Please read our Terms & Conditions carefully. To order a report you must accept these Terms & Conditions.
Report types
1. BPS REPORTS PTY LIMITED ACN - 137 194 444 (“BPS”) supplies the following reports -
· Building report
· Pest report
· Strata report
In each case you may either -
(a) instruct us to carry out an inspection of the property or the strata records to prepare the report; or
(b) subject to availability, supply you with a Ready Made Report based on a previous inspection of the property or the strata records.
All BPS reports are subject to these Terms & Conditions and to any qualifications and/or disclosures set out in the report.
2. In the case of a Building report -
· BPS will visually inspect those parts of the property that are reasonably accessible at the time of the inspection. BPS does not move, dismantle, unscrew, break or remove any part of the property or the land on which it is situated for this purpose. BPS will accordingly report on the physical condition of the parts of the property that were reasonably accessible at the time of the inspection.
· BPS does not report on minor defects or issues (including timber pests) that are unlikely to materially affect the use or value of the property, or which it would be reasonable to expect would be repaired or replaced during the course of reasonably regular and prudent maintenance of the building, or any proposed renovations or construction.
· BPS does not report on infestation or damage by termites or other timber pests where the infestation or damage appears inactive, or where the damage has been repaired or concealed.
· BPS does not inspect or test plumbing or piping, or mechanical or electrical equipment including but not limited to air conditioning equipment, alarms, pool and spa equipment, saunas, steam rooms, hot water heaters, solar equipment, lifts, inclinators, sprinklers, fire protection equipment, water purifiers, filters, pumps, garage doors or other appliances.
3. In the case of a Pest report -
· BPS will visually inspect those parts of the property that are reasonably accessible at the time of the inspection. BPS does not move, dismantle, unscrew, break or remove any part of the property or the land on which it is situated for this purpose. BPS will accordingly report on the existence of timber pests or previous timber pest damage as revealed by the actual physical condition of the parts of the property that were reasonably accessible at the time of the inspection.
· The BPS report is limited to reporting on the discovery or non-discovery of infestation and/or damage caused by subterranean and dampwood termites (white ants), borers of seasoned timber and wood decay fungi (timber pests), present at the time of the inspection. The inspection and report do not cover any other timber pests including drywood termites of the family Kalotermitidae.
· On inspection no attempt will be made to assess the full extent of damage caused by activity of timber pests whether past or current. Nothing contained in the report implies that any inaccessible or partly inaccessible areas or sections of the property were not at the time of inspection, or have not been, infested by timber pests. BPS cannot guarantee that an infestation or damage does not exist in any inaccessible or partly inaccessible areas of the Property, nor that future infestation of timber pests will not occur or be found.
· If timber pest activity or damage is found either within the structures or the grounds of the property, then damage or activity may exist in concealed or inaccessible areas. Damage to these concealed or inaccessible areas may only be found when wall linings, cladding, insulation or other coverings are removed to reveal previously concealed timbers. In those circumstances we recommend that an invasive inspection be made by suitably qualified building consultants. Such an invasive inspection beyond the scope of BPS’ inspection and report.
· BPS’ report does not include an assessment of any tree having a diameter less than 300mm.
4. In the case of a Strata report -
· BPS will inspect those books and records made available to BPS by the Owners Corporation (or in the case of community or company title, the relevant Association or company).
· BPS will report on -
v the levies for the unit
v the financial statements and bank account balances for the building
v insurance cover and claims
v structural problems and major repairs - rectification and cost
v harmony in the building
v any legal proceedings
v likelihood of major works
v likelihood of special levies
5. In the case of a Ready Made Report -
· BPS will furnish a report (whether a Building report, a Pest report or a Strata report) prepared previously on the basis of an earlier inspection.
· The BPS Ready Made Report is based on an inspection made on the date referred to in the report. As at that date the report will have the attributes otherwise set out in these Terms & Conditions. However, by ordering the report you -
v acknowledge that circumstances change over time and that defects, problems or issues not apparent at the time of the inspection may arise later;
v acknowledge that BPS will not carry out any further inspection of the building or records (as the case may be) or carry out any further enquiries subsequent to the date referred to in the report; and
v agree that you will make and rely on your own further inspection of the building or records (as the case may be) and further enquiries of the vendor or its agent relating to possible changes or the happening of further events in each case occurring subsequent to the date referred to in the report.
Payment
6. Payment for your report must be made at the time of the placing of your order or at such later time as BPS may in its discretion permit.
Disclaimer of warranties
7. Nothing contained in these Terms & Conditions or the BPS report constitutes a warranty or representation on the part of BPS as to the suitability and fitness of the property for your requirements or for any other purpose.
8. BPS is not in the business of providing quotations for repairs, maintenance or remedial works. Any information of this type that is provided will be provided in good faith, however no warranty is given by BPS as to the accuracy or completeness of such information, and you should engage and rely on the advice of a suitably qualified and licensed contractor in relation to the scope and cost of any such works.
9. BPS does not warrant that the report you order is appropriate to your needs. If in doubt you should obtain advice from a lawyer or licensed conveyancer as to the type of report most suitable for your purposes.
10. BPS does not warrant accuracy or completeness of this website’s content or the content of any sites linked to this website and assumes no liability or responsibility for any:
• errors, mistakes, or inaccuracies of content;
• any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
• any interruption or cessation of transmission to or from this website or any linked website; and
• any computer bugs, viruses, trojan horses, or the like which may be transmitted to or through this website or any linked website by any third party.
Legal advice
11. BPS does not report or advise on legal or planning issues. You should obtain legal advice in relation to your proposed purchase of the property from a lawyer or licensed conveyancer.
Your use of your BPS report
12. Supply to you of your BPS report is subject to the following -
(a) all copyright and other intellectual property rights in the report remain the sole property of BPS and the report may not be reproduced in any form or media in whole or in part without the express prior written consent of BPS;
(b) you must not use the report in whole or in part for any purpose except for the specific purpose for which it was ordered from BPS;
(c) you must not modify the report in any way after BPS supplies it to you; and
(d) you must not assert any copyright in the report or represent to any person that the report supplied by BPS was created by you or any third party.
Privacy
13. BPS will comply with its Privacy Policy (which may be accessed at www.bpsreports.com.au/pages/privacy_policy.html) in dealing with your personal information.
Limitation of liability
14. BPS will not be liable to you for any indirect, incidental, special, punitive or consequential damages however arising (including due to negligence) that may result from your use of this website and/or the ordering of any report.
15. Any provision of these Terms & Conditions which excludes or limits the liability of BPS or purports to do so, and whether based on warranty, contract, tort, or any other legal principle, and whether or not BPS is advised of the possibility of the relevant damages arising, will apply to the fullest extent permitted by law in the applicable jurisdiction, and where conditions, warranties or other rights are implied in these Terms & Conditions or otherwise conferred by law, and it is not lawful or possible to exclude them, then those conditions, warranties or other rights will (but only to the extent required by law) apply to these Terms & Conditions. At the option of BPS, the liability of BPS for breach of implied conditions or warranties is limited, to the extent permitted by law, to the supply of the services again or the payment of the cost of having the services supplied again.
Release and indemnity
16. You agree that you release us in relation to any liability (however described) you may suffer or incur and indemnify us in relation to any such liability that any third party may suffer or incur due to -
(a) the report you order or download not being suitable for its intended purpose; or
(b) your breach of any provision of these Terms & Conditions.
Refunds and exchanges
17. You acknowledge and agree that because of the nature of the reports we supply, we will provide any refunds or exchanges in relation to a report, in exceptional circumstances which will be at the absolute discretion of BPS.
Governing law and jurisdiction
18. These Terms & Conditions are governed by the laws applying in the State of New South Wales and you and BPS irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts exercising jurisdiction in that State.
Interpretation
19. In these Terms & Conditions -
(a) a reference to BPS includes BPS, its officers, directors, employees, agents, sub-contractors, successors and permitted assigns;
(b) the singular includes the plural and vice versa; and
(c) a reference to a sum of money is a reference to Australian dollars.
Enquiries
If you wish to make any enquiries about these Terms & Conditions or our services, please contact BPS before you order a report.
Acknowledgement and acceptance
By ordering a report from BPS you acknowledge that you have read and understood, and that you accept these Terms & Conditions.
If you do not wish to accept these Terms & Conditions, simply log out and leave the site without placing an order
