TERMS AND CONDITIONS OF SUPPLY OF SERVICES

DC Inspections Pty Ltd trading as DC Pest and Building Inspections ABN 64 617 762 839 (the “Consultant”)

1. GENERAL

These terms and conditions (the “Conditions”) apply to the provision of the report (the “Report” and also known as the “Inspection Report”) comprising the Property Report and the Timber Pest Report prepared by or on behalf of the Consultant in relation to the Building & Site requested by the Client. The Report is produced following an inspection of the Building & Site carried out by or on behalf of the Consultant. By placing or commencing an order online through the website dcpestandbuildinginspections.com.au, the Client requests the Consultant provide an Inspection Report in accordance with these conditions and the Client acknowledges that they have read and understood and agree to these Conditions

2. ACCEPTANCE

No binding contract shall exist until the Client’s order has been accepted in writing by the Consultant. It is the responsibility of the Client to ensure, when ordering, that the Report ordered from the Consultant is in conformity with the Client’s requirements. The Consultant may accept or decline any order in its absolute discretion. If the Consultant has accepted the Client’s order, the Consultant may subsequently (without any liability to the Consultant whatsoever) decline the order at any time.

3. ACCESSIBILITY

(a) Subject to clauses 3(a) and (b), the inspection undertaken in relation to the Report only covers the Readily Accessible Areas of the Building & Site.

(b) For strata and company title properties, the inspection is limited to the interior and the immediate exterior of the particular residence being inspected. Common property is not inspected as part of the Report.

(c) The inspection does not include areas which are inaccessible, not readily accessible or obstructed at the time of inspection. Areas which are not normally accessible are not inspected and include – but not limited to – the interior of a flat roof or beneath a suspended floor filled with earth. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include – but are not limited to – roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements or earth.

4. PROPERTY REPORT

(a). Purpose, Scope and Acceptance Criteria and other matters

i. The purpose of the inspection relating to the Property Report is to provide advice to the Client regarding the condition of the Building & Site at the time of inspection.

ii. The Property Report only covers or deals with any evidence of: Structural Damage; Conditions Conducive to Structural Damage; any Major Defect in the condition of Secondary Elements and Finishing Elements; collective (but not individual) Minor Defects; and any Serious Safety Hazard discernible at the time of inspection. The inspection is limited to the Readily Accessible Areas of the Building & Site and is based on a visual examination of surface work (excluding furniture and stored items), and the carrying out of Property Tests.

iii. In the Property Report the acceptance criteria against which the subject building will be assessed is: the building shall be compared with a building that was constructed in accordance with the generally accepted practice at the time of construction and which has been maintained such that there has been no significant loss of strength and serviceability.

iv. The Property Report assumes that the existing use of the building will continue.

v. The Property Report only records the observations and conclusions of the Consultant about the readily observable state of the property at the time of inspection. The Property Report therefore cannot deal with:

I.possible concealment of defects, including but not limited to, defects concealed by lack of accessibility, obstructions such as furniture, wall linings and floor coverings, or by applied finishes such as render and paint; and

II. undetectable or latent defects, including but not limited to, defects that may not be apparent at the time of inspection due to seasonal changes, recent or prevailing weather conditions, and whether or not services have been used some time prior to the inspection being carried out.

The matters outlined above in clause 4(a)v.I and II are excluded from consideration in the Property Report.

vi. If the Client has any doubt about the purpose, scope and acceptance criteria on which the Property Report is to be based please discuss your concerns with the Consultant before ordering the Report.

vii. The Client acknowledges that, unless stated otherwise, the Client as a matter of urgency should implement any recommendation or advice given in the Property Report.

 

(b). Limitations

The Client acknowledges in relation to the Property Report:

i. ‘Visual only’ inspections are not recommended. A visual only inspection may be of limited use to the Client. In addition to a visual inspection, to thoroughly inspect thei. Readily Accessible Areas of the property requires the Consultant to carry out when ever necessary appropriate Property Tests.

ii. The Property Report does not include the inspection and assessment of items or matters outside the scope of the requested inspection and report. Other items or matters may be the subject of a special-purpose inspection report, which is adequately specified (see clause 4(c)(Exclusions below).

ii. The Property Report does not include the inspection and assessment of items or matters that do not fall within the Consultant’s direct expertise.

iv. The inspection for the Property Report only covers the Readily Accessible Areas of the property. The inspection does not include areas, which were inaccessible, not readily accessible or obstructed at the time of inspection. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include – but are not limited to – roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements or earth.

v. Australian Standard AS4349.1-2007 Inspection of Buildings, Part 1: General Requirements recognises that a property report is not a warranty or an insurance policy against problems developing with the building in the future.

vi. The Property Report was produced for the use of the Client. The Consultant is not liable for any reliance placed on the report by any third party.

(c). Exclusions

The Client acknowledges that the Property Report does not cover or deal with:

i. any individual Minor Defect;

ii. solving or providing costs for any rectification or repair work;

iii. the structural design or adequacy of any element of construction;

iv. detection of wood destroying insects such as termites and wood borers;

v. the operation of fireplaces and chimneys;

vi. any services including building, engineering (electronic), fire and smoke detection or mechanical;

vii. lighting or energy efficiency;

viii. any swimming pools and associated pool equipment or spa baths and spa equipment or the like;

ix. any appliances such as dishwashers, insinkerators, ovens, stoves and ducted vacuum systems;

x. a review of occupational, health or safety issues such as asbestos content, the provision of safety glass or the use of lead based paints;

xi. a review of environmental or health or biological risks such as toxic mould;

xii. whether the building complies with the provisions of any building Act, code, regulation(s) or by-laws;

xiii. whether the ground on which the building rests has been filled, is liable to subside, swell or shrink, is subject to landslip or tidal inundation, or if it is flood prone; and

xiv. in the case of strata and company title properties, the inspection of common property areas or strata/company records.

Any of the above matters may be the subject of a special-purpose inspection report, which is adequately specified and undertaken by an appropriately qualified inspector.

5. TIMBER PEST REPORT

(a) Purpose, Scope and Acceptance Criteria and other matters

i.The purpose of the inspection relating to the Timber Pest Report is to assist the Client to identify and understand any Timber Pest issues observed at the time of inspection.

ii. The Timber Pest Report only deals with the detection or non detection of Timber Pest Attack and Conditions Conducive to Timber Pest Attack discernible at the time of inspection. The inspection is limited to the Readily Accessible Areas of the Building & Site and is based on a visual examination of surface work (excluding furniture and stored items), and the carrying out of Timber Pest Tests

iii. In the Timber Pest Report, the building being inspected is to be compared with a similar building. To the Consultant’s knowledge the similar building used for comparison was constructed in accordance with generally accepted timber pest management practices and has since been maintained during all its life not to attract or support timber pest infestation. If the building is not comparable to a similar building (e.g. due to unusual design or construction techniques), then the inspection shall be based on the general knowledge and experience of the Consultant.

iv. The Timber Pest Report assumes that the existing use of the building will continue.

v. The Timber Pest only records the observations and conclusions of the Consultant about the readily observable state of the property at the time of inspection. The Timber Pest Report therefore cannot deal with:

I. possible concealment of defects, including but not limited to, defects concealed by lack of accessibility, obstructions such as furniture, wall linings and floor coverings, or by applied finishes such as render and paint; and

II. undetectable or latent defects, including but not limited to, defects that may not be apparent at the time of inspection due to seasonal changes, recent or prevailing weather conditions, and whether or not services have been used some time prior to the inspection being carried out.

These matters outlined above in clause 5(a)v.I and II are excluded from consideration in the Timber Pest Report.

vi. If the Client has any doubt about the purpose, scope and acceptance criteria on which the Timber Pest Report is to be based please discuss your concerns with the Consultant before ordering the Report.

vii. The Client acknowledges that, unless stated otherwise, the Client as a matter of urgency should implement any recommendation or advice given in the Timber Pest Report.

(b) Limitations

The Client acknowledges in relation to the Timber Pest Report:

i. The Timber Pest Report does not include the inspection and assessment of matters outside the scope of the Timber Pest Report set out in clause 5(a)ii.

ii. The inspection for the Timber Pest Report only covers the Readily Accessible Areas of the Building & Site. The inspection does not include areas which were inaccessible, not readily accessible or obstructed at the time of inspection. Obstructions are defined as any condition or physical limitation which inhibits or prevents inspection and may include – but are not limited to – roofing, fixed ceilings, wall linings, floor coverings, fixtures, fittings, furniture, clothes, stored articles/materials, thermal insulation, sarking, pipe/duct work, builder’s debris, vegetation, pavements or earth.

ii. The detection of drywood termites may be extremely difficult due to the small size of the colonies. No warranty of absence of these termites is given.

iv. European House Borer (Hylotrupes bajulus) attack is difficult to detect in the early stages of infestation as the galleries of boring larvae rarely break through the affected timber surface. No warranty of absence of these borers is given. Regular inspections including the carrying out of appropriate tests are required to help monitor susceptible timbers.

v. The Timber Pest Report is not a structural damage report. Neither is it a warranty as to the absence of Timber Pest Attack.

vi. If the inspection is to be limited to any particular type(s) of timber pest (e.g. subterranean termites), then this would be the subject of a special-purpose inspection report, which is adequately specified. The Timber Pest Report is not such a special-purpose inspection report.

vii. The Timber Pest Report does not cover or deal with environmental risk assessment or biological risks not associated with Timber Pests (e.g. toxic mould) or occupational, health or safety issues. Such advice may be the subject of a special-purpose inspection report which is adequately specified and must be undertaken by an appropriately qualified inspector. The choice of such additional separate inspection is a matter for the Client.

vii. The Timber Pest Report was produced for the use of the Client. The Consultant is not liable for any reliance placed on the report by any third party.

(c) Exclusions

The Client acknowledges that the Timber Pest Report does not cover or deal with timber pest preventative or treatment measures, or provide costs for the control, rectification or prevention of attack by timber pests. However, this additional information or advice may be the subject of a timber pest management proposal which is adequately specified. The Timber Pest Report is not such a timber pest management proposal.

6. NO ALTERATIONS AND CANCELLATIONS

(a) No order for the Report may be suspended, cancelled or amended unless the Consultant’s agreement in writing is obtained and if the Consultant agrees to suspend, cancel or amend any order the Client will be liable for all costs incurred by the Consultant to date.

(b) No alterations or modifications to these Conditions shall be binding on the Consultant unless consented to in writing by a duly authorised officer of the Consultant.

(c) The Consultant may, at any time and in its sole discretion, vary, alter or modify these Conditions by notice in writing to the Client.

7. PRICE AND PAYMENT TERMS

The Price for the Services is $449.00 payable as follows:

(a) $50 is payable the date the Consultant accepts the order for the Report; and

(a) $449.00 on the date:

i. subject to clause 8(a), where the Client or a Related Party of the Client is the legal or beneficial owner of the Property as at the date the Consultant provides the Report to the Client, 3 months after the date the Consultant provides the Report to the Client; and

ii. subject to clause 8(b),where the Client or a Related Party of the Client enters into an agreement to purchase the Property or that contains an option to purchase the Property, the date the Client or a Related Party of the Client enters into an agreement to purchase the Property or that contains an option to purchase the Property.

Subject to clause 8, the Client will not be entitled to make any deduction of any nature whatsoever or any set-off or counter-claim from the Price to be paid by it for the Report.

8. PARTIAL PRICE WAIVER AND RELIANCE

(a) Where the Client or a Related Party of the Client is the legal or beneficial owner of the Property and within 3 months after the date the Consultant provides the Report to the Client another client of the Consultant has purchased the Report from the Consultant and has paid the Consultant the full $449.00 Price for the Report, then the Consultant waives the requirement for the Client to pay the portion of the Price in clause 7(a).

(b) Where the Client, is not the legal or beneficial owner of the Property as at the date the Consultant provides the Report to the Client and the Client or a Related Party of the Client does not at any time enter into an agreement to purchase the Property or that contains an option to purchase the Property, then the Consultant waives the requirement to pay the portion of the Price in clause 7(b).

(c) Until the Client has paid the full $449.00 Price for the Report, the Consultant will not issue the Report in the Client’s name (any Report issued before this time will be issued without the name of any client). Notwithstanding the rest of these Conditions the client may not rely on the Report in any way unless and until:

1. the Client has paid (and the Consultant has received) the second instalment of $449.00 for the Report in accordance with clause 7(b); and

2. the Consultant has issued the Report.

9. VARIATIONS OF PRICE ETC

Where the Consultant has not yet accepted an order from the Client, the Consultant shall be entitled at any time and without notice to the Client to adjust the Price, the payment terms and any other provision of these Conditions. Where the Consultant has yet accepted an order from the Client, the Consultant shall be entitled without notice to the Client to adjust the Price and the payment terms set out in these Conditions for any reason before the Report has been provided by providing the Client with notice of that change.

10. GOODS AND SERVICES TAX

In these Conditions; “GST” means the goods and services tax as provided for by the A New Tax System (Goods and Services Tax) Act 1999 as amended or replaced from time to time and any associated legislation; and GST is included in the Price.

11. INTEREST ON UNPAID MONIES

(a) The Consultant may charge the Client interest on any amount not paid by the Client to the Consultant by the due date as provided in these Conditions and on any interest that is capitalised as provided in clause 11(b) at a rate per annum equal to the rate from time to time charged by the Consultant’s principal bankers for unsecured overdrafts of more than $100,000 for the relevant period or such other equivalent rate as may be determined by the Consultant in its sole discretion from time to time.

(b) The interest payable under Clause 11(a) accrues from day to day on the unpaid balance of any monies outstanding by the Client to the Consultant as provided in these Conditions from the due date for payment up to the actual date of payment and the interest payable under clause 11(a) may be capitalised by the Consultant at monthly intervals.

(c) The Client acknowledges that the rate of interest and the amount chargeable under this clause 11 is a genuine pre-estimate of the minimum loss and liquidated damages which will be sustained by the Consultant in the event of non payment for any Goods as and when required under these Conditions and the said interest payment is not a penalty.

12. DEFECTIVE REPORT

Without limiting the obligations of the Consultant at law:

(a) If the Client alleges a Report provided to them by the Consultant to be defective, the Client must notify the Consultant of the defect within 24 hours of the Report being provided to them (time being of essence) and, if the Consultant accepts the Report as defective, the Consultant will, at the discretion of the Consultant, be replaced free of charge or the portion of the Price paid by the Client to the Consultant will be refunded (such replacement or refund being at the discretion of the Consultant and the Consultant reserves the right (but not the obligation) to re-inspect Building & Site prior to determining making such determination).

(b) It is the responsibility of the Client to inspect the Report promptly after it has been provided by the Consultant.

(c) In no case shall any claim under this clause 12 exceed the Price.

13. LIABILITY AND WARRANTIES

(a) Except as expressly provided in these Conditions, and subject to clause 13(b), the Consultant makes no warranty or representation in relation to the inspection of the Building & Site or the Report (unless set out in writing by the Consultant) and all statutory and other warranties, promises or representations however made or given whether express or implied as to the state, quality, acceptability or suitability of the inspection of the Building & Site or the Report or the fitness for purpose of inspection of the Building & Site or the Report are expressly negatived and excluded to the fullest extent allowed by law.

(b) These Conditions will not be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods or services pursuant to these Conditions of all or any of the provisions of the Competition and Consumer Act 2010 or the Australian Consumer Law or the provisions of any equivalent statute, or act of any State or Territory of the Commonwealth of Australia which by law cannot be excluded, restricted or modified and which applies to the inspection of the Building & Site and the sale of the Report to the Client by the Consultant.

(c) Subject to clauses 13(b) and (d), the Consultant will not under any circumstances be liable to the Client or any other person or entity related to or associated with the Client for any loss or damage suffered or incurred by the Client or any such associated person in relation to the inspection of the Building & Site or the Report or in relation to the delivery or failure or delay in the inspection of the Building & Site or the provision of the Report (including, but not limited to, any indirect or consequential or incidental loss, costs, damages or expenses of any nature whatsoever including, but not limited to, loss of profits, loss of savings, or loss arising from negligence or neglect or any other loss in any case and whether such losses are direct, indirect, consequential or otherwise).

(d) In the event that the Consultant incurs a liability to the Client pursuant to the Competition and Consumer Act 2010 or the Australian Consumer Law or any other legislation in force from time to time, the Consultant limits its liability to the fullest extent permitted by law to such of the following as the Consultant may determine in its sole discretion:

a. cancelling the order for the inspection and/or the order provision of the Report; or

b. replacement of the Report (which may or may not include the (re)inspection of the Building & Site; or

c. a refund of any part of the Price received by the Consultant; or

d. the cost of having another inspection of Building & Site undertaken and/or another property inspection report prepared.

(e) The Consultant shall not be liable for failure to perform any duty or obligation that the Consultant may have under these Conditions, where such failure has been caused by inclement weather, industrial disturbance, inevitable accident, inability to obtain labour or transportation, or any cause outside the reasonable control of the Consultant.

14. SEVERABILITY

If the whole of any part of a provision of these Conditions is void, unenforceable or illegal in a jurisdiction that provision or part thereof is read down to the extent necessary to give it a valid operation. If a provision or part of it cannot be read down then that provision or part thereof is deemed to be void and severable and the remainder of these Conditions continues to be valid and enforceable. This clause 14 has no effect if the severance alters the basic nature of these Conditions or is contrary to public policy.

15. WAIVERS AND REMEDIES

(a) Failure to exercise or delay in exercising on the part of the Consultant any right, power or privilege hereunder and no course of dealing between the parties hereto will operate as a waiver of any such right, power or privilege or of any breach or default by the Client hereunder.

(b) Any leniency, indulgence or extension of time which may be granted by the Consultant to the Client will not prejudice any of the Consultant’s rights in any way, nor will they constitute a novation of these Conditions or waiver of any of the Consultant’s rights.

(c) To the fullest extent to which it may from time to time be lawful so to do, the provisions of all statutes whether now existing or hereafter coming into force and operating directly or indirectly to lessen or otherwise modify or vary or effect in favour of the Client its obligations hereunder will be and the same are hereby expressly waived, negatived and excluded from these Conditions.

16. ENTIRE AGREEMENT

These Conditions constitute the entire agreement between the parties hereto and no variation of or addition to the terms and conditions hereof will be binding unless otherwise agreed in writing by the Consultant and the Client.

17. NOTICES

Any notice or other notification required to be given in relation to these Conditions must be in writing and will be deemed duly served three days after it is mailed postage prepaid or by registered mail or by security post or one day after transmission by facsimile or email by either party to the other party at its address shown herein or last known business address or relevant facsimile number or email address.

18. JURISDICTION AND PROPER LAW

These Conditions will be governed in accordance with the law in force in the State of New South Wales and any applicable Federal Legislation and the parties hereby submit to the non-exclusive jurisdiction of the Courts of New South Wales and to any Federal Courts.

19. APPROPRIATION

The Consultant in its sole and absolute discretion may appropriate any payment made by or on behalf of the Client or collected by the Consultant (its servants or agents) on behalf of the Client to any cause of indebtedness as may be owed by the Client to the Consultant.

20. COSTS

In the event of a breach by the Client of any term of these Conditions, the Client will be liable to and hereby indemnifies the Consultant against all costs, charges and expenses incurred by the Consultant as a consequence of that breach including but not limited to all legal costs, charges and expenses incurred and calculated on a solicitor and own client basis.

21. DEFINITIONS

In these Conditions:

Conditions means the terms and conditions.

Conditions Conducive to Structural Damage means noticeable building deficiencies or environmental factors that may contribute to the occurrence of Structural Damage.

Conditions Conducive to Timber Pest Attack means noticeable building deficiencies or environmental factors that may contribute to the presence of Timber Pests.

Consultant means DC Inspections Pty Ltd trading as DC Pest and Building Inspections ABN 64 617 762 839.

Client means the person or persons, who placed the order for Inspection Report with the Consultant and to whom the Consultant Inspection Report provided the Inspection Report.

Building & Site means the inspection of the nominated residence together with relevant features including any car accommodation, detached laundry, ablution facilities and garden sheds, retaining walls more than 700 mm high, paths and driveways, steps, fencing, earth, embankments, surface water drainage and stormwater run-off within 30 m of the building, but within the property boundaries. In the case of strata and company title properties, the inspection is limited to the interior and immediate exterior of the nominated residence and does not include inspection of common property. However in relation to the Timber Pest Report the term Building & Site is extended to include the main building (or main buildings in the case of a building complex) and all timber structures (such as outbuildings, landscaping, retaining walls, fences, bridges, trees and stumps with a diameter greater than 100 mm and timber embedded in soil) and the land within the property boundaries up to a distance of 50 metres from the main building(s).

Finishing Elements means the fixtures, fittings and finishes applied or affixed to Primary Elements and Secondary Elements such as baths, water closets, vanity basins, kitchen cupboards, door furniture, window hardware, render, floor and wall tiles, trim or paint. The term ‘Finishing Elements’ does not include furniture or soft floor coverings such as carpet and lino.

Major Defect means a defect of significant magnitude where rectification has to be carried out in order to avoid unsafe conditions, loss of utility or further deterioration of the property.

Major Safety Hazard means any item that may constitute an immediate or imminent risk to life, health or property resulting directly from Timber Pest Attack. Occupational, health and safety or any other consequence of these hazards has not been assessed.

Minor Defect means a defect other than a Major Defect.

Primary Elements means those parts of the building providing the basic loadbearing capacity to the Structure, such as foundations, footings, floor framing, loadbearing walls, beams or columns. The term ‘Primary Elements’ also includes other structural building elements including: those that provide a level of personal protection such as handrails; floor-to-floor access such as stairways; and the structural flooring of the building such as floorboards.

Property Report means report described in clause 4.

Property Tests means where appropriate the carrying out of tests using the following procedures and instruments:

(a). Dampness Tests means additional attention to the visual examination was given to those accessible areas which the consultant’s experience has shown to be particularly susceptible to damp problems. Instrument testing using electronic moisture detecting meter of those areas and other visible accessible elements of construction showing evidence of dampness was performed.

(b). Physical Tests means the following physical actions undertaken by the consultant: opening and shutting of doors, windows and draws; operation of taps; water testing of shower recesses; and the tapping of tiles and wall plaster.

Readily Accessible Areas means areas which can be easily and safely inspected without injury to person or property, are up to 3.6 metres above ground or floor levels, in roof spaces where the minimum area of accessibility is not less than 600 mm high by 600 mm wide and subfloor spaces where the minimum area of accessibility is not less than 400 mm high by 600 mm wide, providing the spaces or areas permit entry. The term ‘readily accessible’ also includes:

(a). accessible subfloor areas on a sloping site where the minimum clearance is not less than 150 mm high, provided that the areas is not more than 2 metres from a point with conforming clearance (i.e. 400 mm high by 600 mm wide); and

(b). areas at the eaves of accessible roof spaces that are within the consultant’s unobstructed line of sight and within arm’s length from a point with conforming clearance (i.e. 600 mm high by 600 mm wide).

Related Party means a spouse, de facto spouse, child, step-child, grandchild, parent, grandparent and a child, step-child, grandchild, parent and grandparent of a spouse or a de facto spouse and a company, trust or other entity of which any of them are a director, shareholder, beneficiary or which is effectively controlled by any of them.

Secondary Elements means those parts of the building not providing loadbearing capacity to the Structure, or those non-essential elements which, in the main, perform a completion role around openings in Primary Elements and the building in general such as non-loadbearing walls, partitions, wall linings, ceilings, chimneys, flashings, windows, glazing or doors.

Serious Safety Hazard means any item that may constitute an immediate or imminent risk to life, health or property. Occupational, health and safety or any other consequence of these hazards has not been assessed.

Structural Damage means a significant impairment to the integrity of the whole or part of the Structure falling into one or more of the following categories:

(a). Structural Cracking and Movement – major (full depth) cracking forming in Primary Elements resulting from differential movement between or within the elements of construction, such as foundations, footings, floors, walls and roofs.

(b). Deformation – an abnormal change of shape of Primary Elements resulting from the application of load(s).

(c). Dampness – the presence of moisture within the building, which is causing consequential damage to Primary Elements.

(d). Structural Timber Pest Damage – structural failure, i.e. an obvious weak spot, deformation or even collapse of timber Primary Elements resulting from attack by one or more of the following wood destroying agents: chemical delignification; fungal decay; wood borers; and termites.

Structure means the loadbearing part of the building, comprising the Primary Elements.

Timber Pest Attack means Timber Pest Activity and/or Timber Pest Damage.

Timber Pest Activity means telltale signs associated with ‘active’ (live) and/or ‘inactive’ (absence of live) Timber Pests at the time of inspection.

Timber Pest Damage means noticeable impairments to the integrity of timber and other susceptible materials resulting from attack by Timber Pests.

Timber Pest Instrument Testing means where appropriate the carrying out of Timber Pest Tests using the following techniques and instruments:

(a). electronic moisture detecting meter – an instrument used for assessing the moisture content of building elements;

(b). stethoscope – an instrument used to hear sounds made by termites within building elements;

(c). probing – a technique where timber and other materials/areas are penetrated with a sharp instrument (e.g. bradawl or pocket knife), but does not include probing of decorative timbers or finishes, or the drilling of timber and trees; and

(d). sounding – a technique where timber is tapped with a solid object.

Timber Pest Report means report described in clause 5.

Timber Pest Tests means additional attention to the visual examination was given to those accessible areas which the Consultant’s experience has shown to be particularly susceptible to attack by Timber Pests. Timber Pest Instrument Testing of those areas and other visible accessible timbers/materials/areas showing evidence of attack was performed.

Timber Pests means one or more of the following wood destroying agents which attack timber in service and affect its structural properties:

(a). Chemical Delignification – the breakdown of timber through chemical action.

(b). Fungal Decay – the microbiological degradation of timber caused by soft rot fungi and decay fungi, but does not include mould, which is a type of fungus that does not structurally damage wood.

(c). Wood Borers – wood destroying insects belonging to the order ‘Coleoptera’ which commonly attack seasoned timber.

(d). Termites – wood destroying insects belonging to the order ‘Isoptera’ which commonly attack seasoned timber.

22. Interpretation

For these Conditions, unless the context otherwise requires:

(a). a reference to: one gender includes the others; the singular includes the plural and the plural includes the singular; a person includes a body corporate; and a party includes the party’s executors, administrators, successors and permitted assigns;

(b). any statutory provision includes: any amended or re-enacted version of it from time to time; and any replacement statutory provision;

(c). “including” and similar expressions are not words of limitation;

(d). where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;

(e). headings do not form part of these Conditions or affect its interpretation;

(f). if an act must be done on a specified day which is not a business day, it must be done instead on the next business day;

(g). if the Client consists of more than one person, any obligations imposed upon the Client shall be joint and several obligations and if the Client consists of more than one person, these Conditions binds each person separately and any two or more of them jointly; and

(h). any obligation, representation or warranty made in favour of more than one person is for the benefit of them separately and jointly.