Terms and Conditions
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, 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
2.1In providing our services, we will 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 or Building Surveyor 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.
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 gives 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 landowner on which the swimming pool or spa is located must apply to the relevant council to register the swimming pool or spa.
3.4 The owner must give us a copy of the notice for registering the swimming pool or spa from the council.
3.5 The owner warrants the accuracy of the information given to us, including but not limited to the owners' name, address, phone number, and email address.
3.6 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.
3.7 The owner agrees to indemnify the inspector and agrees that the inspector acts with the owner’s authority when carrying out his function.
3.8 The owner acknowledges that the owner must lodge the pool and spa barrier compliance certificate with a relevant council by no more than 30 days of the certificate.
3.9 The owner acknowledges that the inspection will be terminated without refund if a risk to the inspector becomes apparent.
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 $220 for the first inspection 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 to pay the inspection fee at the time of booking.
3.13 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.
3.14 The owner agrees, 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:
Account name: VBS PTY LTD
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.