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Terms and Conditions

SafeSpark Electrical Inspection terms and conditions

1. These terms and conditions govern the electrical inspection services that SafeSpark will provide to you. You must use the contact page on our website that you accept the terms and conditions before SafeSpark will provide the electrical inspection services.

2. The terms and conditions cover:

2.1 The scope of SafeSpark’s inspection;

2.2 limitations on the resulting inspection report; and

2.3 SafeSpark’s terms of trade

Intellectual property

3. The inspection report is the intellectual property of, and upon creation the copyright vests in, SafeSpark.

Inspection report personal to you

4. The inspection report will be prepared exclusively for you. You agree that the inspection report is personal to you and shall not be assigned or disclosed or distributed (other than disclosed or distributed to professional advisors) without the written permission of the SafeSpark.

5. SafeSpark accepts no liability to any person other than you. Any third party relying on the contents of the inspection report does so at their own risk and SafeSpark disclaims any liability for any loss (direct or consequential), cost or damage resulting.

Limitation of liability

1. To the extent permitted by legislation, if SafeSpark becomes liable to you, for any reason, for any loss, damage, harm or injury in any way connected with the completion of the inspection and/or the resulting report, its liability shall be limited to a sum not exceeding five times the fee paid, or payable, to SafeSpark.

2. SafeSpark will not be liable to you for any consequential loss of whatever nature suffered by you or any other person injured, and you agree to indemnify SafeSpark in respect of any claims concerning any such loss.

Payment

1. You are responsible for paying SafeSpark’s fee. An invoice is sent with the inspection report. Total payment is required within 3 days of receipt of the invoice. An additional service charge of $100 will be added to any debt collection fees.

2. You must pay SafeSpark default interest compounding monthly on all monies due but unpaid, for the period from the expiry of the time provided for payment until actual payment. The right to default interest is additional to any other remedy that SafeSpark may be entitled to. The rate of default interest is 7% per month.

3. SafeSpark is entitled to recover from you, on an indemnity basis, all costs and expenses, including legal costs on a solicitor/client basis, incurred in connection with the recovery of any amount due and payable by you to SafeSpark.

Cancellation Fee

A cancellation fee may be charged by SafeSpark if an inspection is cancelled within 24 hours of the time arranged. The amount of the cancellation fee is $150 including GST and is recorded on SafeSparks website on the Pricing page.

Site Re-check Fee

4. Your engagement of SafeSpark allows for one site visit per inspection. If, for any reason, you request an additional site visit, it will incur a site re- check fee of $175 including GST. The amount of the site re-check fee is recorded on SafeSparks website on the Pricing page.

Consumer Guarantees Act

5. Nothing in these terms and conditions limits your rights under the Consumer Guarantees Act 1993.

Scope of the inspection - visual inspection only

1. The scope of SafeSpark's inspection is limited to a visual inspection of the components of the building that the inspector has reasonable access to and that are in the inspector's clear line of sight.

"When conducting an inspection Safespark will need to open the switchboard to check the integrity of the cabling. For the safety of our technicians we will require the power to be isolated. Safespark does not carry any responsibility for faults accrued by isolation of the power to the property".

"If we open up the switchboard during the inspection and the cables are damaged, Safespark accepts no responsibility for the repairs of unsafe cabling".

"While conducting the inspection if SafeSpark sees anything that is electrically unsafe we have the right to isolate any unsafe electrical works at the discretion of the inspector”.

2. The inspection will not include:

Examination of any areas or components which are concealed or closed behind finished surfaces or which require the moving of anything which impedes access or limits visibility (such as floor coverings, furniture, appliances, personal property, vehicles, vegetation, debris or soil);

Multi-unit property

3. In a multi-unit property, the inspection and resulting report will only cover the condition of the interior and accessible parts of the immediate exterior of the unit and any related accessory units.

Reasonable access to be provided

4. You agree to ensure that reasonable access can be gained to the property, including but not limited to the roof cavity and foundation spaces and any such spaces if they exist are cleared for an inspection to be carried out.

5. 'Reasonable access' means access that is safe, unobstructed and which has a minimum clearance of 600mm for a roof cavity and 500mm for a floor cavity.

For safety reasons, access to the exterior of any roof surface for inspection purposes will only occur if:

6.1 the Weather is fine;
6.2 the Roof is dry;
6.3 the roof slope does not exceed 35°; and 6.4 the roof height does not exceed 2m.

7. Any area of the property that cannot be reasonably accessed will not be inspected and will be excluded from any inspection report. The report will state the areas that could not be inspected.

Scope of the inspection report

1. The inspection report should be seen as a reasonable attempt to identify any significant fault or defect visible at the time of the inspection, rather than an all encompassing report dealing with the building from every aspect. The reporting of any significant fault or defect is on an exceptional basis.

2. We define significant fault or defect as 'a matter that requires substantial repairs or urgent attention and rectification'.

3. We will address the significant fault and/or defect in the summary section of the inspection report as maintenance or remedial work.

Limitations of the inspection report

4. The inspection report is intended only as a general guide to help you make your own evaluation of the overall condition of the electrics in the property and is not intended to reflect any value of works on the premises.

5. The inspection report expresses the opinions of the inspector, based on his or her examination of the conditions that existed at the time of the inspection only.

6. The inspection and resulting report are not intended to be technically exhaustive, or to imply that every component was inspected, or that every possible defect was discovered.

7. All electrical components and conditions which, by the nature of their location are concealed, deliberately hidden, camouflaged or difficult to inspect are excluded from the report.

8. Any suggestions or recommendations contained in the inspection report are suggestions only and it is the responsibility of the person or persons carrying out any electrical work to ensure that the most appropriate remedy is carried out in conjunction with any further discoveries, warranties or manufacturer's recommendation and warranties, and any necessary local authority concerns conveyed prior to proceeding with remedial work.

9. The inspection and resulting report should not be construed as a compliance inspection of any building, legal or territorial authority standards, codes or regulations. The inspection report does not constitute any express or implied warranty of merchantability, fitness for use or habitation, or building code compliance and it should not be relied upon as such. Any opinions expressed regarding adequacy, capacity, or extended life of components are general statements based on information about similar components and occasional variations are to be expected between such estimates and actual experience.

10. You accept that the inspector will not detect some faults because:

10.1 The fault only occurs intermittently.
10.2 Part of the building has not been used for a while and the fault usually occurs after regular use (or detection of the fault would only occur after regular use).
10.3 The fault has been deliberately concealed.
10.4 Furnishings are obscuring the fault.
10.5 We have been given incorrect information by you, or the vendor, or the real estate consultant, or any other person with access to the property.
10.6 The fault is/was not apparent on a visual inspection.

Disputes

1. Should any dispute arise as a result of the inspection or resulting report, it must be submitted to SafeSpark in writing immediately.

2. You agree that upon raising a dispute, the contents of the inspection report may not be used to satisfy any terms of a sale and purchase agreement until the disagreement/dispute has been resolved.

3. You agree that if, after raising a dispute, you used the inspection or resulting report to make an unconditional offer or confirm the sale and purchase agreement, that you waive all of your rights to continue with the dispute, and/or raise any future dispute or claim about the inspection or resulting report with SafeSpark.

4. In the event of a claim/dispute regarding damage to a building, you will allow SafeSpark to investigate the claim prior to any repairs being undertaken or completed. You agree that if you do not allow SafeSpark to investigate the claims of damage before any repairs are carried out, that you waive your rights to continue with and/or make any claims against SafeSpark.

I agree to the terms and conditions