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.

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 Ben Commandeur
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.
 

Definitions
Agreement Pool Safety Solutions issues a signed contractual agreement via email outlining scope of works, work method and limitations of Services.
 

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.

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.

 
Date of Agreement
This Agreement commences from today's date.
 
Pool Inspection
These are the details of the Pool Inspector who will, from the date of the agreement, carry out the pool safety inspection work.
 
Pool Safety Inspector Details
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                                  12/04/2020 to 12/04/2022
 
Fees & Payment

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 is issued for every inspection according to the outcome.
  2. 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
  3. 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
  4. A fee of $ 99+GST is charged for every spa inspection.
  5. A fee of $ 99.50+GST is charged for the first swimming pool inspection
  6. A fee of $199+GST is charged for every pool reinspection
  7. 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.
  8. 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 

 
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

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.

 
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.

Electronic Signatures
The parties agree they have the right to execute this Agreement through electronic signature technology pursuant to the Electronic Transactions Act 1999 (Cth). The parties agree to the extent they sign electronically, their electronic signature is the legally binding equivalent to their handwritten signature. If either party would like a paper copy of this Agreement, a copy may be requested from Pool Safety Solutions.

Declaration

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

 

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.
 
The 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. The 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.
 
Inspections are onsite only, limited to those areas and sections of the property fully accessible and visible to the Pool 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 Pool Inspector cannot see behind stored goods or concealed or obstructed areas. The Pool Inspector does not dig, gouge, force or perform any other invasive procedures to areas.
 
You agree Pool Safety Solutions and the Pool Inspector 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 Pool Safety Solutions and the Pool Inspector for any failure to find such concealed defects.
 
If you fail to follow the recommendations within the Report according to the QBCC and Australian standards, 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.
 
The relevant local Government authority must be notified of non-compliance ninety (90) days after this certificate is issued. The local Government may take enforcement action, impose penalties or take other action.Rescheduling
 
Inspections/ Reinspections
Rescheduling of inspections and reinspections are subject to availability.The Owner must ask the Pool Inspector named in the Report to reinspect the pool within ninety (90) days after the Form 26 Non-Conformity Notice is issued.
 
The Pool Inspector must notify the relevant local Government authority if the Owner does not ask the Pool 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 ninety (90) days after this notice is given, a person other than the named Pool Inspector to reinspect.
 
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 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.
 
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 whether 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.
 
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.
 
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 Inspector become injured due to these risks or hazards while performing professional inspection services, the owner is liable for full compensation regarding this.
 
Liabilities & Damages
We will not accept any liabilities or damages arising from our professional inspection services. According to pool safety legislation, Pool 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.
 
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).
 
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 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
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