PoolSS QLD Contractual Agreement: Terms & Conditions 

 

Contractual Agreement between

Pool Safety Inspector                        
Ben Commandeur

and

The Owner

Definitions
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.
Pool Safety Inspector: Also referred to as ‘Pool Inspector’, under the Building Act 1975, Building Regulation 2006, Building Code of Australia, Australian Standard 1926.1-2007 and Australian Standard 1926.2-2007 and Mandatory Part 3.4 of the Queensland Development Code, who, from the date of the Agreement, is authorised to carry out pool inspection work including inspections of swimming pools and issuing certificates under the Queensland Building and Construction Commission.
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’.

Introduction
This is an agreement between the owner and pool safety inspector using the Pool Safety Solutions’ systems. The owner seeks to engage the pool safety inspector to perform pool safety work on the address listed and does so through Pool Safety Solutions’ chosen portals.

The Pool Safety Inspector’s Details
These are the details of the pool safety inspector who will, from the date of the agreement, carry out the pool safety inspection work.

Pool Safety Inspector’s Details
Name of Pool Safety Inspector         Ben Commandeur
Registration Number                         PS15243062
Pool Safety Inspector’s Insurance Details
Name of Insurer                                 Lloyds of London PI AR
Policy No/ Identifier                           ARPI7852/ASR
Period of Cover                                  12/04/2020 to 12/04/2022

Date of Agreement
This Agreement commences from today’s date.

Fees

Fees must be paid before the pool safety inspector carries out the work described under ‘Description of Services’.

  • A Form 23 Pool Safety Certificate or Form 26 Non-Conformity Notice is issued for every inspection according to the outcome.
  • A fee of $39 GST FREE is charged to cover Government Fees issuing your Form 23 Pool Safety Certificate for every compliant pool or spa inspection
  • A fee of $39 including GST ($35.46+GST) is charged issuing your Form 26 Non-Conformity Notice to cover the administration costs as well as time taken in lodging, acquiring and issuing your notice for every non-compliant pool or spa inspection
  • A fee of $149+GST is charged for every pool or spa inspection.
  • A fee of $79+GST is charged for every pool or spa reinspection when booked within six (6) months of the first inspection.
  • 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-policys

Description of Services
Pool Safety Solutions 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 Form 23 Pool Safety Certificate under MP3.4
  • Issuing a Form 23 Pool Safety Certificate to the owner if the swimming pool complies
    Issuing the following if the swimming pool is non-compliant:
    – Form 26 Non-Conformity Notice within two (2) days of the date of inspection.
  • Providing a copy of 26 Non-Conformity Notice to the relevant local council:
    – immediately where, in the opinion of the pool safety inspector, the pool poses a significant risk to public safety, or
    – after ninety (90) from the date of inspection unless a Form 23 Pool Safety Certificate is issued beforehand.
  • If necessary, reinspecting the swimming pool, and issuing certificates and/or notices, as appropriate.
  • Updating the property record on the QLD 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 pool safety inspector has the right to terminate their services with the fee of that service being charged to the owner.

Rescheduling Inspections/ Reinspections
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. This clause does not apply when providing a copy of Form 26 Non-Conformity Notice.

Liabilities & Damages
We will not accept any liabilities or damages arising from our professional inspection services. According to pool safety legislation, inspectors 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 is 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 pool safety inspector become injured due to these risks or hazards while performing professional inspection services, the owner is liable for full compensation regarding this.

Dividing Fence
If the dividing fence is acting as a pool barrier, the owner is required to seek approval from their neighbour/s to access the neighbouring property/ies. If we are unable to access the neighbouring property/ies to fulfil the inspection, the owner will be issued with a Form 26 Non-Conformity Notice to arrange access for a reinspection.

Note to Sales Agents & Conveyancers: without a contractual agreement with the Owner, you are unable to legally act, make decisions on behalf of and represent the property owner. Please contact Director Phil Commandeur on 0434 035 119s

By signing this contractual agreement, I acknowledge I have read, acknowledge, understand and agree to the Terms & Conditions as stated here in the Pool Safety Solutions Agreement and you are the authorised person to do so.

I also acknowledge I have freely chosen to engage the pool safety inspector and read the terms and conditions and any documents accompanying the contractual agreement and understand the roles and responsibilities of the owner or legal representative for the owner, and the pool safety inspector.

 

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 pool safety inspector to inspect and reinspect the pool.
A pool safety certificate must be acquired when selling, buying or leasing a property with a regulated pool.
A pool safety certificate can only be issued once any defects mentioned within the report are completed in compliance with the pool safety standard.
Penalties of up to $2,356 may apply for pool non-compliance.

The pool owner must ask the pool safety inspector named in this report to reinspect the pool within three (3) months after the non-conformity notice is issued.

The pool safety inspector must notify the relevant local Government authority if the owner does not ask the pool safety inspector to reinspect the pool within three months after this notice is issued. The local Government may take enforcement action, impose penalties or take other action.

It is an offence under the Building Act 1975 for the owner to ask, within three (3) months after this notice is given, a person other than the named inspector to reinspect.

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 CAUTION
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.

ASBESTOS DISCLAIMER
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 Notice 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.

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