BUILDING + PEST INSPECTION TERMS AND CONDITIONS

1. The agreement

These terms apply to building and pest inspection services supplied by BLACK & WHYTE PTY LTD, ABN 67 686 265 752, referred to as “BLACK + WHYTE”, “we”, “us” or “our”.

The person purchasing the inspection is referred to as the “Client”.

By completing checkout, the Client confirms that they have read, understood and accepted these terms.

2. The service

BLACK + WHYTE will conduct the inspection selected at checkout and prepare a written inspection report for the property nominated by the Client.

The service 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 on 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. We 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.

NSW Government guidance similarly describes a standard building inspection as covering accessible areas and requiring the report to identify anything that could not be inspected and why.

4. Areas that cannot be inspected

An area may be excluded where access is prevented or restricted by:

  • 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 that the inspector considers unsafe.

Any significant access limitation identified during the inspection will be stated in the report where reasonably possible.

The Client acknowledges that defects or pest activity may exist in inaccessible or concealed 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 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. NSW Government guidance also states that a standard report is not intended to act as a compliance certificate, warranty or detailed repair estimate.

6. Timber pest inspection limitations

A timber pest inspection is non-invasive and is limited to visible evidence available 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 pest activity can change after the inspection. Recommendations for treatment, monitoring or further investigation should be acted upon promptly.

AS 4349.3-2010 describes timber pest inspections as non-invasive inspections of buildings for timber-pest activity and associated reporting.

7. Client responsibilities

The Client must:

  • provide the correct property address and contact information;

  • select the correct property and service category;

  • arrange permission and access with the owner, agent or occupier;

  • tell us about any relevant purchasing, auction or cooling-off deadline;

  • identify any particular areas or concerns they want considered; and

  • provide any information reasonably required to perform the inspection.

The Client is responsible for obtaining legal, financial, engineering and other specialist advice relevant to the purchase.

8. Property category and pricing

Pricing is based on the property type selected during checkout and the information supplied by the Client.

If the property is materially different from the selected category—for example, it contains additional dwellings, extensive outbuildings, unusual access requirements or substantially greater floor area—we may contact the Client before proceeding with a revised price.

The Client may accept the revised price or cancel the booking and receive a refund of any amount paid, less any reasonable costs already incurred with the Client’s agreement.

9. Access failure

Where the inspection cannot proceed because access has not been arranged, keys are unavailable, the property is unsafe or access is otherwise prevented, we may:

  • reschedule the inspection;

  • charge reasonable additional travel or attendance costs; or

  • refund the amount paid less reasonable costs already incurred.

We will not charge an arbitrary penalty unrelated to the actual loss or cost caused by the failed appointment.

10. Payment

Payment is required at checkout unless otherwise agreed in writing.

The inspection booking is not confirmed until:

  • payment has been successfully processed;

  • the property details have been received; and

  • inspection access has been arranged or confirmed.

Prices shown at checkout are in Australian dollars and include GST where applicable.

11. Rescheduling and cancellation

The Client may request to cancel or reschedule by contacting BLACK + WHYTE as soon as possible.

Suggested policy:

  • More than 24 hours before the inspection: rescheduling or cancellation without charge.

  • Within 24 hours: we may deduct reasonable costs already incurred, including committed travel or attendance costs.

  • After the inspection has commenced: the inspection fee is generally payable, subject to the Client’s rights under the Australian Consumer Law.

Avoid calling the whole payment “non-refundable” because statutory consumer rights cannot simply be removed by contract. Consumer services must be provided with due care and skill, be reasonably fit for an agreed purpose and be supplied within the agreed or a reasonable time.

12. Report delivery

We aim to deliver the completed report within 24 hours after the inspection, subject to:

  • cleared payment;

  • 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. Report delivery before an auction, cooling-off expiry or exchange deadline is not guaranteed unless expressly confirmed by us in writing.

NSW residential purchases commonly involve a five-business-day cooling-off period, while auction purchases generally do not receive that cooling-off protection, making inspection timing important.

13. Report reliance

The report is prepared solely for the Client named in the report.

The Client may provide it to their solicitor, conveyancer, lender or other professional adviser for the Client’s transaction. However, no other person may rely on the report without our written agreement.

The report relates only to the property’s condition at the time of inspection. It should be read as a whole, including all limitations, photographs and recommendations.

14. No guarantee of a defect-free property

A property inspection reduces uncertainty but cannot reveal every defect, risk or instance of 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 after the inspection;

  • the remaining life of building components; or

  • that the property is suitable for the Client’s personal or financial circumstances.

15. Further investigation

BLACK + WHYTE may identify conditions, defects or areas of concern that could require further investigation. The report does not provide specialist advice or recommend a particular contractor, consultant, repair method or course of action.

The Client is responsible for reviewing the report and deciding whether to obtain independent advice from an appropriately qualified professional before proceeding with the purchase.

16. Complaints and reinspection

Any concern about the inspection or report should be sent promptly to:

[INSERT EMAIL]

The Client should provide:

  • their name;

  • the property address;

  • a description of the concern; and

  • relevant photographs or supporting material.

Where appropriate, the Client must provide us with a reasonable opportunity to review the concern and reinspect the property before repairs, demolition or alteration occurs.

This clause does not remove or restrict any right available under the Australian Consumer Law.

17. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that cannot legally be excluded under the Australian Consumer Law.

Services supplied to consumers carry statutory guarantees, including that they will be provided with due care and skill.

Standard-form consumer contracts are also subject to unfair-contract-term rules, and since November 2023 proposing, using or relying upon unfair terms can attract penalties.

18. Privacy

We may collect and use the Client’s personal information to:

  • process payment;

  • arrange the inspection;

  • communicate with the agent, owner or Client;

  • prepare and deliver the report;

  • maintain business and insurance records; and

  • comply with legal obligations.

Personal information will be handled in accordance with our Privacy Policy.

19. Intellectual property

Copyright in the report, photographs, video and report format remains 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 their professional advisers.

The report must not be altered, selectively reproduced, resold or publicly distributed in a way that could misrepresent its findings.

20. Governing law

These terms are governed by the laws of New South Wales, Australia.