Terms & Conditions
- Orders: Orders for Inspections and Reports can be made by telephone, by email or by fax.
- Information: We will undertake the inspection of the Strata records using the information You provide.
- Payment: Payment is required at the time that the Inspection is ordered.
- Payment Method: Payment can be made by credit card or internet banking.
- Cancellations: We require 24 hours notice for cancellations or You will be charged the full Inspection Fee.
- Cancellation Method: Cancellation can be made by telephone, by email or by fax.
- Sample Report: You confirm that you, or your Solicitor or Conveyancer, has seen a sample of our Report on our website, or elsewhere, and acknowledge that you are satisfied with the aspects covered in the Sample Report and the extent of reporting in the Sample Report which is similar to the Report you have received.
- Records: The information contained in this Strata Report has been obtained entirely from an inspection of the Owners Corporation’s records provided to us at the time of our inspection. We are unable to warrant that all of the Owners Corporation’s records were provided to us at the time of our inspection or that the information contained in those records is accurate and cannot accept liability for anything omitted from this Strata Report because that information is contained in the records of the Owners Corporation not provided to us for inspection or for anything which is inaccurate because of inaccuracies in the information contained in the Owners Corporation’s records provided to us for inspection or in statements made to us by the Chairperson, Secretary, Treasurer or Managing Agent of the Owners Corporation.
- Correspondence: This Strata Report only reports on information contained in the Owners Corporation’s correspondence provided to us for inspection going back one year and in other records of the Owners Corporation provided to us for inspection going back seven years. If you wish us to report on information contained in correspondence older than one year and in records older than seven years this can be done at an extra charge.
- Building Report: This Strata Report does not address those matters normally addressed in Building Inspection Reports and Pest Inspection Reports and should not be used as a substitute for such reports. We strongly recommend that a Building Inspection Report and a Pest Inspection Report be obtained prior to the purchase of any property. This Strata Report is based solely on an inspection of the records of the Owners Corporation provided for our inspection and we do not carry out any physical inspection of the unit or of the building.
- Work in Progress: You should be aware that in some cases Strata Managers hold a "Pending" or "Work in Progress" (WIP) file which is not made available for strata inspection. Important information which may be contained in such files will not appear in this Strata Report where the files have not been provided to us at the time of inspection.
- Council Orders: Where the Owners Corporation’s records provided for our inspection contain a notice or order from Council requiring fire safety or occupational health and safety upgrade works to be undertaken this information is included in this Strata Report. However the absence of a notice or order from the Owners Corporation’s records should not be taken as indicating that the building complies with the Building Code of Australia in regard to these matters. We recommend strongly that you speak to your solicitor or conveyancer about checking on these matters with Council and, where appropriate, consultants qualified in these areas. It is not unusual for Councils to issue fire upgrade orders or notices on Owners Corporations and compliance can be very expensive.
- Easements: The existence or absence of easements, rights of way and the like are outside the scope of this Strata Report. This information should be obtained from the title of the unit and of the common property through your solicitor or conveyancer.
- Building Work: We strongly recommend inquiry be made of Council, either directly by you or through your solicitor or conveyancer, to determine whether Council is considering any proposals for building or development work that may be detrimental to the use or occupation or value of this property and whether there are any outstanding notices or orders against the Owners Corporation. Enquiry about outstanding notices or orders against the Owners Corporation should also be made of Sydney Water. Unless this information is contained in the Owners Corporation’s correspondence records within the last twelve months which have been provided for our inspection the existence or absence of any such proposals, notices and orders will not be included in or form part of this Strata Report.
- Paid Invoices: Unless otherwise stated, paid invoices dated earlier than the commencement of the current financial year are not inspected and reported on in this Strata Report.
- Pest Inspection: The pest inspection industry standard is that pest inspections should be carried out every 6 to 12 months. If we report on the existence of a Pest Inspection Report among the Owners Corporation’s records, the existence or contents of that Report should not be relied on if it is more than 6 months old.
- Concrete Cancer: Where this Report states that evidence was sighted in the Owners' Corporations' records made available at the time of the Inspection indicating that concrete cancer (concrete spalling) has been and/or is present within the buildings comprising the Strata Scheme, due to the recurring nature of concrete cancer and the high cost of repair, this Company strongly recommends that a Building Inspection Report is obtained prior to the purchase of any Lot within this Strata Scheme.
- Termites: Where this Report states that evidence was sighted in the Owners' Corporations' records made available at the time of the Inspection indicating that termites (white ants) have been and/or are present within the buildings comprising the Strata Scheme, this Company strongly recommends that a Pest Inspection Report is obtained prior to the purchase of any Lot within this Strata Scheme.
- Magnesite: Substantial problems are emerging in relation to the use of magnesite, a levelling product applied to the surfaces of concrete floors in unit buildings before the floorcovering is installed. Damage to the concrete has been found to occur as a result of the chemical reaction between the magnesite and the concrete if the magnesite becomes wet. Costs involved in the removal of the magnesite, repair to the concrete floor and replacement of the existing floorcovering can be in the order of tens of thousands of dollars for each unit. Please note that unit owners and the Owners Corporation are often unaware of the presence of magnesite under floorcoverings and its associated damage. This company strongly recommends the engagement of an appropriate experienced Consultant to determine the possible presence and condition of magnesite to the floors within the Strata Scheme.
- All Records: This Company cannot guarantee that all of the records of the Owners' Corporation dated prior to the date of appointment of the current Strata Managing Agent were made available at the time of the Inspection.
- Self Managed: In the case of self-managed Strata Schemes, this Company cannot guarantee that all of the records of the Owners' Corporation were made available at the time of the Inspection.
- Recommendations: Where we have made recommendations in the Report in relation to any aspects of the property, these recommendations must be undertaken BEFORE the purchase proceeds. Should you not complete ALL the recommendations made in this Report, our Company will not responsible for and cannot be held liable for any defects that become apparent as a result of the recommendations not being undertaken or any costs of repairs as a result of the recommendations not being undertaken.
- Verbal Report: This Report overrides any verbal report provided by our inspectors or any conversation that may take place between our inspectors and the Client. In accordance with the Australian Standards noted in this Report, we strongly recommend that you do not exchange contracts on the strength of a verbal report with the inspector and that every section of the Report is thoroughly read before the purchase proceeds.
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Disputes: In the event of any dispute or claim arising out of, or relating to the Inspection or the Report, or any alleged negligent act or omission on our part or on the part of the individual conducting the Inspection, either party must give written Notice of the dispute or claim to the other party. If the dispute is not resolved within 21 days from the service of the Notice then this Company will refer the dispute or claim to a Mediator nominated by Us. Should the dispute or claim not be resolved by mediation then this Company will refer the dispute or claim to the Institute of Arbitrators and Mediators of Australia who will appoint an Arbitrator who will resolve the dispute by arbitration. The mediation and arbitration fees will be shared equally by the Company and the Client. The Client is required to forward half of the cost of the mediation and arbitration fees to the Company before the mediation and arbitration is commenced. The Arbitrator will also determine what costs each of the parties are to pay. Please note carefully that no repairs to the property can be undertaken before any dispute is resolved.
- Vexatious Claims: You must read every section of the Report before you consider making a claim against our Company. A vexatious claim is defined by the Courts as a claim that is without merit, ill conceived and/or fraudulent. Should we categorise your claim as being without merit, ill conceived and/or fraudulent, please note carefully that our response to your claim will incur a cost.
- Reliance on Report: In the event of any dispute or claim arising out of, or relating to the Inspection or the Report, or any alleged negligent act or omission on our part or on the part of the individual conducting the Inspection, you may rely on the Report to make a claim, however, you are required to rely on every part of the report and you cannot be selective in the parts of the Report that you rely on.
- Acceptance of Report: The Client agrees that they accept the report with all the conditions stated therein. Should the Client not agree to any condition in this Report, a written Notice must be received in the Company's registered office within 7 days of the date of the Report.
- Disclaimer of Liability to Third Parties: This Report is made for the use and benefit of the Client named on the front of the Report and no liability or responsibility whatsoever is accepted to any third party who may rely on the Report, wholly or in part. Any third party seeking to rely or acting in reliance on this Report, whether in whole or in part, does so at their own risk.