Terms and Conditions
1.1 This agreement sets out the terms you engaged Melbourne Pool Safety Inspection, ABN 20871628150, provides services by Mr Joseph M Yousefi with Victorian practitioner number BS-U 61233, or Samira Eshaghi with practitioner number IN-PS 72538 to you (you/your) in relation to the services for poof fence safety inspections.
1.2 By sending the pool barrier booking request, you agree to engage us for your pool inspection services and agree to these terms and conditions.
2. OUR OBLIGATIONS
2.1 In providing our services, we refer your job to registered practitioners to ensure that the services are provided with reasonable skill, care and diligence and to the standards reasonably expected of a registered building practitioner in the category of a Pool Inspector performing services of a similar nature.
2.2 A registered Pool Inspector or Building Surveyor conduct the initial inspection of the Pool and Spa safety barrier against the requirements of the relevant standard identified by your local council.
2.3 Where a safety barrier meets the relevant standard requirements, the inspector will issue a Certificate of Barrier Compliance, and we will send you the certificate.
2.4 If a barrier does not meet the applicable barrier standard, the inspector will give the owner of the land on which the swimming pool or spa has located a notice in writing in accordance with item (2.6) of these terms.
2.5 In rarer circumstances, the inspector must immediately issue a certificate of pool and spa barrier non-compliance, e.g. where the owner is unlikely to bring the barrier into compliance with the applicable barrier standard.
2.6 The notice identified under item 2.4 will—
(a) state that the barrier must be brought into compliance with the applicable barrier standard and
(b) specify the matters in respect of which the barrier does not comply with the applicable barrier standard; and
(c) specify the date, being not more than 60 days after the owner receives the notice, by which the matters specified in paragraph (b) must be brought into compliance with the applicable barrier standard; and
(d) Send an Outlook calendar invitation specifying the date and time for the reinspection of the swimming pool and spa barrier for compliance with the applicable barrier standard.
2.7 Following the required reinspection of the barrier, if our inspector is satisfied that the barrier complies with the applicable barrier standard, the inspector must issue a certificate of pool and spa barrier compliance and give the certificate to the owner.
2.8 Following the required reinspection of the barrier, if our inspector is not satisfied that the barrier complies with the applicable barrier standard, the inspector must issue a certificate of pool and spa barrier non-compliance. Alternatively, if satisfied that progress has been made in bringing the barrier into compliance with the applicable barrier standard, the inspector will give notice in writing to the owner and give an additional seven days by which the relevant matters must be brought into compliance with the applicable barrier standard.
2.9 The Certificate of Compliance (Form 23) and barrier improvement notice are deemed to have been given and served if sent to the email address provided by you in your booking request. You may contact our office to follow up if you have not received the relevant documentation within 48 hours of our inspection.
2.10 We may engage other inspectors to complete your inspection services. We ensure the inspectors are reliable and accredited practitioners with valid professional indemnity insurance. Our office accepts no responsibility or liability for any issue that arises from an inspection carried out by those registered practitioners.
2.11 For remedial work on your barrier, we highly recommend reaching out to local professionals who specialise in this area and obtaining at least three quotes. If you choose to use our services, rest assured that we stand behind the quality of our work while we cannot guarantee our price. Our fees for remedial work may be higher than those of others in the market, but we believe they are justified by the level of expertise and experience we bring to the table.
3. OWNERS' OBLIGATIONS
3.1 The landowner on which a swimming pool or spa is located must demonstrate that the pool and spa safety barrier comply with the applicable standard.
3.2 The landowner on which a swimming pool or spa is located must take all reasonable steps to ensure that a barrier restricting access to the swimming pool or spa is maintained correctly.
3.3 The owner must give us a copy of the notice for registering the swimming pool or spa from the council showing the date of construction of the pool or spa and the relevant standards before the inspection.
3.4 The owner warrants the accuracy of the information given to us, including but not limited to the owner's name, address, phone number, and email address.
3.5 The owner agrees to provide the inspector unfettered access to the pool and associated safety barrier area during the inspection and will not obstruct the inspector in carrying out their functions.
3.6 The owner agrees to indemnify the inspector and agrees that the inspector acts with the owner's authority when carrying out his function.
3.7 The owner acknowledges that the owner must lodge the pool and spa barrier compliance certificate with the relevant council no more than 30 days after the certificate.
3.8 The owner acknowledges that the inspection will be terminated without a refund if a risk to the inspector becomes apparent or if the inspector is not treated with respect as we treat you with respect.
3.9 If the client decides to cancel the inspection, they must inform the inspector a minimum of 48 hours before the inspection. Otherwise, they will be liable to pay the inspection fee in full.
3.10 If the client reschedules the inspection time, they must inform the inspector a minimum of 48 hours before the inspection, or they will be liable to pay the inspection fee in full.
3.11 Based on regulation 265(c) of the Building Regulations 2018, we must receive remuneration for services as a building practitioner solely by the professional fee or other benefits specified in this engagement contract.
3.12 As part of the booking process, it is the owner's responsibility to pay for the inspection fee.
3.13 As the owner of a swimming pool or spa, it is your responsibility to pay $250 for the initial inspection unless we agree with a different fee. Please note that an additional fee of $125 will be charged if a reinspection is needed or if a certificate of pool and spa barrier non-compliance has to be issued. It is important to mention that this fee will only apply to any engagements initiated on or after September 30, 2023. The fees at the time of agreement will apply to any services provided before that date.
3.14 The owner agrees that additional fees will be applied for travel allowance if the property is located outside a 35km radius of the Melbourne CBD or for inspections outside business hours. The parties must agree to the fees before the booking.
3.15 The owner agrees to pay $200 if they fail to pay for our services, and we issue a payment claim and/or hourly rate of $220+GST for the adjudication process and recovering our outstanding fees under section 18(2) of the Building and Construction Industry Security of Payment Act 2002 (VIC).
3.16 The owner agrees that they receive all documents, including but not limited to the inspection reports and compliance certificates, by the email address provided to our office.
3.17 The owner agrees that they receive an Outlook calendar invitation to confirm the date and time of the inspection. You may contact our office to follow up if you have not received the Outlook invitation within 48 hours of your booking request.
3.18 The owner agrees that the time identified on the calendar invitation email is accepted and approved by the owner unless the request is declined within 48 hours of the email.
3.19 The owner agrees to indemnify and keep indemnified us from and against all suits, actions, claims or demands by any person for any loss, damages, expense or costs incurred in connection with our services.
3.20 The owner agrees that our liability shall be limited to the direct cost of pool inspection and not include any legal or other fees.
4. PAYMENT OF FEES
4.1 Payment for our services must be paid in full at the time of booking or in cash before the inspection. An invoice may also be sent.
Account name: Melbourne Pool Safety Inspection
Account Number: 10483937
Reference: Your property street number & street name, e.g. 26George
4.2 All Fees are listed on our website https://www.melbournepoolinspection.com.au/ or by mutual agreement.