BUILDING + PEST INSPECTION TERMS AND CONDITIONS
1. The agreement
These Terms and Conditions apply to building and pest inspection services supplied by BLACK & WHYTE PTY LTD, ABN 67 686 265 752, trading as BLACK + WHYTE Inspections (“BLACK + WHYTE”, “we”, “us” or “our”).
The person purchasing the inspection or report is referred to as the Client.
By completing a booking or purchasing access to a report, the Client confirms that they have read, understood and accepted these Terms and Conditions.
2. The service
BLACK + WHYTE will conduct the inspection selected at checkout and prepare a written inspection report for the nominated property.
Depending on the service purchased, this may include:
a pre-purchase building inspection;
a timber pest inspection;
photographs of relevant observations;
recommendations for further investigation; and
a walkthrough video where included in the selected service.
The report records conditions that were visible and reasonably accessible at the property at the date and time of inspection.
3. Nature of the inspection
The inspection is a visual and non-invasive inspection.
We do not cut, dismantle, remove, damage, disturb or penetrate building materials and are not required to move furniture, stored items, floor coverings, insulation, vegetation, appliances or personal belongings.
Only areas that are safe and reasonably accessible at the time of inspection will be inspected.
4. Areas that cannot be inspected
An area may be excluded where access is prevented or restricted by circumstances including:
locked doors or gates;
furniture, stored goods or fixed coverings;
insufficient roof-space or subfloor clearance;
unsafe heights, roof conditions or access points;
wet weather or adverse conditions;
animals, occupants or other hazards;
insulation, vegetation or construction materials; or
any condition the inspector reasonably considers unsafe.
Significant access limitations identified during the inspection will be recorded in the report where reasonably possible.
The Client acknowledges that defects or timber pest activity may exist within concealed or inaccessible areas.
5. Items not included
Unless expressly agreed in writing, the inspection does not include:
destructive or invasive testing;
engineering calculations or structural certification;
pest treatment or eradication;
asbestos, mould, contamination or hazardous-material testing;
electrical, plumbing, gas or drainage compliance testing;
swimming-pool or spa compliance;
surveying, boundaries, easements or encroachments;
strata records, title searches or council records;
building approval or development consent searches;
market valuation;
repair quotations or precise repair-cost estimates;
verification or certification of smoke alarms, safety switches or appliances;
soil, geotechnical or environmental assessment; or
certification that the property complies with legislation, codes or Australian Standards.
The report is not a certificate of compliance, warranty, insurance policy or guarantee against future defects.
6. Timber pest inspection limitations
A timber pest inspection is non-invasive and is limited to evidence visible and reasonably accessible at the time of inspection.
The absence of visible evidence does not guarantee that termites, borers, fungal decay or other timber pests are not present.
Environmental conditions and timber pest activity can change after an inspection.
Where treatment, monitoring or further investigation is recommended, the Client should consider acting on that recommendation promptly.
7. Client responsibilities
The Client must:
provide the correct property address and contact information;
select the appropriate service and property category;
arrange permission and access with the owner, agent or occupier;
inform us of any auction, cooling-off, exchange or other relevant purchasing deadline;
identify any particular areas or concerns they want considered; and
provide information reasonably required to perform the inspection.
The Client remains responsible for obtaining any legal, financial, engineering or specialist advice relevant to their property purchase.
8. Property category and pricing
Pricing is based on the property details and service selected during checkout.
If the property is materially different from the category selected — including additional dwellings, significant outbuildings, unusual access requirements or substantially greater size — BLACK + WHYTE may contact the Client before proceeding with a revised price.
The Client may accept the revised price or cancel the booking, subject to any reasonable costs already incurred with the Client's agreement.
9. Access failure
If the inspection cannot proceed because access has not been arranged, keys are unavailable, the property is unsafe or access is otherwise prevented, BLACK + WHYTE may:
reschedule the inspection;
charge reasonable additional travel or attendance costs; or
refund the amount paid less reasonable costs already incurred.
10. Payment
Payment is required at checkout unless otherwise agreed in writing.
A booking may not be considered confirmed until:
payment has been successfully processed;
the required property details have been received; and
inspection access has been arranged or confirmed.
Prices displayed are in Australian dollars unless otherwise stated.
11. Rescheduling and cancellation
The Client should contact BLACK + WHYTE as soon as possible if they wish to cancel or reschedule an inspection.
Unless otherwise agreed:
More than 24 hours before the inspection: cancellation or rescheduling may be made without charge.
Within 24 hours: BLACK + WHYTE may deduct reasonable costs already incurred or committed.
After the inspection has commenced: the inspection fee will generally remain payable.
Nothing in this clause limits any rights the Client may have under the Australian Consumer Law.
12. Report delivery
BLACK + WHYTE aims to deliver completed reports within 24 hours following the inspection, subject to:
payment being cleared;
inspection access being completed;
the scope and complexity of the property; and
circumstances reasonably outside our control.
Any urgent contractual deadline must be disclosed before booking.
Delivery before an auction, cooling-off expiry, exchange deadline or other contractual deadline is not guaranteed unless expressly confirmed by BLACK + WHYTE.
13. Who may rely on the report
A newly commissioned report is prepared for the Client who purchased the inspection.
The Client may provide the report to people assisting them with their own property transaction, including their:
spouse or joint purchaser;
solicitor;
conveyancer;
lender;
insurer; or
other professional adviser.
Providing the report to a permitted recipient does not create a separate right of reliance for that person except where required by law or expressly agreed by BLACK + WHYTE.
Another prospective purchaser or unrelated third party must not rely upon the report unless they obtain authorised access directly from BLACK + WHYTE and accept the applicable Terms and Conditions.
The report must be read as a whole, including all findings, photographs, qualifications, exclusions, limitations and recommendations.
14. Passing on, copying and distribution of reports
The Client receives the report for the purposes of their own property transaction.
The Client must not, without BLACK + WHYTE's prior written approval:
sell or resell the report;
charge another person for access to the report;
commercially distribute the report;
publish the complete report publicly or online;
upload the complete report to a public database, marketplace or similar service;
provide the report to another prospective purchaser for the purpose of allowing that person to rely upon it; or
represent that another person has a right to rely upon the report.
This clause does not prevent the Client from providing the report to the permitted recipients described in clause 13 for the purposes of the Client's own transaction.
If another prospective purchaser wishes to obtain or rely upon the report, they should obtain authorised access directly from BLACK + WHYTE.
15. Authorised resale of completed reports
By commissioning an inspection and accepting these Terms and Conditions, the Client acknowledges and agrees that BLACK + WHYTE may retain and subsequently use the completed inspection report after it has been supplied to the Client.
BLACK + WHYTE may:
retain the completed report and associated inspection records;
reproduce and securely store the report;
redact personal or identifying information where appropriate;
advertise that an existing inspection report is available for the property;
supply, licence, sell or resell the completed report to another person with a legitimate interest in the property; and
receive payment from another person for access to or use of the completed report.
A subsequent purchaser may include another prospective purchaser, property owner, investor, adviser or other person with a legitimate interest in the property.
BLACK + WHYTE may determine the price at which subsequent access to the report is offered.
The original Client is not entitled to a refund, rebate, royalty, commission or other payment arising from a subsequent sale, resale, licence or supply of the report.
A subsequent purchaser's right to rely upon the report arises directly between BLACK + WHYTE and that purchaser and is subject to the Terms and Conditions accepted by that purchaser.
BLACK + WHYTE may decline to resell a report or require a new inspection where the age of the report, changes to the property or other circumstances make resale inappropriate.
16. Age and condition of resold reports
A resold report remains a record of the condition of the property at the original inspection date and time.
The resale or later supply of a report does not:
constitute a new inspection;
constitute a reinspection;
update the original findings;
confirm that previously identified defects remain unchanged;
confirm that new defects have not developed;
confirm that timber pest activity has not commenced or changed; or
guarantee that the property remains in the same condition.
Conditions can change following an inspection because of weather, deterioration, repairs, renovations, movement, moisture, occupancy, timber pest activity, accidental damage or other events.
A subsequent purchaser should consider the original inspection date when deciding whether the existing report remains suitable for their circumstances or whether a new inspection should be obtained.
17. No guarantee of a defect-free property
A building and pest inspection reduces uncertainty but cannot identify every possible defect, risk or instance of timber pest activity.
BLACK + WHYTE does not guarantee:
that every defect will be identified;
that inaccessible or concealed areas are defect-free;
that timber pests are absent;
that defects will not develop following the inspection;
the remaining life of building components; or
that the property is suitable for the Client's personal or financial circumstances.
18. Further investigation
BLACK + WHYTE may identify conditions, defects or areas of concern that warrant further investigation.
Unless expressly stated, the report does not provide specialist engineering, electrical, plumbing or other professional advice.
The Client is responsible for reviewing the report and deciding whether to obtain independent advice from an appropriately qualified professional before proceeding with their purchase.
19. Complaints and reinspection
Concerns regarding an inspection or report should be provided promptly to:
The Client should provide:
their name;
the property address;
a description of the concern; and
any relevant photographs or supporting information.
Where appropriate, the Client must provide BLACK + WHYTE with a reasonable opportunity to investigate the concern and reinspect the property before relevant repairs, demolition or alteration occur.
Nothing in this clause excludes or restricts rights available under the Australian Consumer Law.
20. Australian Consumer Law
Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.
Where consumer guarantees apply, BLACK + WHYTE supplies its services subject to those guarantees.
21. Privacy and report redaction
BLACK + WHYTE may collect, use and retain personal information where reasonably necessary to:
process payment;
arrange an inspection;
communicate with the Client, owner or agent;
prepare and deliver the report;
maintain business and insurance records;
administer an authorised resale of a completed report; and
comply with legal obligations.
Before making a completed report available to a subsequent purchaser, BLACK + WHYTE will take reasonable steps to remove or redact personal information relating to the original Client that is not necessary for the subsequent use of the report.
This may include:
the Client's name;
phone number;
email address;
Client-specific correspondence; and
other personal information unrelated to the condition of the property.
Where reasonably practicable, unnecessary identifying information relating to an agent, agency or other person involved in arranging the original inspection may also be removed.
Information necessary to identify and understand the property will generally remain, including:
the property address;
photographs of the property;
inspection date;
property descriptions;
building and timber pest observations;
identified defects;
access limitations; and
other information directly relevant to the inspection.
The Client acknowledges that resale of a report does not mean the property itself will be anonymous.
By accepting these Terms and Conditions, the Client acknowledges that BLACK + WHYTE may handle and disclose the completed report in accordance with these authorised resale provisions.
22. Intellectual property
Copyright and other intellectual-property rights in reports, photographs, videos, report formats and other inspection material created by BLACK + WHYTE remain with BLACK + WHYTE.
The Client receives a licence to use and reproduce the report for their own property-purchase decision and to provide it to permitted recipients under clause 13.
The Client must not:
alter the report in a way that misrepresents its findings;
selectively reproduce findings in a misleading manner;
sell or resell the report;
commercially distribute the report;
publicly publish the complete report; or
represent that another person may rely upon the report without BLACK + WHYTE's approval.
Nothing in this clause prevents BLACK + WHYTE from retaining, reproducing, licensing, supplying, selling or reselling a completed report in accordance with these Terms and Conditions.
23. Governing law
These Terms and Conditions are governed by the laws of New South Wales, Australia.