These are the terms and conditions on which Home and Pool Inspectors of Queensland ABN 30 134 798 502 (including our contractors) (HPIQ, us, we, our) will provide the Pool Safety Inspection (Inspection), Pool Safety Inspection Report (Report) and any repairs (Repairs), (together, the Services) to you. These terms and conditions and the on-line Booking Form that you have completed on our website form an agreement between us and you. In this agreement, you or your means the person stated as the “Pool Owner” in the Booking Form (which is also your Tax Invoice and Tax Receipt). Other capitalized terms have the same meaning as set out in the Booking Form.
1. Services. You have asked us to provide to you the Services set out in the attached Booking Form. We may, in our sole discretion, provide the Services to you. We may at any time decline to visit the pool or provide any part of the Services to you. We will refund to you the amount you paid (if any) for the Services that we have not provided to you.
2. Inspection time. You agree to be at the pool at the scheduled inspection time (as confirmed by us) and to pay any waiting or cancellation fees if you are not.
3. Scope of Services. The scope of the Inspection is limited to a visual inspection, applying pressure by hand to the fence and opening and shutting the gates to check compliance with the Building Act, 1975 (Act). The Report is strictly limited to determining whether the Pool is a complying pool under the Act at the time of the inspection and providing you with details of our findings. We might make minor repairs to the pool. The sole purpose of those repairs is ensuring that the pool is, in our opinion, a complying pool under the Act. All other matters are specifically excluded regardless of whether or not they are within our expertise.
4. The Report is:
a. not a warranty or an insurance policy against problems developing with the pool in the future; and
b. for your sole use. We are not liable for any reliance placed on the Report by any third party.
5. Recommendations. You acknowledge that you should as a matter of urgency implement any recommendation or advice given in the Report.
6. Exclusions. We do not:
a. consider possible concealment of defects;
b. consider undetectable or latent defects;
c. conduct a review of environmental or health or biological risks such as toxic mould;
d. consider whether the ground on which the pool or its surrounds rests has been filled, is liable to subside, swell or shrink, is subject to landslip, earthquakes or tidal inundation, or if it is flood prone;
e. consider the quality of the construction of the pool or its surrounds (including any retaining wall);
f. consider the quality, performance, suitability or serviceability of any equipment, machinery or filtration systems used in connection with the pool;
g. check for wood destroying insects such as termites and woodborers; or
h. consider whether an equipotential bond has been connected to any metal structures (including the pool fence).
Accordingly, we accept no liability for any loss or harm suffered by you in connection with any of the above matters.
7. Liability. To the maximum extent permitted by law, our liability (including that of our directors, officers, employees and contractors) to you under this agreement is limited to the amount paid by you to us.
8. Pests and Equipotential Bonds. We recommend that you also have your pool inspected by a qualified:
a. pest inspector regardless of the materials used in its construction; and
b. electrician for the purposes of assessing whether you need an equipotential bond connected to any metal structures. In general, metal pool fences and support structures situated closer that 1250mm to swimming pools might require connection of an equipotential bond (joining together earthed metalwork so that it is at the same potential or voltage everywhere).
9. Conformity Notices. You agree that we may, in our sole discretion, issue you with a:
a. Pool Safety Nonconformity Notice - Form 26; or
b. Pool Safety Conformity Notice (or Pool Safety Certificate) - Form 23.
10. Payment. You agree to pay us (by direct deposit into our account) at least three (3) days before the first scheduled visit the aggregated total of the amounts due for the items you have selected in the online Booking Form as shown in the “On-line Prepaid Discount Rate” column. The Booking Form is also a self generating Tax Invoice. The price includes a discount for pre-payment. You must pay us the full amount of the On-line Prepaid Discount Rate before we arrive at the pool to get this discount. If you do not then you agree to pay our Standard Rate (as shown in the Booking Form) for our Services (that is, the amount not including the preaid discount). If you do not pay us within 30 days of our first visit to the pool then you further agree to pay us a late payment fee of $50 for the first reminder and then 2%/month thereafter. You agree to pay in full our costs incurred in recovering the amount you owe us (including collection, court filing and legal fees).
11. Audits. If the Government audits your Pool Area then you agree to let us know when you are contacted by the auditor, schedule the audit visit at a time that suits us, you and the auditor and allow us access to the Pool Area during the audit.
12. Cancellation fees. You may cancel your booking for free if you give us 24 hours notice. If you do not then you agree to pay us a cancellation fee of $90.
14. General. These terms and conditions and the Booking Form you have completed on-line are the whole agreement between you and us. No other document or representation is part of this agreement. Headings are included for ease of reference and have no meaning. If any part of this agreement is found to be void, unlawful, or unenforceable then that part will be severed from the agreement and the severed part will not affect the validity and enforceability of any remaining provisions. This agreement is governed by the laws of Queensland. You and we submit to the non-exclusive jurisdiction of the courts of Queensland.