Terms of Service  

Terms of Service  - City Building Inspections

1. Engagement

a)        These Terms of Service apply to your engagement of RCS Ltd, trading as City Building Inspections (“we”, “us”, “our”), to carry out a building inspection and provide a written report (“the report”).

b)        By accepting a booking and agreeing to these Terms of Service, you engage us to carry out the requested inspection of the property.

c)        Inspections are scheduled and undertaken on the basis that these Terms of Service form a binding agreement between the parties.

d)        We may update these Terms of Service from time to time.

2. Scope

a)        The purpose of the inspection is to identify visible areas of interest or concern and to provide an impartial overview of the property’s general state, to assist you in forming your own view regarding maintenance and repair considerations.

b)        The inspection is a visual, non-invasive inspection only. It does not include moving furniture, lifting floor coverings, removing linings, or accessing concealed cavities, and provides a professional opinion based on conditions observed at the time of inspection.

c)         For body corporate, cross-lease, company title, or other multi-unit properties, the inspection is limited to the interior and immediate exterior of the unit inspected unless otherwise agreed in writing.

d)         Outbuildings or ancillary structures not specifically included in the booking are considered outside the scope of inspection.

3. Limitations

a)        The inspection is limited to areas that were reasonably accessible and safe to inspect at the time. Defects may exist in concealed, obstructed, or inaccessible areas that were not visible during the inspection.

b)        The inspection does not include dismantling, removing, moving, or disturbing any materials, fixtures, fittings, furnishings, insulation, stored items, or personal possessions.

c)        The inspection does not assess performance over time or under conditions not present at the time of inspection.

d)        You acknowledge that the report may not identify defects that are not reasonably apparent to an experienced building inspector undertaking a visual examination.

4. Matters Outside Scope

a)        The inspection and report do not cover or deal with:

o   Structural design or engineering adequacy.

o   Electrical, plumbing, drainage, gas, HVAC, or fire services.

o   Appliances or mechanical equipment.

o   Hazardous materials.

o   Swimming pools, spas, or associated equipment.

o   Compliance with the Building Act, Building Code, or council requirements.

o   Ground conditions, geotechnical stability, flooding, or seismic risk.

b)        Where items outside scope are visible, they may be referred to for general context only. Such references do not constitute inspection, testing, certification, or assessment and do not extend the scope of inspection.

5. Cancellation

a)         Where the Inspector attends the property and carries out the inspection, the full inspection fee is payable, regardless of whether the report is ultimately required or delivered.

b)        Where an inspection is cancelled on the day of the scheduled inspection, or where access to the property is not available at the agreed time, 50% of the inspection fee remains payable.

6. Payment

a)        Release of the report is conditional upon payment of the inspection fee, unless otherwise agreed in writing.

b)        Where a report is released prior to payment, full payment is due within five days of invoice.

c)        Otherwise, all fees are due within five days of invoice.

d)        Where a fixed or quoted fee has been provided, it is based on the information supplied by the client regarding the size, configuration and scope of the property.
If the actual property materially differs from the information provided, including but not limited to additional dwellings, significant outbuildings, larger floor area, restricted access, or complexity beyond what was reasonably disclosed, we reserve the right to adjust the fee accordingly.
Where this becomes apparent on site, the Inspector will advise you as soon as reasonably practicable before proceeding further.

e)        Overdue accounts may incur interest calculated daily at our bank’s unarranged commercial overdraft rate plus 5% per annum.

f)          A late payment administration fee of $95 may be charged on overdue invoices.

g)         You agree to reimburse all reasonable costs incurred in recovering overdue payments, including legal and collection costs.

7. Use and Reliance

a)        The report is prepared solely for you, the named client, and for the stated purpose.

b)        You may not assign or transfer the benefit of this agreement or allow any third party to rely on the report without our prior written consent.

c)        No responsibility or liability is accepted to any third party who relies on the report in whole or in part.

d)        We retain all intellectual property rights and copyright in the report. You are granted a non-exclusive, non-transferable licence to use the report solely for the purpose for which it was commissioned.

8. Limitation of Liability

a)        To the maximum extent permitted by law, our liability to you arising from the inspection, report, or services provided is limited, at our option, to the resupply of the service or a refund of the inspection fee paid.

b)        We are not liable for repair or rectification costs, loss of value, or any indirect or consequential loss.

c)        Nothing in these Terms of Service limits or excludes any rights you may have under the Consumer Guarantees Act 1993.

d)        Any alleged property damage must be notified to us in writing as soon as reasonably practicable, and in any event within two (2) working days of the inspection.

9. Privacy and Information Use

You authorise us to collect and retain information necessary to provide our services, communicate with you, manage accounts, and enforce our rights under this agreement, in accordance with the Privacy Act 2020.

10. Force Majeure

We shall not be liable for any delay or failure to perform our obligations where such delay or failure is caused by circumstances beyond our reasonable control.

11. General

a)        If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions remain in full force and effect. A failure to enforce any right does not constitute a waiver of that right.

b)        If you have any concerns regarding the service or the report, the parties agree to discuss the matter in good faith with a view to resolving it prior to initiating any formal legal or tribunal proceedings.

12. Client Statement

a)        I confirm that I have read and accept the above Terms of Service.

b)        I now engage City Building Inspections to undertake the requested building inspection and report.