1. Parties

1.1 These Terms and Conditions apply to all pre-purchase plumbing inspection services supplied by [Business Name] ABN [ABN] of [Address] (Contractor) to the person or entity named in the booking, quotation, work order, invoice or report (Client).

1.2 The Client is taken to have accepted these Terms and Conditions upon the earlier of: (a) requesting or booking the Services;
(b) instructing the Contractor to attend the Property;
(c) paying the inspection fee; or
(d) relying on any report, advice or findings provided by the Contractor.

2. Definitions

2.1 In these Terms and Conditions:

Property means the residential property nominated by the Client for inspection.

Services means the pre-purchase plumbing inspection services described in clause 3 and any quotation, booking confirmation, work order or report issued by the Contractor.

Visual Inspection means a non-destructive inspection of those parts of the Property and plumbing, drainage and gas systems that are readily visible and safely accessible at the time of inspection, without dismantling, cutting, opening up, removing finishes, removing fixtures, excavating or undertaking invasive works.

Report means any written or electronic report, summary, checklist, photographs, observations, comments or recommendations issued by the Contractor following the inspection.

3. Scope of Services

3.1 Subject to these Terms and Conditions, the Contractor may provide some or all of the following Services:

(a) a Visual Inspection of the plumbing, drainage and, where applicable, gas installation at the Property;
(b) water pressure testing;
(c) gas pressure testing;
(d) drain camera inspection works; and
(e) a Report recording observations made at the time of inspection.

3.2 The Services are provided for the limited purpose of assisting the Client in assessing the apparent plumbing condition of the Property in connection with a proposed purchase/sale.

3.3 Unless expressly stated otherwise in writing, the Services do not include: (a) a building inspection;
(b) a pest inspection;
(c) an electrical inspection;
(d) a roof inspection beyond what is safely visible from accessible areas;
(e) a full plumbing compliance audit;
(f) certification that the Property complies with any law, standard, approval, code or manufacturer requirement;
(g) leak detection beyond the scope of the Visual Inspection and any specific testing carried out;
(h) dismantling, excavation, destructive testing or opening up walls, floors, ceilings, fixtures or finishes;
(i) repair work, maintenance work or rectification work;
(j) estimation of rectification costs, unless expressly agreed in writing; or
(k) confirmation of the condition of concealed, inaccessible or underground services, except to the limited extent observable by drain camera inspection through available access points.

4. Visual Inspection Only

4.1 The Client acknowledges that the inspection is primarily a Visual Inspection only.

4.2 A Visual Inspection is limited to conditions that are visible and reasonably apparent at the time of attendance. The Contractor is not required to: (a) move furniture, floor coverings, stored goods or personal items;
(b) remove wall linings, ceiling linings, insulation, cladding, cabinetry, pavers, landscaping or access panels that are screwed, fixed, painted shut or otherwise not readily removable;
(c) excavate or expose underground pipework;
(d) dismantle fixtures, appliances, valves, taps, traps, pumps, hot water systems or other plumbing components;
(e) enter any area that is unsafe, inaccessible or not lawfully available; or
(f) undertake specialist testing beyond the Services expressly included in the booking.

4.3 The Services are not a guarantee that all defects, faults, leaks, blockages, non-compliances or hazards will be identified.

4.4 Concealed defects, intermittent faults and latent conditions may exist which are not discoverable by a Visual Inspection or by the particular testing undertaken on the inspection date.

5. Access and Reliance on Existing Conditions

5.1 The Client must ensure that the Contractor has lawful access to the Property and authority to carry out the Services, including authority from the owner, selling agent, occupier or any other relevant person.

5.2 The Contractor may rely on access arrangements made by the Client, the owner, the occupier or the selling agent.

5.3 The accuracy and completeness of the Services are dependent on the condition of the Property at the time of inspection, including: (a) whether water, gas and power services are connected and operating;
(b) whether fixtures, valves, meters, appliances and inspection openings are accessible;
(c) whether areas are obstructed or locked; and
(d) weather, ground conditions and site safety.

5.4 If access is restricted, a service is disconnected, or conditions are unsafe or unsuitable, the Contractor may: (a) limit the scope of the Services;
(b) defer part of the inspection;
(c) note the limitation in the Report; or
(d) terminate the attendance.

6. Water Pressure Testing

6.1 If included in the Services, water pressure testing is undertaken as an indicative assessment only of water pressure and/or system performance as observed at the time of testing.

6.2 Water pressure testing may involve static pressure readings, dynamic pressure observations, fixture flow observations, or other non-destructive checks considered appropriate by the Contractor.

6.3 Water pressure test results are affected by matters outside the Contractor’s control, including: (a) water authority supply conditions;
(b) demand fluctuations in the local network;
(c) regulator settings;
(d) partially closed valves;
(e) condition of internal pipework and fixtures;
(f) water hammer, restriction, sediment or corrosion; and
(g) the manner in which the system is being used at the time of inspection.

6.4 Water pressure testing does not: (a) certify the adequacy of supply for the Client’s intended use;
(b) guarantee future performance;
(c) confirm the absence of leaks, deterioration or failure in concealed pipework; or
(d) amount to a hydraulic design assessment or code compliance certification.

7. Gas Pressure Testing

7.1 If included in the Services, gas pressure testing is limited to a non-destructive pressure test of the accessible gas installation, to the extent reasonably practicable and safe to perform at the time of attendance.

7.2 Gas pressure testing is subject to: (a) the gas supply being connected and available;
(b) safe site conditions;
(c) lawful authority to test the installation; and
(d) the accessibility of the relevant pipework, meter, regulator, test points and appliances.

7.3 Gas pressure testing is intended to provide an indication, at the time of testing, as to whether the tested section of the accessible installation holds pressure within the parameters used by the Contractor.

7.4 Gas pressure testing does not: (a) guarantee that the gas installation is free from all leaks, faults or defects;
(b) identify the exact location of any leak, loss or fault unless separately investigated;
(c) constitute a full gas compliance inspection, appliance service or commissioning report;
(d) certify that all appliances, flues, ventilation arrangements or safety controls are compliant or fit for use; or
(e) guarantee future performance or safety.

7.5 If the Contractor suspects an unsafe gas condition, the Contractor may cease testing, isolate the affected area if reasonably necessary and lawful to do so, and record the issue in the Report.

7.5 If the gas system is deemed non-compliant, we reserve the right to issue  a Defect Notice to the owner of the property and report the defect to the relevant authority.

8. Drain Camera Inspection Works

8.1 If included in the Services, drain camera inspection works are limited to the insertion of a camera into accessible drainage lines through existing openings, inspection points, gullies or other access points available at the Property.

8.2 Drain camera inspection works are subject to the presence of suitable access and may be affected by: (a) blockages;
(b) standing water;
(c) pipe collapses;
(d) pipe configuration and diameter;
(e) roots, debris or scale;
(f) inability to pass the camera through bends, offsets or damaged sections; and
(g) safety constraints.

8.3 Unless expressly agreed in writing, drain camera inspection works do not include: (a) excavation;
(b) pipe locating;
(c) line marking;
(d) removal of toilets, traps, fixtures or access covers that are sealed, damaged or not readily removable;
(e) drain clearing, jetting or cleaning; or
(f) destructive or invasive investigation.

8.4 The Client acknowledges that a drain camera inspection: (a) may not permit inspection of the full length of any line;
(b) may not identify every crack, fracture, displacement, joint defect or obstruction;
(c) is limited to what can be observed by the camera at the time of inspection; and
(d) does not guarantee the future performance of the drainage system.

9. Exclusions and Limitations

9.1 Unless expressly included in writing, the Services do not include advice or findings regarding: (a) structural adequacy;
(b) waterproofing adequacy;
(c) mould, asbestos, hazardous materials or contamination;
(d) stormwater design performance in severe weather events;
(e) trade waste compliance;
(f) underground services not visible or not camera-accessible;
(g) pool plumbing;
(h) irrigation systems;
(i) septic, on-site sewerage or treatment systems, unless specifically included;
(j) fire services;
(k) backflow prevention compliance;
(l) solar, hydronic or specialist mechanical systems; or
(m) council, utility, title, easement or approval matters.

9.2 The Services do not amount to a warranty that the plumbing, drainage or gas systems are free of defects.

9.3 The Report is not a representation that all items at the Property were inspected or that all defects present at the Property were identified.

10. Nature of Report

10.1 The Report records observations made by the Contractor at the time of the inspection only.

10.2 The Report is a snapshot of the apparent condition of relevant items on the inspection date and is not a guarantee of: (a) future condition;
(b) future performance;
(c) continued serviceability; or
(d) ongoing compliance with applicable laws, standards or approval conditions.

10.3 The Report may include recommendations for further investigation, specialist testing, maintenance, repair or rectification. Any such recommendation should be treated as material to the Client’s assessment of the Property.

10.4 If the Contractor recommends further investigation, the Client acknowledges that the limitation identified may prevent a complete assessment of the relevant issue unless further work is undertaken.

11. Client Acknowledgements

11.1 The Client acknowledges and agrees that: (a) the Services are limited in scope and are not exhaustive;
(b) the inspection is primarily a Visual Inspection only, supplemented only by the specific tests expressly included in the Services;
(c) concealed, inaccessible, latent and intermittent defects may exist and may not be identified;
(d) a defect may develop, worsen or become apparent after the inspection date;
(e) the absence of comment on any item in the Report does not mean the item is defect-free or compliant; and
(f) the Client must make its own assessment as to whether to proceed with the purchase of the Property.

11.2 The Client further acknowledges that where utilities are not connected, access is restricted, or the owner/occupier does not permit testing, the Services may be materially limited.

12. Third Party Reliance

12.1 The Report is prepared solely for the Client named in the booking or Report.

12.2 No other person may rely on the Report without the Contractor’s prior written consent.

12.3 The Client must not reproduce, publish or provide the Report to any third party for the purpose of inducing reliance without the Contractor’s prior written consent, except to the Client’s legal advisers, financiers or insurers in connection with the proposed purchase.

13. No Repair Obligation

13.1 Unless separately engaged in writing, the Contractor is not obliged to perform any repair, rectification, maintenance or further investigation arising from the Services or the Report.

13.2 Any repair quotation or subsequent works proposal issued by the Contractor is separate from the Services and subject to separate terms.

14. Fees and Payment

14.1 The Client must pay the Contractor’s fees in the amount and at the time specified in the quotation, booking confirmation or invoice.

14.2 Unless otherwise agreed in writing, payment is due on or before attendance.

14.3 If the Contractor is unable to complete some or all of the Services because of restricted access, disconnected utilities, unsafe conditions, delay by others or lack of authority, the Contractor may charge: (a) the full fee; or
(b) a reasonable attendance fee and any costs reasonably incurred,
depending on the extent of the Services performed and the cause of the inability to complete the inspection.

14.4 Any additional services requested by the Client, including re-attendance, further testing, pipe locating, leak detection, clearing of drains or invasive investigation, will be charged in addition to the original fee.

15. Cancellation and Rebooking

15.1 If the Client cancels or postpones the inspection on less than 24 hours’ notice, the Contractor may charge a cancellation or rebooking fee of 50% of the quoted work.

15.2 If the Contractor attends the Property and cannot proceed due to matters outside the Contractor’s control, including denial of access, locked premises, unsafe conditions or disconnected services, the Contractor may charge an attendance fee.

16. Liability and Australian Consumer Law

16.1 Nothing in these Terms and Conditions excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law, where such exclusion, restriction or modification would be unlawful.

16.2 Subject to clause 16.1, and to the fullest extent permitted by law: (a) all conditions, warranties, guarantees and representations not expressly stated in these Terms and Conditions are excluded;
(b) the Contractor is not liable for any loss arising from: (i) concealed, latent or inaccessible defects;
(ii) conditions outside the scope of the Services;
(iii) restrictions on access or testing;
(iv) deterioration, movement, corrosion, blockage, leakage or failure occurring after the inspection date;
(v) acts or omissions of the owner, occupier, agent, utility provider or third parties; or
(vi) the Client’s use of the Report for a purpose other than the purpose stated in clause 3.2; and
(c) the Contractor is not liable for any indirect, consequential or special loss, including loss of bargain, loss of opportunity or diminution in property value, except to the extent such liability cannot lawfully be excluded.

16.3 Where liability cannot be excluded but can be limited by law, the Contractor’s liability is limited to the extent permitted by law.

17. Photographs, Records and Data

17.1 The Contractor may take photographs, video footage, pressure readings and other records during the inspection for the purpose of preparing the Report, maintaining job records and supporting findings.

17.2 Such material forms part of the Contractor’s file and may be used by the Contractor in connection with the Services, disputes, debt recovery, insurance matters and legal compliance.

18. Privacy and Personal Information

18.1 The Contractor collects, uses and stores personal information provided by the Client for the purpose of delivering the Services, preparing reports, managing bookings, processing payments, and complying with legal obligations.

18.2      The Contractor will handle all personal information in accordance with the Privacy Act 1988 (Cth) and any applicable Australian privacy laws.

18.3      Personal information may be disclosed to third parties only where necessary for the performance of the Services, as required by law, or with the Client’s consent.

18.4      The Client may request access to or correction of their personal information held by the Contractor by contacting the Contractor in writing.

18.5      Further details about how the Contractor manages personal information are available in the Contractor’s Privacy Policy, which can be provided upon request.

19. Safety and Site Conditions

19.1 The Contractor may refuse to inspect any area or perform any test if, in the Contractor’s opinion, it is unsafe, inaccessible, unlawful or impracticable to do so.

19.2 The Contractor is not obliged to enter confined spaces, roofs, subfloors, pits, trenches or other hazardous areas unless safe access is available and the Contractor elects to do so.

19.3 If an apparent condition presents an immediate risk to safety or property, the Contractor may suspend the Services and notify the relevant person on site.

20. Indemnity for Authority and Access

20.1 The Client warrants that it has obtained all necessary permissions and authorities for the Contractor to enter the Property and perform the Services.

20.2 The Client indemnifies the Contractor against any claim, loss, liability, cost or expense arising from any breach of clause 19.1 by the Client.

21. Governing Law

21.1 These Terms and Conditions are governed by the law of Queensland.

21.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

22. Entire Agreement

22.1 These Terms and Conditions, together with any accepted quotation, booking confirmation, invoice and Report, form the entire agreement between the parties in relation to the Services.

22.2 Any variation to these Terms and Conditions must be in writing and issued by the Contractor.