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Pool Safety Inspections Brisbane

Terms & Conditions

1        Definitions

In these conditions, unless the contrary intention appears:

(a)      “Business Day” means a day other than a Saturday, Sunday or public holiday in Brisbane

(b)      “Customer” means the person or organisation that agrees to these conditions and that has requested or requests that TPFP inspect the Pool Fence and issue a pool safety certificate.

(c)      “Inspector” means an employee of contractor of TPFP.

(d)      “Land” means on which the Pool Fence is located.

(e)      “Owner” means the registered owner of the Land.

(f)       “Pool Fence” in respect of which a request has been made to TPFP for a pool fence inspection and the issue of a pool safety certificate

(g)      “TPFP” means Inforama Pty Ltd ACN 124 647 052 trading as “The Pool Fence People”.

 

2        Customer’s Payment Obligations

The Customer agrees:

(a)      to pay to TPFP the published inspection fee prior to the day scheduled for the inspection of the Pool Fence; and

(b)      that if the Customer does not strictly comply with the Customer’s obligation as set out in paragraph (a), TPFP has no obligation whatsoever to inspect the Pool Fence or issue a pool safety certificate in respect of the Pool Fence and it is deemed that the Customer has cancelled the scheduled inspection of the Pool Fence.

If the Customer cancels or is deemed to have cancelled the scheduled inspection of the Pool Fence

(c)      more than one Business Day prior to the day scheduled for the inspection of the Pool Fence, a $45.00 administration fee is immediately payable to TPFP; and

(d)      at any other time, an administration and reimbursement fee equal to the published inspection fee is immediately payable to TPFP, but the published inspection fee is not payable.

3        Customer’s Warranty and Other Obligations

The Customer:

(a)      agrees that if the Customer is not the Owner, the Customer will within 2 days of receipt deliver to the Owner all documentation issued by TPFP to the Customer;

(b)      warrants that the Inspector is irrevocably authorised to enter the Land for the sole purpose of conducting an inspection (and any necessary reinspection) of the Pool Fence;

(c)      agrees that the Owner or the Owner’s duly authorised agent will be present at all times the Pool Fence is inspected (or reinspected) by the Inspector;

(d)      will ensure that it is physically safe for the Inspector to attend on the Land for the purpose of conducting an inspection of the Pool Fence; and

(e)      will keep all pets and other animals (whether dangerous or not) owned or in the possession or control of the Owner, any occupier of the Land and/or the Customer away from the Inspector and restrained so as to prevent escape from the Land while the Inspector inspects the Pool Fence.

 

4        Pool Safety Certificate

TPFP is only required to issue a pool safety certificate in respect of the Pool Fence if the Inspector if of the belief that all relevant requirements have been met.

If the Owner is not satisfied with any decision of TPFP in relation to the pool fence certificate, the Owner is entitled to lodge an appeal with the Pool Safety Council

If TPFP issues a nonconformity notice in respect of the Pool Fence, TPFP is legally obliged to:

(a)      reinspect the Pool Fence at the request Owner made within 3 months of issue of the nonconformity notice; and

(b)      advise the relevant local government if the Owner does not make the request set out in paragraph (a) within the time set out in paragraph (a).

The Customer must pay to TPFP the then published inspection fee in respect of any reinspection.  Clause 2 of these conditions applies in respect of any reinspection.

5        Privacy

TPFP will not divulge confidential or commercially sensitive information discovered in the performance of an inspection unless directed to do so in writing by the appropriate authority following National Privacy Principles under the Commonwealth Privacy Act 1988.

TPFP may (but are not obliged to) contact the owner of the Land before the expiry of a pool safety certificate to remind the owner that the owner must seek a new pool safety certificate.  If the Customer or the Owner does not want TPFP to do this the Customer or the Owner must expressly advise TPFP in writing.

6        Other Issues

TPFP reserves the right not to conduct an inspection of a Pool Fence.  If TPFP exercises this right, any money paid by the Customer or the Owner to TPFP in respect of the requested inspection of the Pool Fence will be promptly refunded by TPFP.

TPFP is not responsible for any loss suffered or expense incurred by the Customer or the Owner in respect of any failure or delay in the performance of TPFP’s obligations to the Customer or the Owner where such failure or delay is due to any cause outside the reasonable control of TPFP.

TPFP will only inspect the Pool Fence for the benefit of the Customer.  TPFP and any Inspector are not liable to any third party in relation to any inspection of a Pool Fence.  To the extent permissible by law, TPFP’s liability to the Customer or the Owner for any error made by TPFP or the Inspector in relation to the issue or non issue of a pool safety certificate or a nonconformity notice is limited to the fee paid by the Customer to TPFP in respect of the relevant inspection.