual Inspection means an inspection by observation of the Area of Inspection to which Reasonable Access is available and permitted and:

1. (i)  which does not require breaking apart, dismantling removing or moving any object

   including without limitation foliage, mouldings, roof insulation/sisalation floor or wall coverings, sidings, ceilings, sarking, builders’ rubble, roofing materials, wall linings, fixtures, fittings, pipework, ductwork, earth, pavements, floors, furnishings, rugs, carpets appliances, household items or personal possessions; and

2. (ii)  which does not require digging, gouging, application of force, cutting inspection ports or traps or any other invasive or destructive procedure; and

3. (iii)  specifically excludes inside cavity or stud walls, between floors, inside skillion roofing, inside eaves, behind stored goods in cupboards and any other parts of the Area of Inspection which are obscured, obstructed, or concealed.