PoolSS QLD Contractual Agreement: Terms & Conditions
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.
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 Ben Commandeur
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.
These are the details of the Pool Inspector who will, from the date of the agreement, carry out the pool safety inspection work.
Name of Pool Safety Inspector Ben Commandeur
Registration Number PS15243062
Pool Safety Inspector Insurance Details
Name of Insurer Lloyds of London PI AR
Policy No/ Identifier ARPI7852/ASR
Period of Cover 12/04/2022 to 12/04/2023
Fees must be paid before the Pool Inspector carries out the work described under ‘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 $ 41 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 $ 79+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 $120+GST is charged for the first swimming pool or spa inspection
- A fee of $240+GST is charged for every pool or spa reinspection
- The Owner 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
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
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. 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.
8. Governing Law
The Terms are governed by the law of Queensland, Australia. Any dispute, controversy, proceeding or claim 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 Queensland, 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.
9. Electronic Signatures
By signing this Agreement, I acknowledge I have read, acknowledge, understand and agree to the Terms as stated here and you are the authorised person to do so. I also acknowledge I have freely chosen to engage the Pool Inspector and read the terms and any documents accompanying this Agreement and understand the roles and responsibilities of Pool Safety Solutions, the Owner or legal representative for the Owner, and the Pool Inspector
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
11. 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.
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 Inspector has the right to terminate their services with the fee of that service being charged to the Owner.Dividing FenceIf 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.
Rescheduling of inspections and reinspections are subject to availability. The Owner must ask the Pool Inspector named in the Report to reinspect the pool or spa within ninety (90) days after the Form 26 Non-Conformity Notice is issued.
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.
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).