PoolSS VIC Contractual Agreement: Terms & Conditions 

This is an agreement between the Property Owner and Building Inspector (Pool Safety) facilitated by Pool Safety Solutions PTY LTD ACN 639 948 459 where the Owner seeks to engage the Inspector to perform certification 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 (the 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. When Pool Safety Solutions updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication.

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

Pool Safety Inspector Phil Commandeur
and
Owner

to locate, communicate, complete the administration including fees, arrange payments and deliver the services in a fast and secure manner (the 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
Agreement Pool Safety Solutions issues a signed agreement via email outlining scope of works, work method and limitations of Services.

Certificates
A Form 23 certificate of pool and spa barrier compliance must be acquired when selling, buying or leasing a property with a regulated pool.
A Form 23 certificate of pool and spa barrier compliance 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 24 certificate of pool and spa barrier non compliance must be issued.

Building Inspector (Pool Safety) Also referred to as ‘Pool Inspector’, registered under the Victorian Building Authority, 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 while complying with the code of conduct for building surveyors in Victoria.

Form includes any form issued under the Act or this Agreement.

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

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. The Owner may ask the Pool Inspector named in this Report to reinspect the pool after the Form 24 certificate of pool and spa barrier of non compliance is issued.

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

4. Registration
These are the details of the Pool Inspector who will, from the date of the Agreement, carry out the inspection work.

Pool Inspector Details

Pool Inspector Phil Commandeur
RegistrationNumber IN-PS 72714
Pool Inspector Insurance Details
Name of Insurer Lloyds of London
Policy No/ Identifier ARPI6029/ASR
Period of Cover 26/04/2022 to 26/04/2023

5. Fees & Payment Terms
Fees must be paid before the Pool Inspector carries out the work described under ‘ Services’.
1. A certificate is issued for every inspection.
2. 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.
3. A fee of $175+GST is charged for the first swimming pool or spa inspection.
4. A fee of $350+GST is charged for every pool or spa reinspection.
5. 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.
7. Cancellation & Refund Policy available here> https://poolsafetysolutions.com.au/cancellation-refund-policy

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 a Form 23 certificate of pool and spa barrier compliance under the Building Act 1993, Building Regulations 2018 and Swimming Pool & Spa Regulation 2019.
  • Issuing a Form 23 certificate of pool and spa barrier compliance to the Owner if the swimming pool complies
  • Issuing the following if the swimming pool is non compliant:
    – Form 24 certificate of pool and spa barrier non compliance (Swimming Pool & Spa Regulations 2019)
    – Notice 147ZG Building Amendment (Swimming Pool & Spa Regulations 2019)
    – Notice 147ZH Building Amendment (Swimming Pool & Spa Regulations 2019)
  • Providing a copy of the form to the relevant local council
    – immediately where, in the opinion of the Pool Inspector, the pool poses a significant risk to life or safety, or
    – after sixty seven (67) days from the date of inspection, unless a Form 23 certificate of pool and spa barrier compliance is issued beforehand.
  • If necessary, reinspecting the swimming pool, and issuing certificates, forms and/or written notices, as appropriate.

7. Consumer Complaints Procedures
In the event of any controversy or claim arising out of, or relating to the 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 laws of Victoria, 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 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.

9. 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.

10. 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.

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.

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 certificate of pool and spa barrier compliance 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 Australian act and 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 sixty (67) days after this certificate is issued. The local Government may take enforcement action, impose penalties or take other action.

12.1 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.

12.2 Rescheduling Inspections/ Reinspections
Rescheduling of inspections and reinspections are subject to availability.

12.3 Proof of Registration of Swimming Pool/ Spa
Law requires the Owner to supply a proof of registration as to when the pool and/ or barrier was constructed.

12.4 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.

12.5 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.

12.6 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 Section 22E.

12.7 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.

12.8 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.

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).

12.10 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.