Terms and Conditions

1. General

1.1 This Agreement sets forth the terms and conditions under which Melbourne Pool Safety Inspection (ABN 20 871 628 150) (referred to as we, us, or our) will provide pool and spa safety barrier inspection services to you (the property owner, referred to as you or your). These services will be carried out by a registered building practitioner, namely Mr. Joseph M. Yousefi (Victorian Practitioner No. BS-U 61233) or Ms. Samira Eshaghi (Practitioner No. IN-PS 72538), as applicable.

1.2 By submitting a pool barrier inspection booking request, you agree to engage our services and you accept and agree to be bound by these Terms and Conditions.

2. Our Obligations

2.1 We will ensure that a registered building practitioner (in the category of Pool Inspector) performs the inspection of your pool or spa barrier with reasonable skill, care, and diligence. All services will meet the standards reasonably expected of a registered building practitioner performing similar inspection services.

2.2 A registered Pool Inspector or Building Surveyor will conduct the initial inspection of your pool and spa safety barrier to assess compliance with the relevant safety standards as identified by your local council.

2.3 If your pool or spa barrier complies with the applicable safety standard, the inspector will issue a Certificate of Barrier Compliance. We will provide you with this certificate at no additional charge.

2.4 If your pool or spa barrier does not comply with the applicable safety standard, the inspector will issue a written notice of non-compliance to you (the owner), as described in clause 2.6 below.

2.5 In certain circumstances (for example, where it appears unlikely that you will bring the barrier into compliance within the allowed time frame), the inspector is required to immediately issue a Certificate of Pool and Spa Barrier Non-Compliance.

2.6 The written notice described in clause 2.4 will:

(a) state that the barrier must be brought into compliance with the applicable standard;
(b) specify each respect in which the barrier does not comply with the applicable standard;
(c) specify a deadline by which you must remedy the non-compliance, being no more than 60 days from the date you receive the notice; and
(d) include (or be accompanied by) an Outlook calendar invitation specifying the date and time scheduled for the re-inspection of the pool or spa barrier.

2.7 After the required re-inspection of the barrier, if the inspector is satisfied that the barrier now complies with the applicable standard, the inspector will issue a Certificate of Pool and Spa Barrier Compliance and provide it to you.

2.8 After a required re-inspection, if the inspector is not satisfied that the barrier complies with the applicable standard, the inspector must issue a Certificate of Pool and Spa Barrier Non-Compliance. However, if the inspector determines that substantial progress has been made toward compliance, the inspector may instead issue a further written notice to you allowing an additional seven (7) days by which the remaining issues must be brought into compliance.

2.9 The Certificate of Barrier Compliance (Form 23) and any non-compliance or improvement notice will be deemed to have been given to you once they are sent to the email address you provided in your booking request. If you have not received the expected documentation within 48 hours after an inspection, you should contact our office to follow up.

2.10 We reserve the right to engage third-party inspectors to perform the inspection services. We will ensure that any inspector we engage is a reliable, accredited practitioner with valid professional indemnity insurance. However, to the fullest extent permitted by law, we accept no responsibility or liability for any issues arising from an inspection carried out by a third-party practitioner.

2.11 If remedial work on your pool or spa barrier is required, we strongly recommend that you engage a local professional who specializes in pool barrier compliance to perform the necessary repairs. If you choose to accept an offer for us to arrange or provide assistance with remedial work, you acknowledge that additional fees will apply. Our fees for such remedial work may exceed prevailing market rates, starting from $660 plus GST for labor, reflecting the specialized expertise and experience we provide.

3. Owner's Obligations

3.1 You, as the owner of the land on which a swimming pool or spa is located, are responsible for ensuring that the pool and spa safety barrier complies with the applicable safety standard at all times.

3.2 You must take all reasonable steps to ensure that any barrier restricting access to the swimming pool or spa is properly maintained and remains effective and compliant with the applicable standards.

3.3 Prior to the inspection, you must provide us with a copy of the notice or certificate from your local council confirming the registration of your swimming pool or spa. This documentation should include the pool or spa’s construction date and the relevant safety standard that applies.

3.4 You warrant that all information you provide to us is true, accurate, and complete, including (but not limited to) your name, property address, telephone number, and email address.

3.5 You agree to provide the inspector with unrestricted access to the pool area and the safety barrier for the purpose of conducting the inspection. You will not obstruct, impede, or interfere with the inspector in carrying out their duties.

3.6 You agree that the inspector is acting with your authority during the inspection. You also agree to indemnify the inspector against any liability, loss, or damage arising out of the performance of the inspection, to the extent such liability is not caused by the inspector’s own negligence or willful misconduct.

3.7 You acknowledge that you are responsible for lodging the Certificate of Pool and Spa Barrier Compliance with the relevant local council within 30 days of the certificate’s issuance, as required by applicable regulations.

3.8 You acknowledge that the inspector may terminate an inspection without any refund if a safety or health risk to the inspector becomes apparent, or if the inspector is subjected to abusive, threatening, or otherwise disrespectful behavior. We reserve the right to halt the inspection under such conditions, and we expect all parties to treat each other with courtesy and respect.

3.9 If you decide to cancel a scheduled inspection, you must inform the inspector (or our office) at least 24 hours before the appointed time. If you cancel an inspection with less than 24 hours’ notice, you will be liable to pay a cancellation fee of $75.

3.10 If you wish to reschedule a scheduled inspection to a different date or time, you must notify the inspector (or our office) at least 24 hours in advance. If you reschedule with less than 24 hours’ notice, a rescheduling fee of $75 will apply (the fee is the same as the cancellation fee).

3.11 You acknowledge that, in accordance with Regulation 265(c) of the Building Regulations 2018 (Vic), we (as registered building practitioners) may receive remuneration for our services only through the professional fees or benefits specified in this engagement contract (and not via any undisclosed commissions or other inducements).

3.12 You are responsible for paying the agreed inspection fee as part of the booking process for the inspection.

3.13 The standard fee for an initial pool safety inspection is $220, unless we have agreed in writing to a different amount. You also agree that an additional fee of $110 will be payable for a follow-up inspection (reinspection) or if we must issue a Certificate of Pool and Spa Barrier Non-Compliance, as these situations incur additional work.

3.14 You agree that additional fees and charges may apply in certain circumstances, such as if the inspection site is located more than 35 km from the Melbourne CBD or if you require an inspection outside of our normal business hours. Any such additional travel or out-of-hours fees will be disclosed to you, and must be agreed upon by both parties, before confirming the booking.

3.15 You agree to make timely payment for our services. If you fail to pay the fees owed for the inspection services, we reserve the right to issue a formal Payment Claim under the Building and Construction Industry Security of Payment Act 2002 (Vic). In the event we issue a Payment Claim due to non-payment, you will incur an additional charge of $125. Furthermore, if we must initiate an adjudication or debt recovery process to recover outstanding fees under section 18(2) of the Security of Payment Act, our time spent on such proceedings will be charged at an hourly rate of $220 plus GST, in addition to the unpaid amounts and any other applicable recovery costs.

3.16 You agree that all documents and correspondence related to the inspection will be delivered electronically. This includes, but is not limited to, inspection reports, notices, invoices, and compliance certificates, which will be sent to the email address you have provided to us. It is your responsibility to promptly inform us of any changes to your contact details.

3.17 You agree to receive an Outlook calendar invitation (or a similar appointment confirmation) by email, confirming the scheduled date and time of your inspection. If you do not receive a booking confirmation or calendar invitation within 48 hours after completing your booking request, it is your responsibility to contact our office to follow up.

3.18 You acknowledge that the inspection date and time indicated in the calendar invitation email will be deemed accepted by you unless you expressly decline or request a change within 48 hours of the invitation being sent. If you need to reschedule, please refer to clause 3.10 regarding required notice.

3.19 You agree to indemnify and hold us (including our inspectors and employees) harmless from and against any and all suits, actions, claims, demands, losses, damages, expenses or costs (including legal costs on a full indemnity basis) arising out of or in connection with the services we provide to you. This indemnification obligation applies to any third-party claims resulting from the inspection or related services, except to the extent such claims arise from our own negligence or breach of these terms.

3.20 You agree that our liability to you in connection with the inspection services is limited to the amount of the fees you have paid for the inspection. We will not be liable for any additional or consequential losses or damages you may incur in connection with our services, and you will not be entitled to recover any incidental, indirect, special, or legal costs from us beyond the direct cost of the inspection service itself.

4. Payment of Fees

4.1 Payment for our inspection services must be made in full at the time of booking, unless we have agreed to an alternate arrangement. By prior agreement, we may accept cash payment immediately before the inspection commences if you have not prepaid. An official invoice or receipt will be provided upon request. Payment can be made via bank transfer using the following account details:

Account Name: Melbourne Pool Safety Inspection
BSB: 063-779
Account Number: 1048 3937
Reference: Please use your property’s street number and street name as the payment reference (for example, "26George" for 26 George Street).

4.2 All standard fees for our services are published on our website (at www.melbournepoolinspection.com.au) or will be confirmed by mutual agreement in writing. Any variations or special fee arrangements must be agreed to by both parties. All fees are stated in Australian Dollars and are exclusive of GST unless otherwise noted.