1. Property Compliance Victoria Pty Ltd (PCV) shall not be liable for failure to perform any duty or obligation that it may have under this agreement where such failure has been caused by inclement weather, industrial disturbance, inevitable accident, or any cause outside the reasonable control of PCV.
2. PCV reserves the right to cancel the inspection or reject any request for inspection at PCV’s absolute discretion. In this event, any fees, deposit or other monies paid by the client will be refunded.
3. If you do not return this signed agreement but instruct us to perform our services, that will be taken to be an acceptance of this offer and costs will be charged in accordance with this agreement.
4. PCV provides the following services:
a. Comprehensive Audit of property reporting on minimum standards in accordance with the Residential Tenancies Act and Residential Tenancies Regulations 2021.
b. Detailed audit & photos of property indicating whether current standards have been met;
c. Recommendations to providers for works if required, to bring property up to minimum standard;
d. Audit provided as evidence of Residential Rental Provider (RRP) and property manager adhering to the legislative requirements and evidence of valuing of compliance and intent to consider the best interests of their renters;
5. At the conclusion of the Audit, PCV will provide the client a report outlining the observations and recommendations observed during the audit.
6. PCVis not responsible for rectification of defects identified during audits.
7. If PCV provides any referrals or recommendations in relation to rectification of items which breach the minimum standards, such works are the sole liability of the tradesperson engaged to perform the repairs. The client hereby agrees not to hold PCV responsible or liable for any works performed by other tradespeople, even if they have been referred by PCV.
8. If PCV was engaged by your property manager, PCV may be affiliated with the realestate company that initially assigned the audit. Therefore, if the real estate company no longer manages the property that was signed to our service, your servicing and reporting will cease. If you would like PCV to continue auditing your property, if you have moved to a different real estate company, or if you self-manage the property, please contact PCV to instruct PCV to continue services.
Third Party Use
9. The Report will be produced for the exclusive use of the Client. PCV is not liable for any reliance placed on the report by any third party.
a. For the avoidance of doubt, the report may be used by the client or their managing agent for the purpose of evidence in any potential dispute. Third parties include, but are not limited to, future owners of the property who have not signed an Agreement with PCV, or trades people engaged by the Client. Managing agents are not considered third parties for the purpose of this Agreement.
10. Audits only cover Readily Accessible Areas of the Building and Site. ReadilyAccessible Areas means areas which can be easily and safely inspected without injury to person or property.
11. With strata properties, the audit is limited to the interior and the immediate exterior (if applicable) of the particular residence being inspected. Common property is not inspected.
12. The Audit does not include areas which are inaccessible, not readily accessible or obstructed at the time of inspection.
13. The Inspector on the day of the audit is the only person who can determine what they are restricted by during an audit.
Scope of report
14. The Report only records the observations and conclusions of PCV about the readily observable state of the property at the time of inspection. The Report therefore cannot deal with:
a. Possible concealment of defects, including but not limited to, defects concealed by lack of accessibility, obstructions such as furniture, wall lining and floor coverings, or by applied finishes such as render and paint; and
b. 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 are excluded from consideration in the report.
15. The Report does not include an estimate of the cost of rectification of the Defects, although PCV may make recommendations.
16. If the client has any doubt about the purpose, scope and acceptance criteria on which the report is to be based, the client must discuss their concerns with PCV before ordering the Report.
Implementation of Recommendations
17. The Client acknowledges that, unless stated otherwise, the Client as a matter of urgency should implement any recommendations or advice given in the Report. However, it must be noted that PCV shall not be responsible or liable for implementation of the recommendations provided in our reports. PCV shall also not be liable for any failure of the client to implement the recommendations contained in the report.
18. The client hereby indemnifies and holds harmless PCV from any loss or damage suffered by the client as a result of works carried out by third parties to repair defects identified in the report, even if those third parties were recommended by PCV.
19. The Client acknowledges:
a. The Report does not include the inspection andassessment of items or matters outside the scope of the audit.
b. The Report does not include inspection andassessment of items or matters that do not fall within PCV’s direct expertise;
c. PCV auditors are not electricians and thereforecannot issue compliance against electrical switchboard standards.
d. The inspection only covers the ReadilyAccessible Areas of the property. The inspection does not include areas, whichwere inaccessible, not readily accessible or obstructed at the time of theinspection. Obstructions are defined as any condition or physical limitationwhich 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.
e. PCV cannot move any furniture or any otherchattel or thing in order to access an area. If however PCV identifies thatthere may be areas of dampness behind easily moveable furniture, PCV mayrequest that some furniture be moved to conduct a dampness check. Any refusalto move the furniture will inhibit PCV’s ability to perform such a check.
f. PCV cannot inspect an area if the inspectordetermines that his access is obstructed;
g. PCV cannot cut access holes or remove screws andbolts.
h. PCV cannot guarantee compliancy with anyrelevant building code or Act;
i. The Audit and Report will not report on anydefects which may not be apparent due to prevailing weather conditions at thetime of the inspection including detection of rising damp and leaks. Suchdefects may only become apparent in differing weather conditions.
j. The report was produced for the use of theClient. PCV is not liable for any reliance placed on the report by any thirdparty (not including the managing agent).
20. If an inspector engaged by PCV attends theproperty to perform our services, and is denied access by a tenant in theproperty, the inspector shall immediately leave the premises and will be unableto perform the services. PCV shall not be held liable for any problems whicharise through lack of servicing or reporting of defects if PCV is denied accessto the property.
21. TheClient acknowledges:
a. That the Report does not deal with solving or providing costs for any rectification or repair work;
b. That on occasion, PCV utilizes independent sub-contractors to prepare the Reports.
c. That the Report does not deal with the inspection of common property areas of a strata property or strata records.
d. That the Client has read all the terms and has not relied on any representations.
e. That just because a defect is not visible at the time of the inspection does not guarantee that there is no defect affecting the property.
f. That acceptance of this Agreement and its terms is made through signing of this Agreement, payment of the agreed fees, or instructing PCV to perform the services after the Client has been handed this Agreement irrespective of whether or not this Agreement is signed and returned.
22. As per the acknowledgements above, PCV is notresponsible for repairing, rectifying or solving any defects identified in the report.
23. If quotes or recommendations are provided for repair works, such works are not the liability or responsibility of PCV.
24. PCV do not undertake an extensive building inspection or mould inspection. PCV are merely assessing the urgency indicators to provide recommendations if a specialist should be engaged as a result of the presence of these indicators. The auditor is not a full qualified structural engineer, building inspector or mould remediation specialist.
25. The Client indemnifies PCV against:
a. Any third party losses or claims for use of theAudit Report;
b. Any defect that was not evident by visual assessment at the time of the inspection
c. Termination of this agreement pursuant to Clause2 of this Agreement.
Prohibition on theProvision or Sale of the Report
26. The Report may not be sold or provided to any other Person without the express consent of PCV, unless the Client is authorised to do so under legislation. If PCV gives permission it may be subject to conditions such as payment of a further fee.
27. The Client releases PCV from any and all claims, actions, proceedings, judgments, damages, losses, interest, costs and expenses whatsoever that any person may have at an time hereafter arising from the unauthorized provision or sale of the Report by the Client to a Person without our express written consent.
28. In the event of any dispute or claim arising out of, or relating to the Audit or the report, the Client must notify PCV as soon as possible of the dispute or claim by email, or mail. The client must provide PCV with full access in order to investigate the complaint.
29. The client will be provided a written response within 28 days of the date of the inspection.
30. If the Client is unsatisfied with the response, the Client must refer the matter to a Mediator nominated by PCV from the Institute or Arbitrators and Mediators of Australia. The cost of the Mediator will be borne equally by both parties oras agreed as part of the mediated settlement.
31. In the event that the Client does not comply with the above complaints procedure and commences litigation against PCV, then the Client agrees to fully indemnifyPCV against any awards, costs, legal fees and expenses incurred by PCV inhaving the Client’s claim set aside or adjourned to permit the Complaintsprocedure to complete.
32. PCVis limited by the information provided by governing bodies and perform auditswithin the scope of the clarifications and guidances released by theauthorities at the time of the audit.
33. Ifthere are changes or amendments to the minimum standards as dictated by theVictorian Government or other governing bodies, PCV will amend its auditprocedures to cater for these changes;
34. PCVmay change its Terms and Conditions from time to time;
35. IfPCV determine that works are required to the property and a tradespersonperforms such works, the owner can use evidence of the works plus the auditreport to satisfy its compliance with the standards. If however the ownerrequires a Minimum Standard Certificate from PCV, then PCV will be required torevisit the property, which will incur an additional fee;
36. PCVis not liable, nor responsible for any conduct of sub-contractors that attendthe property.