Terms and Conditions

1. GENERAL

1.1 This agreement sets out the terms on which you engaged Victorian Building Surveyors Pty. Ltd, ACN 614 879 882 trading as Melbourne Pool Safety Inspection provides services, by Mr Joseph M Yousefi with Victorian practitioner number BS-U 61233, or Sam Eshaghi with practitioner number IN-PS 72538 to you (you/your) in relation to the services for poof fence safety inspections.

1.2 By accepting the engaging us for your pool inspection services, you agree to these terms and conditions.

2. OUR OBLIGATIONS

2.1 In providing our services, we will 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, a Certificate of Barrier Compliance will be issued by the inspector, 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) specify the date and time that the swimming pool and spa inspector proposes to reinspect the barrier to check if it complies 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 additional 7 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.

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.

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 complies 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 properly maintained.

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 and the relevant standards.

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 with 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 by no more than 30 days of the certificate.

3.8 The owner acknowledges that the inspection will be terminated without refund if a risk to the inspector becomes apparent.

3.9 If the client decides to cancel the inspection, they must inform the inspector a minimum of 48 hours before the inspection, and they will receive 50% of the inspection fee. Otherwise, they will be liable to pay the inspection fee in full.

3.10 If the client decides to reschedule 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.

3.11 The owner agrees to pay $250 for the first inspection and an additional $198 if reinspection is required or when we must issue a certificate of pool and spa barrier non-compliance.

3.12 The owner agrees that additional fees will be applied for travel allowance if the property is located outside a 35km radius from the Melbourne CBD or for inspections outside business hours. The parties must agree to the fees before the booking.

3.13 The owner agrees to pay the inspection fee at the time of booking.

3.14 The owner agrees that they receive all documents such as the inspection reports and certificates of compliance by the email address provided to our office.

3.15 The owner agrees that they receive a calendar invitation to confirm the date and time of the inspection.

3.16 The owner agrees that the time identified on the calendar invitation is accepted and approved by the owner unless the request is declined by the owner.

3.17 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.

3.18 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 fees must be made at the time of booking for inspection to the following bank account. Alternatively, an invoice will be sent to you by our inspector.

Account name: VBS PTY LTD
BSB: 066-131
Account Number: 10584141
Reference: Your property street number & street name, e.g. 26George

4.2 All Fees are as listed on our website https://www.melbournepoolinspection.com.au/ or by mutual agreement.