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Pool Inspection Terms

Before booking, please take a moment to read these terms. They explain how pool and spa safety inspections are carried out, your obligations as the property owner, and what happens if your pool or spa does not comply with safety requirements. In summary: inspections are conducted under NSW law and Australian Standards, cancellation fees may apply, non-compliant pools or spas must be rectified within six weeks, and high-risk installations are reported to council immediately. All inspectors engaged by PoolCheck Inspections are accredited in NSW. By proceeding with your booking, you agree to these terms.

Terms & Conditions – Pool and Spa Safety Inspections

1. Overview

These terms set out the conditions under which a pool or spa safety inspection will be carried out by PoolCheck Inspections (ABN 67 265 293 086). They apply whenever a Client engages the Inspector for services. All inspections are conducted in accordance with the Swimming Pools Act 1992 (NSW) (Part 2A), the Swimming Pools Regulation 2018 (NSW) (Part 5, Div 4), and relevant Australian Standards (AS 1926.1—2012 and AS 1926.2—2007). All inspectors engaged by PoolCheck Inspections are appropriately accredited in NSW.

2. Acknowledgment by Property Owner

2.1 Representation

The Property Owner acknowledges that a duly authorised representative (e.g., solicitor or conveyancer) may agree to these terms on their behalf. In such cases, it is assumed the representative has reviewed the document and conveyed its contents to the Property Owner in full.

2.2 Inspector Rights and Obligations

  • The Inspector may cease the inspection at any point. Any pre-paid deposit will be refunded, with no further fees applicable.

  • All inspections are performed strictly in line with the legislation and Standards noted above. Certificates are issued only by an accredited certifier or council inspector in accordance with the Act.

2.3 Terminology

  • Barrier: A physical or natural structure restricting entry to the pool or spa area, such as fencing or walls.

  • Certificate of Compliance: Issued under section 22D of the Swimming Pools Act 1992. Valid for three years unless a direction is given under section 23.

  • Certificate of Non-Compliance: Issued under section 22E of the same Act for pools/spas that do not meet regulatory standards.

  • Pool or Spa Area: The designated, enclosed area where the pool or spa is located.

  • Report: A document issued after the inspection detailing findings, compliance status, and any necessary actions.

  • Swimming Pool / Spa: Any artificially constructed water body exceeding 300mm in depth used for swimming or recreation, including spa pools as defined in section 3 of the Act.

  • Pool Inspector: A certified professional authorised to conduct compliance checks and issue relevant certifications.

  • Inspection Service Provider (We/Us/Our): Refers to PoolCheck Inspections.

  • Property Owner (You/Client/Owner): The individual or entity requesting inspection services and responsible for payment.

3. Agreement Terms

3.1 Commencement Date

This Agreement takes effect on the date it is accepted.

3.2 Fees and Certificates

All service fees are due prior to the commencement of any work unless otherwise arranged by a partnership agreement.

  • Fees: Refer to Invoice.

  • Overdue Accounts: Accounts beyond 30 days may be referred to a debt collection agency, with collection costs added to your invoice.

3.3 Cancellations or Changes by the Owner

  • More than 48 hours’ notice: No rescheduling fee. $80 admin fee applies for cancellations.

  • 24–48 hours’ notice: $50 rescheduling fee, $100 cancellation fee.

  • Less than 24 hours’ notice: $80 rescheduling fee. No refund for cancellations.

3.4 Failure to Provide Access

If the Owner is unavailable or access is restricted, the inspection may be cancelled. In such cases, the standard fee remains payable.

4. Scope and Responsibilities

4.1 Eligibility

Inspection services are provided to individuals legally permitted to enter into contracts.

4.2 What the Inspection Covers

  • Compliance Check: Inspector assesses pool/spa for safety compliance.

  • Issuance of Certificate: If compliant, a Certificate of Compliance is issued.

  • Non-Compliance Process:

    1. A Certificate of Non-Compliance will be issued within 7 days of the inspection, in accordance with Clause 21 of the Swimming Pools Regulation 2018 (NSW).

    2. Under s22E(3) of the Swimming Pools Act 1992, the Owner has six weeks to rectify non-compliance. If unresolved, the matter must be referred to the local council.

    3. Reinspection may be conducted if required.

    4. High Risk Pools/Spas: If, in the opinion of the Inspector, the pool or spa poses a significant risk to public safety, the matter must be reported to the local council immediately under s22E(2) of the Act. In such cases, the Owner is not entitled to a six-week rectification period.

5. Resolving Disputes

  • Complaints must be submitted in writing within 14 days of report delivery.

  • The Inspection Provider must be allowed access within 21 days to investigate the complaint.

  • If unresolved, mediation will be initiated, with costs shared.

  • If mediation fails, arbitration may be pursued.

  • Obligations must be fulfilled during dispute resolution; litigation can only proceed after following this process.

6. Legal Framework

  • Jurisdiction and Interpretation: This Agreement is governed by the laws of NSW and is to be interpreted under the laws of the state where the inspection occurs. These terms are binding on successors and assigns.

  • Electronic Signatures: Electronic signatures are valid and enforceable. Paper copies can be requested from the Inspection Provider.

7. Client Agreement

  • You affirm that you understand and accept the terms of this Agreement.

  • You acknowledge that your engagement of services is informed and voluntary.

  • You accept responsibility for your obligations and roles under this Agreement.

  • You acknowledge obligations under Clause 31 of the Building and Development Certifiers Regulation 2020 (NSW) and references available on the NSW Fair Trading website.

8. Inspection Report and Limitations

  • Report Focus: The report identifies notable defects visible at the time of inspection. It does not serve as a building or structural assessment.

  • Inspection Limits: Only accessible and visible areas are inspected. Obstructions or concealed elements are not part of the inspection.

  • Hidden Issues: The Inspector is not liable for undetectable defects. The Owner indemnifies the service against such claims.

  • Responsibility for Outcomes: Non-action on recommendations may result in penalties or liabilities.

  • Notification Duties: Non-compliance must be reported to local authorities within six weeks. Failure to do so may trigger enforcement measures.

9. Access and Safety Requirements

  • Access Provisions: Full access must be provided on the scheduled date. Failure may result in service charges. Rescheduling is subject to availability.

  • Site Safety: The Owner must ensure a hazard-free inspection environment (e.g., safe surfaces, secured pets). The Owner bears responsibility for injuries caused by site conditions.

  • Additional Items: Proof of pool or spa registration and construction date is required. Older glass panels may not meet current standards and are not inspected for compliance. A qualified glazier should be consulted.

10. Liability and Indemnity

  • General Limitations: The Inspection Provider is not liable for direct or indirect damages from the service. Barrier strength testing may cause damage; the Owner accepts responsibility.

  • Specific Exclusions: No liability for inaccessible areas. Reports are not transferable; only the Property Owner may rely on them.

11. Additional Pools or Spas

All pools and spas on the property must be inspected. Compliance will be evaluated individually. Relevant findings may be shared with local authorities as required.

Last updated: September 2025