Supply Terms & Conditions
1. Definitions and Interpretation
1.1. In these terms and conditions:
1.1.1. “Business Day” means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made.
1.1.2. “Customer” means the person(s) or entities Receiving Services upon these Terms.
1.1.3. “Subject Property” includes all buildings, structures, improvements, fixtures, objects and spaces within the scope of
1.1.4. “Receiving Services” means the process of engaging Us to provide Services, receiving Services from Us, or relying upon Services provided by Us, however the circumstances of engagement, receipt or reliance may arise. The phrase “Receives Services” has a corresponding meaning.
1.1.5. “We” and “Us” mean iCertified (ABN: 601 868 606), PO Box 270 Paradise Point 4216 and PO Box 996, Ashfield, NSW 1800. The word “Our” has a corresponding, possessive meaning.
1.1.6. “Services” means any report, document, certificate, information, product, good or the like provided by Us to a Customer in exchange for consideration.
1.1.7. “Terms” means these Supply Terms and Conditions, upon which We agree to supply Services to the Customer.
1.2.1. If a party consists of more than one (1) person, these Terms bind each of them severally and any two (2) or more of them jointly.
1.2.2. An obligation, representation or warranty in favour of more than one (1) person is for the benefit of them severally and jointly.
1.2.3. A party which is a trustee is bound both personally and in its capacity as a trustee.
2. Binding Terms and Conditions
2.1. These Terms are binding upon the Customer.
2.2. For the avoidance of doubt, if the acceptance of the Services is made by a Body Corporate Manager or other equivalent agent, they agree that they are duly authorised as the Customer’s agent to alter the Customer’s legal relations. They hereby agree, as agent of the principal, to bind the Customer to these Terms.
2.3. The only warranties, guarantees, conditions and/or obligations which are binding upon Us are:
2.3.1. those set out in these Terms;
2.3.2. those otherwise agreed to in writing by Us; and
2.3.3. those, if any, which are implied at law and which cannot be excluded.
2.4. In the event that a provision of the Terms proves to be illegal or unenforceable pursuant to any applicable statute or rule of law, or for any other reason, such provision is deemed severed to the fullest extent possible without affecting the legality of the remaining provisions.
3. General and Applicable Law
3.1. In the case of Services provided to Customers who are situated in any Australian State or Territory, or New Zealand, the Terms shall be governed and interpreted according to the laws of Queensland, Australia and each Customer consents to submit to the jurisdiction of the Courts of Queensland and the Commonwealth of Australia.
3.2. In the case of Services provided to Customers who are situated in Canada, the Terms shall be governed and interpreted according to the laws of British Columbia, Canada and each Customer consents to submit to the jurisdiction of the Courts of British Columbia and Canada.
3.3. In the event that neither clause 3.1 nor 3.2 apply, the Terms shall be governed and interpreted according to the laws of Queensland, Australia and each Customer consents to submit to the jurisdiction of the Courts of Queensland and the Commonwealth of Australia.
4. Entire Agreement and Understanding
4.1. These Terms, any quotation or work order form, and, in the case of supply of ARM-CC services – the ARM Terms and Conditions of Supply, set out the whole of the agreement and understanding between the Customer and Us with respect to the provision of Services by Us to the Customer and supersede any and all earlier understandings and agreements, whether oral or written, between the Customer and Us.
4.2. Subject to clause 5, these Terms may be supplemented, amended or modified only by the mutual agreement of the Customer and Us. No supplementation, amendment or modification of these Terms shall be binding unless it is in writing and signed for or by both the Customer and Us.
4.3. By Receiving Services the Customer accepts these Terms without reservation.
5. Modification of Terms
5.1. We reserve the right to change these Terms from time to time.
5.2. We will take reasonable steps to inform the Customer of changes to the Terms.
5.3. The Customer confirms that notification of amended Terms on Our website or reference to the Terms in any material provided to the Customer will be reasonable steps by Us to inform the Customer.
6. Operational Coverage
6.1. The Customer authorises Us to sub-contract or separately engage a third party to produce any part or all of the Services at the absolute discretion of Us and without any requirement to provide notice to the Customer.
7.1. Where the Customer notifies iCERTIFIED that it wishes to cancel its order for the Service, and We have not attended the subject property for the purpose of completing the Service, a 100% refund may apply, at Our discretion.
7.2. Where the Customer notifies Us that it wishes to cancel its order for the Service, and We have attended the subject property for the purpose of completing the Service, but have not prepared the report, document, certificate, information, product, good or the like constituting the Service, a part refund may apply, at Our discretion.
7.3. Where the Customer notifies Us that it wishes to cancel its order for the Service, and We have prepared the report, document, certificate, information, product, good or the like constituting the Service, whether or not it has been delivered to the Customer, no refund shall apply.
8. Force Majeure
8.1. If a party is prevented or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance by it of that obligation is suspended during that time, but only to the extent that compliance is prevented or delayed.
9.1. Our delay in exercising a power or right shall not operate as a waiver of that power or right.
9.2. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
9.3. A waiver is not effective unless in writing.
9.4. Waiver of a power or right is effective only in respect of the specific instance to which that waiver relates and for the specific purpose for which that waiver is given.
10.1. The Customer must inspect and review the Services immediately upon them being delivered, provided or made available, and must within ten (10) Business Days after the date of the Services being delivered, provided, or made available give written notice to Us of any claim that the Services are not in accordance with the Terms or otherwise unsatisfactory.
10.2. If the Customer fails to give the notice in Clause 10.1, then to the extent permitted by law, the Services must be treated as being accepted by the Customer.
11. Release and Indemnity
11.1. The Customer hereby acknowledges that iCERTIFIED will not be responsible for any consequences, damage or injury arising from any matters outside the general Scope of Services listed in clause 14, or from any matters subject to a specific limitation within these Terms.
For example, without limiting the generality of this clause, We will not be responsible for any consequences of an Asbestos Report failing to advise of asbestos in inaccessible locations, as that is subject to a general limitation in clause 14.1 below.
For example, without limiting the generality of this clause, We will not be responsible for any consequences of a Safety Report failing to warn of slip-hazards, as that is subject to a specific limitation in clause 188.8.131.52 below.
11.2. In the case of mistakes brought to our attention within 12 months of the Customer Receiving Services, We will amend the report once at no cost. This may include multiple amendments to a single report, where these are processed concurrently. Further amendments, or amendments beyond the 12 month time frame will be charged at a rate of $110 per hour, and if a reinspection is required we will charge an additional fee of $330.
11.3. We exclude any warranties, conditions or undertakings, express or implied, that are legally able to be excluded.
11.4. In the case of breach of those warranties, conditions or undertakings, express or implied, that cannot be excluded by law, the Customer agrees that We have a maximum liability, in relation to loss, damage or injury of any nature howsoever arising, limited to, at Our option:
in relation to services:
184.108.40.206. the supply of the Services again;
220.127.116.11. the payment of the cost of having the Services supplied again.
in relation to goods:
18.104.22.168. the replacement of the goods or the supply of equivalent goods;
22.214.171.124. the repair of such goods;
126.96.36.199. the payment of the cost of replacing the goods or acquiring equivalent goods; or
188.8.131.52. payment of the cost of having the goods repaired.
12. Restrictions on Accessing and Using the Services
12.1. The Customer agrees that all Services are provided only for the purpose of assisting Our bona fide paying customers, and agrees:
12.1.1. Only to use the Services for the Customer’s own bona fide purposes in their capacity as Our customer;
12.1.2. Not to use the Services in any way for the purpose of gaining a competitive advantage over Us;
12.1.3. Not to communicate, broadcast, reproduce, disseminate, disclose, supply or otherwise provide all or any part of the Services to any third party without Our prior written consent;
12.1.4. When using the Services in any way, to only use the whole of the information or report so that the contextual integrity of the information or report is preserved;
12.1.5. Only to apply, use or rely upon the Services for the purpose and within the scope and limitations provided for in these Terms and in any report and/or subject matter comprising the Services;
12.1.6. That the Customer does not hold copyright or any other intellectual property rights in the Services, other than the minimum rights necessary to use the Services for the purposes for which they are provided.
12.1.7. Not to do any act which constitutes an infringement of copyright or any other intellectual property right without Our express permission in writing.
12.2. No rights in relation to the Services, including but not limited to the rights to use or rely upon the Services pass to the Customer until the money owing for those Services has been paid in full.
12.3. The Customer prior to payment takes custody of any such goods and retains them as a bailee of a bailment terminable at will. All liens, equitable and otherwise, are preserved in such circumstances.
13. Customer’s Information and Privacy
13.1. The Customer authorises Us to retain, organise and use for marketing purposes information about the Customer provided to Us in the context of the Services, for any purpose connected with Our business, and to provide that information to any third party for any purpose associated with the Services.
14. Scope of Services and Limitations
14.1. We will only inspect areas within the scope of the Services to which safe, reasonable, appropriate, unobstructed access is available (‘accessible areas’). The extent of accessible areas will be determined by Us, based on the conditions encountered at the time of inspection. We will not be able to report on the condition of, or take into account the impact of circumstances existing in areas other than accessible areas and the Customer accepts that all Services are subject to that limitation.
14.1.1. Elevated areas are not usually accessible areas due to occupational health and safety issues.
14.1.2. Where entry to an area is denied to Us, including any area which is locked and for which keys are not provided, and including areas of private property to which access is not expressly permitted, that area will not be an accessible area.
14.2. Unless otherwise agreed, We will conduct a visual inspection only as a part of the Services. Therefore:
14.2.1. areas and objects which are obscured or obstructed by finishes or other objects (including but not limited to, wall cavities, beneath floor coverings, integral parts of machinery, obscured and masked areas, etc) will not be inspected.
14.2.2. as We cannot undertake invasive or destructive investigation or testing unless it has been specifically requested and authorised, We will assess the condition of areas and objects based on their superficial condition only (for example, it may be impossible to detect the presence of asbestos-containing materials in many cases without destructive testing, which is often neither practical nor appropriate);
14.3. We will not attempt to predict the effect of varying environmental conditions on the findings contained in the Services. The findings contained in the Services will be based on the prevailing conditions at the time of inspection (for example, the adequacy of drainage in wet weather conditions cannot be thoroughly assessed when the inspection occurs in other conditions);
14.4. The Services provided do not include services which require specialised trade or other qualifications, or those which are the subject of specific maintenance contractor arrangements. For example:
14.4.1. We do not conduct a thorough assessment of the electrical switchboard or other plant and equipment, as this must be performed by a qualified and licensed electrical or other contractor;
14.4.2. We do not conduct an assessment of the operational status of emergency equipment, such as fire safety equipment, as We will be unable to undertake testing of such equipment to assess its operational status;
14.4.3. We do not conduct a thorough inspection of the plumbing, gutters and downpipes and roof, as this must be performed by a qualified and licensed plumbing contractor;
14.4.4. We do not undertake a pest inspection, which must be performed by a qualified and licensed pest inspector;
14.4.5. We do not provide engineering services and do not assess structural adequacy, except as part of our Structural Engineering Service;
14.4.6. While a visual inspection will be made of accessible plant and equipment, including air conditioning units, cooling towers, pumps, motors, and lifts, it is presumed that all essential maintenance, as required by the manufacturer subject to specific on-site factors (such as adverse environmental factors), is being carried out through ongoing maintenance contracts.
14.5. In providing the Services, and forming its conclusions as stated in any report or other documentation which is produced as an outcome of the Services, We may rely upon information provided by the Customer and by third parties without independently verifying that information. Therefore, conclusions formed on the basis of such information are qualified and may only be relied upon on the basis that they are formed in reliance upon the completeness and accuracy of information provided to Us.
15. Pool Safety Inspection
15.1. A “Pool safety Inspection” is a type of Service, provided in accordance Chapter 8 of the Building Act 1975 (Qld). It includes:
15.1.1. inspecting a regulated pool to decide whether to give a certificate (a pool safety certificate) that states the pool is a complying pool and issuing either a pool safety certificate or a non-conformity notice as applicable.
15.2. What we require from You when You order a Pool Safety Inspection
15.2.1. A completed order form, or a work order containing the information listed on our order form.
15.3. Specific Limitations on Pool Safety Inspections
15.3.1. We will not conduct quantitative strength testing of the pool fence as a part of the Service.
15.3.2. We will inspect only those items required to be inspected under MP 3.4 of the Queensland Development Code, and associated instruments.
15.3.3. We will not perform repairs as part of the Service.
15.3.4. Where a non-conformity notice is issued, it is the obligation of the Customer to contact Us to arrange for a subsequent Pool Safety Inspection once the rectification work listed on the non-conformity notice has been completed:
184.108.40.206. Once the Customer has requested a subsequent Pool Safety Inspection, We will conduct that subsequent Pool Safety Inspection within 20 business days, unless otherwise agreed.
220.127.116.11. Without limiting the generality of Clause 11, We are expressly not liable for any consequential loss suffered by the Customer or third party as a result of a Pool Safety Certificate not being issued by a particular date.
Example A for Clause 18.104.22.168: We are not liable to the Customer or third party for any loss suffered due to a lease not being executed over a property due to a Pool Safety Certificate not being issued.
Example B for Clause 22.214.171.124: We are not liable to the Customer or third party for any loss suffered due to a property settlement not proceeding due to a Pool Safety Certificate not being issued.
16. Safety Reports
16.1.1. The purpose of a Safety Report is to identify physical hazards that give rise to risks on the Subject Property, to assess those risks, and to recommend control measures.
16.1.2. The Safety Report will be conducted in accordance with the relevant Work Health and Safety or Occupational Health and Safety Legislation (‘Safety Legislation’) for the Subject Property.
16.1.3. A Safety Report is not a comprehensive audit in compliance with the relevant Safety Legislation. An audit may include additional requirements such as the incorporation of manual handling, job task analysis, training, air space and lighting measurements, asbestos analysis, chemical management, a safety management system and policies and procedures for safe work.
16.2. What we require from You when You order a Safety Report
16.2.1. A completed order form, or a work order containing the information listed on our order form;
16.2.2. Plans for the Subject Property showing the common areas and private areas.
16.3. Specific Limitations on Safety Reports
16.3.1. A Safety Report will not address certain issues, including:
126.96.36.199. any assessment of the structural adequacy of any of the elements of the Subject Property;
188.8.131.52. issues relating to asbestos, including the identification and assessment of the condition of asbestos;
184.108.40.206. issues relating to fire safety, including the adequacy of fire safety measures, emergency response planning or maintenance or training regimes;
220.127.116.11. a glass assessment;
18.104.22.168. structural rigidity of balustrades or handrails;
22.214.171.124. quantitative slip testing to AS 4663 and AS 4586;
126.96.36.199. the provision or adequacy of lighting on the Subject Property; or
188.8.131.52. risks which the inspector deems to be insignificant, far-fetched or fanciful.
16.3.2. Any comments contained in a Safety Report in relation to the issues listed in Clause 16.3.1. will be incidental in nature and qualitative, and do not imply that any further issues of that type were considered.
16.3.3. A Safety Report may contain comments regarding the condition or nature of balustrades on the Subject Property, however the balustrades will not be comprehensively inspected and tested as part of this Service.
184.108.40.206. We do offer a specific Service of Balustrade Testing. The scope of the Services provided in the context of that Balustrade Testing is more comprehensive. Balustrade Testing is recommended where there are any visible signs of corrosion or other deterioration on or in the vicinity of the balustrade (including fixings), or whenever the balustrades are over 10 years old.
220.127.116.11. Balustrade Testing will only be conducted when specifically requested.
16.3.4. It is the responsibility of the Customer to:
18.104.22.168. ensure that the recommendations contained in the Services are adopted; and
22.214.171.124. to ensure ongoing compliance with relevant safety standards.
16.3.5. The customer acknowledges that receiving and acting in reliance upon the Services will not necessarily ensure compliance with safety legislation – rather the Services recommend methods of managing or minimising the risks associated with relevant site-specific, physical hazards at the time of inspection.
17. Asbestos Reports
17.1. In some instances, Asbestos Containing Material may be present in areas that cannot be assessed without implementing destructive sampling techniques. We will take samples in these circumstances.
17.2. Customers hold Us indemnified from any damage that a sample causes. We will seal the leading edge of the sampled material in accordance with government guidelines, however we will not otherwise repair any damage caused by sampling techniques.
17.3. We cannot conclusively assess the presence or absence of Asbestos and rely on the results of these independent tests (where conducted). We will forward to the recipient of the Asbestos Survey any report or findings of the independent testing agency, in the form provided by the independent testing agency, when they become available, but we do not adopt or make any representations, guarantees or warranties as to the accuracy of the findings of the independent testing agency.
18. Access to Private Units or Lots
18.1. Where the provision of the Services requires access to individual private units or lots, the Customer is responsible for arranging access for these inspections.
18.2. A separate Tax Invoice will be issued for the inspection of the common property and individual private units or lots and payment of the Tax Invoice is the responsibility of the Customer.
18.3. A single report will be supplied which includes all details of common property and relevant private units or lots. It is the responsibility of the Customer or their agent to supply this report to the owners of relevant private units or lots or to any further intended recipients.
18.4. Clause 20.3 does not apply to Our Pool Safety Inspection Service. We will provide a separate pool safety certificate or non-conformity notice for each pool that is the subject of the Service.
19. Provisions of Plans with Order
19.1. The Customer must, when ordering the Services, provide Us with any relevant building or other plans requested by Us.
19.2. If the Customer does not provide requested or relevant building plans under clause 22.1, We may order the building or other relevant plans ten business days after the Customer orders the Services, but only after We attempt to contact the Customer three times (twice by email and once by phone), to obtain the requested building plans.
19.3. If the Customer cannot be contacted or has not provided Us with the building or other relevant plans within ten business days after the Customer orders the Services, then We presume that permission has been granted to order building or other relevant plans on behalf of the customer at Our own discretion.
19.4. The Customer must pay any costs associated with Us ordering the requested building or other relevant plans, including an administration charge of $88. The administration charge and cost of the building or other relevant plans will be added to the cost of the Services.