Book Inspection

This is an agreement between the Property Owner and Pool Safety Inspector facilitated by Pool Safety Solutions PTY LTD ACN 639 948 459 where the Owner seeks to engage the Pool Inspector to perform pool safety compliance work on the address listed and does so through the website or any of its associated products or Services provided by Pool Safety Solutions.

1. Terms
Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies you have read, understood and agreed to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Service immediately.

Pool Safety Solutions reserves the right to review and change any of the Terms by updating this page at its own discretion. Any changes to the Terms take immediate effect from the date of their publication.

Welcome to the poolsafetysolutions.com.au website. The Website facilitates interactions between

Pool Safety Inspector
and
Owner

to locate, communicate, complete the administration including fees, arrange payments and deliver the services in a fast and secure manner (Services). Access to and use of the website or any of its associated products or Services is provided by Pool Safety Solutions. As the facilitator for your Pool Inspector, we are not in any way liable for any works performed by the Pool Inspector.

 2. Definitions 

Certificates
A Form 23 Pool Safety Certificate must be acquired when selling, buying or leasing a property with a regulated pool.
A Form 23 Pool Safety Certificate can only be issued once any defects mentioned within the Report are completed in compliance with the pool safety standard.
Where the pool safety standard is not in compliance, a Form 26 Nonconformity Notice must be issued.

Notice includes any notice issued under the Act or this Agreement.

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 and notices under the Queensland Building and Construction Commission while complying with the code of conduct in 246AZ of the Act.

Pool Safety Solutions Also referred to as 'I', 'Our', 'Us' and 'We', ‘Website’, the facilitator and/or Affiliates.Property Owner Also referred to as 'You', the 'Owner', Property Owner Authorised Representative, or 'Individual' requesting the services of Pool Safety Solutions and engaging the Pool Inspector to inspect and reinspect the pool.

This Agreement commences from today's date.

Fees must be paid before the Pool Inspector carries out the work described under ‘Services'.

1. A Form 23 Pool Safety Certificate or Form 26 Non-Conformity Notice must be issued for every inspection according to the outcome.
2. A fee of $199 incl GST is charged for the First Swimming Pool or Spa Inspection
3. A fee of $398 incl GST is charged for every Swimming Pool or Spa Reinspection
4. The Owner acknowledges if the Invoice goes past 30 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.
5. Cancellation & Refund Policy available here> https://poolsafetysolutions.com.au/cancellation-refund-policys

By Pool Safety Solutions offering the Services to you, you agree to all payments made in the course of your use of the Services are made using St George Payway. In using the Website, the Services or when making payments in any relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the St George Payway terms and conditions which are available on their website here> https://payway.stgeorge.com.au/about

6. Services

You may not use the Services and accept the Terms if you are

• not of legal age to form a binding contract with Pool Safety Solutions, or
• not legally authorised to do so

The Pool Inspector 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) days 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

7. Follow Up Inspection
You must have your pool reinspected within three (3) months by the same pool safety inspector. If you do not do this, the inspector must tell your local council where you can be fined for having a non-compliant pool fence according to Clause 8.6 of the QBCC Building industry and Policy.

Your contract with us legally lasts for 3 months. You may provide a written request to the QBCC for a change of pool inspector. 

In circumstances, such as if the inspector becomes ill or is unavailable for reasons preventing them from inspecting you, you can apply to the QBCC for another inspector to reinspect the pool within the 3-month period.

You cannot ask another inspector to inspect the pool and give you a pool safety certificate within three (3) months of receiving a nonconformity notice. Fines apply for doing this.

If you contract another inspector outside of Pool Safety Solutions within this period, we are legally required to alert the QBCC. You will be aware of this alert when you are notified by email.

8. 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 Pool 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.

9. State Jurisdiction Law
If legal matters such as breach of contract, debt recovery or tort (EG negligence) arise, such disputes, controversy, proceedings or claims or whatever nature arising out of or in any way relating to the Terms and the rights, created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Victoria, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

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 Owner. Please contact Director Phil Commandeur on 0434 035 119

12. 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 the Report, you acknowledge the following clauses defining the scope and conditions of the inspection, form an integral part of the Report.

It is an offence under the Building Act 1975 for the Owner to ask, within ninety (90) days after this notice is given, a person other than the named Pool Inspector to reinspect.

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 whether 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.

Due to the complex legal nature of pool compliance, an additional charge of $108.90 incl 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 of 246AB of the Building Act 1975.

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 Inspector become injured due to these risks or hazards while performing professional inspection services, the owner is liable for full compensation regarding this.

12.9 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 Pool Inspector (including but not limited to or any area(s) or section(s) so specified by the Report).

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 Report provided pursuant to this agreement by that person for any purpose or in any way, including the use of the 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.