PoolSS NSW Contractual Agreement: Terms & Conditions
Thank you for choosing Pool Safety Solutions. Your Booking is confirmed.
So Let’s Get Started.
You’ll Hear From Us
You’ve submitted your Contractual Agreement with your contact email and phone details, so we’ll contact you shortly to confirm your booking time and date. You may hear from us if we have questions.
Expect your Pool Safety Inspector to reach you within the next 48 hours. Inspections can take up to 45 minutes. You don’t need to be present – we just ask for easy access to your swimming pool area.
Sit Back & Relax
Your Inspector will take care of everything from here. We’ve got this.
So just enjoy a mocktail.
In the meantime, you can send an email to email@example.com if you have any questions.
For your records, following are the terms and conditions of our Contractual Agreement:
Owner: Also referred to as ‘You’, the ‘Property Owner’, ‘Authorised Representative, or ‘Individual’ requesting the services of Pool Safety Solutions.
Pool Safety Solutions: Also referred to as ‘I’, ‘Our’, ‘Us’ and ‘We’, the primary Service Provider, Employees and/or Affiliates.
Certifier: Also referred to as ‘Pool Inspector’, accredited under the Building and Development Certifiers Act and Regulation 2020, who, from the date of the Agreement, is authorised to carry out certification work including inspections of swimming pools and issuing certificates under the Swimming Pools Act 1992.
Agreement: Pool Safety Solutions issues a signed agreement via email outlining our scope of works, work method and limitations of service. For the purposes of this document, The Agreement may also be titled ‘Work’ or ‘Service’.
This is an agreement between the owner and certifier using the Pool Safety Solutions’ systems.
The owner seeks to engage the certifier to perform certification work on the address listed and does so though Pool Safety Solutions chosen portals.
These are the details of the pool inspector who will, at the date of the Agreement, carry out the certification work.
Name of Certifier Phil Commandeur
Registration Number BDC3009
Certifier’s Insurance Details
Name of Insurer Lloyds of London
Policy No/ Identifier 1608GL9394
Period of Cover 26/04/2021 to 26/04/2022
Date of Agreement
This Agreement commences from today
Fees must be paid before the certifier carries out the work described under ‘Description of Services’.
- A certificate is issued for every inspection.
- A fee of $79+GST is charged to cover the administration costs as well as time taken in lodging, acquiring and issuing your certificate for every pool and spa inspection.
- A fee of $99+GST is charged for every spa inspection.
- A fee of $99.50+GST is charged for the first swimming pool inspection.
- A fee of $199+GST is charged for every pool reinspection.
- The client acknowledges if the invoice goes past seven (7) days overdue, the debt will be forwarded to a debt collection agency where the debt collectors fee will be added to the invoice to recover debt recovery.
- Cancellation & Refund Policy available here> https://poolsafetysolutions.com.au/cancellation-refund-policy
Description of Services
The certifier will perform all work necessary to comply with relevant statutory requirements, including
- Inspecting the swimming pool and spa
- Assessing whether the swimming pool complies with the requirements for the issue of a certificate of compliance under S.22D of the Swimming Pools Act 1992
- Issuing a certificate of compliance to the owner if the swimming pool complies
- Issuing the following if the swimming pool is non-compliant:
– written notice under section 22E of the SP Act, and
– a certificate of non-compliance within two (2) days of the date of inspection.
- Providing a copy of the section 22E written notice to the relevant local council:
– immediately where, in the opinion of the Certifier, the pool poses a significant risk to public safety, or
– after six (6) weeks from the date of inspection unless a certificate of compliance is issued beforehand.
- If necessary, reinspecting the swimming pool, and issuing certificates and/or written notices, as appropriate.
- Updating the property record on the NSW Swimming Pool Register, as required
No Access. No Inspection
We maintain communications at every possible point through the terms of this agreement to access the property and conduct our inspection services. Should the owner not be available at the property or access is not available to the property, the certifier has the right to terminate their services with the fee of that service being charged to you.
The rescheduling of inspections and reinspections are subject to availability.
Additional Fees Due To Council Involvement
Due to the complex legal nature of pool compliance, an additional charge of $99+GST will be immediately incurred covering the administrative costs when council becomes involved. The owner cannot contract us for the purpose of disinformation or by deceitful means where council is involved.
Liabilities & Damages
We will not accept any liabilities or damages arising from our professional inspection services. According to pool safety legislation, the certifier must conduct strength and rigidity testing on the pool barrier with forces of up to 330Nm to approximately 33KG on posts and/or footings and up to 250Nm to approximately 25KG on sections between posts and/or footings. Damages as a result of this necessary testing is the owner’s responsibility.
Workplace Health & Occupational Safety
By signing this agreement, the owner notes they are responsible for the property and the area being inspected. This area is required to be kept safe and clear from risk and hazards such as dogs, slippery floors, sharp objects, exposed electricals etc. Should the certifier become injured due to these risks or hazards while performing professional inspection services, the owner is liable for full compensation regarding this.
Proof of Date of Construction
The owner is required to supply a proof of date as to when the pool and/ or barrier was constructed or proof of date if/ when any major alterations to the pool, pool fence or boundary fences were made. As per the Swimming Pools Act 1992, if proof of date is unable to be acquired, the pool barrier will be assessed with the Australian Standard AS1926.1-2012.
Important Information: The Inspection & The Report
The following forms an integral part of the report and must be read in conjunction with the entire report. By relying upon the contents of this report, you acknowledge the following clauses defining the scope and conditions of the inspection, form an integral part of the report.
The owner engages the certifier to inspect and reinspect the pool.
A certificate of compliance must be acquired when selling, buying or leasing a property with a regulated pool.
A certificate of compliance can only be issued once any defects mentioned within the report are completed in compliance with the pool safety standard.
Penalties of up to $5,500 may apply for pool non-compliance.
The pool owner may ask the certifier named in this report to reinspect the pool after the certificate of non-compliance is issued.
The relevant local Government authority must be notified of non-compliance six (6) weeks after this certificate is issued.
The local Government may take enforcement action, impose penalties or take other action.
This report is not an all-encompassing report dealing with pool construction, building or structure. It is a reasonable attempt to identify any obvious or significant defects apparent at the time of the inspection. Whether or not a defect is considered significant or not, depends, to a large extent, upon the age and type of barriers and fences inspected. This report is not a Pool Safety Certificate with the requirements of any Act, Regulation, Ordinance or By-law. It is not a construction, building or structural report. Should you require any advice of a construction, building or structural nature, you should contact a builder or structural engineer.
This is a visual inspection only, limited to those areas and sections of the property fully accessible and visible to the Inspector on the date of inspection. The inspection does not include breaking apart, dismantling, removing or moving objects including, but is not limited to, foliage, furniture, building elements, furnishings, appliances or personal possessions.
The inspector cannot see behind stored goods or concealed or obstructed area. The inspector does not dig, gouge, force or perform any other invasive procedures to areas.
You agree Pool Safety Solutions cannot accept any liability for failure to report a defect that was concealed by the owner of the pool being inspected and you agree to indemnify us for any failure to find such concealed defects.
If you fail to follow our recommendations, then you agree and accept you may suffer a financial loss and indemnify us against all losses you incur resulting from your failure to act on our advice.
You indemnify us in respect of any and all liability, including all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses of any nature, which may be incurred by, brought, made or recovered against us arising directly or indirectly from the unauthorised provision of the report by you to a person without our express written permission.
Disclaimer of Liability
No liability shall be accepted on an account of failure of the report to notify any problems in the area(s) or section(s) of the subject property physically inaccessible for inspection, or to which access for inspection is denied by or to the inspector (including but not limited to or any area(s) or section(s) so specified by the report).
Disclaimer of Liability to Third Parties
We will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any person other than you in connection with the use of the inspection report provided pursuant to this agreement by that person for any purpose or in any way, including the use of this report for any purpose connected with the sale, purchase, or use of the property or the giving of security over the property, to the extent permissible by law.
Glass panels in older fences or imported products may not necessarily comply with current glass safety standards AS1288. The inspection of glass falls outside of the scope of this inspection. In the interests of safety, a glazier needs to be consulted about glass panels and/or gates comply with the glass standard. Non-complying glass should be replaced with complying glass.
No inspection for asbestos is carried out at the property and no report on the presence or absence of asbestos is provided. If you have any questions, you should seek advice from a qualified asbestos expert.
Consumer Complaints Procedures
In the event of any controversy or claim arising out of, or relating to this report, either party must give written notice of the dispute to the other party. If the dispute is not resolved within ten (10) days from the service of the certificate, then the dispute shall be referred to a mediator nominated by the Inspector. Should the dispute not be resolved by mediation then either party may refer the dispute for resolution by arbitration. In the event any litigation is brought as a result of the inspection and/or report, you indemnify us against any legal fees and expenses incurred where you have not first allowed us the opportunity to visit the property to investigate the complaint and provide you with a written response within twenty-eight (28) days.
Contract attachment to NSWFairTrading Certifier Contract available >here