Terms & Conditions

These Terms & Conditions (Terms) apply to the website, enquiries, bookings and services supplied by Mitchell Aaron Callagher trading as CBR Property Inspections (CBRPI, we, us or our), ABN 25 140 569 907. 

Our contact details are info@cbrpropertyinspections.com.au, 0433 729 182 and www.cbrpropertyinspections.com.au. Our public business hours are Monday to Friday, 8:00 am to 5:00 pm, with weekend appointments by arrangement. 

A service proposal, quotation, engagement letter, inspection agreement or report may contain additional terms specific to a service. If there is an inconsistency, the specifically agreed document prevails to the extent of the inconsistency, except that mandatory rights under law continue to apply.

You accept these Terms when you sign or electronically accept them, approve a quotation, request that we proceed after receiving them, pay an invoice or deposit, or use a completed service. If you book for another person or entity, you confirm that you have authority to bind them and to provide the information supplied to us. 

A website enquiry is not a confirmed booking. A booking is confirmed when we issue written confirmation or otherwise clearly accept the engagement. We may decline work before confirmation where the requested scope, timing, access, conflict, safety risk or required expertise cannot reasonably be accommodated.

CBRPI provides property-related inspection, assessment and reporting services. Depending on the agreed scope, these may include pre-purchase building and timber pest inspections, construction stage inspections, practical completion and defect inspections, compliance-related observations, energy efficiency ratings or assessments, acoustic observations, moisture and mould assessments, insurance or water-ingress assessments, and expert or technical reporting. 

The exact service, property, fee, inspection date, intended purpose, deliverables and any special assumptions or exclusions are those recorded in our written booking confirmation, quotation or engagement letter. 

Pre-purchase residential building and timber pest services will be undertaken with reference to applicable law and the agreed scope, and where relevant to AS 4349.1-2007 and AS 4349.3-2010. 

Other services may require a different scope, methodology or standard, which will be identified in the relevant engagement documentation. 

Unless expressly agreed otherwise, an inspection is a visual, non-invasive assessment of areas that are safely and reasonably accessible at the time of inspection. It is not destructive testing, continuous monitoring, a guarantee that a property is defect-free, or a warranty against future failure. 

1. Concealed or inaccessible areas, including areas behind finishes, stored items, insulation, furniture, appliances, locked doors or panels, are excluded unless access is safely available and included in the agreed scope. 
2. We do not move heavy furniture, disturb insulation, cut openings, lift fixed flooring, dismantle components or enter unsafe areas unless separately agreed and properly authorised. 
3. Weather, occupancy, obstructions, height, confined spaces, construction activity, services, animals, contamination and other site conditions may limit access or the tests that can be performed. 
4. Photographs and instruments support professional judgement but do not eliminate the limitations of a visual inspection. Thermal imaging, moisture meters, drones, cameras, probes or other tools are used only where appropriate and do not guarantee detection of 
concealed conditions. 
5. Conditions may change after inspection. Our report records observations and opinions based on the information and conditions available at the inspection date and time.

Building and construction inspections 
Unless expressly included, our service is not a structural engineering design or certification, land survey, quantity survey, property valuation, legal opinion, exhaustive regulatory audit or building approval search. Where specialist investigation is recommended, the client should obtain it before making or finalising a material decision.

Timber pest inspections 
A timber pest inspection is non-invasive unless otherwise agreed. It cannot establish that pests or damage are absent from concealed or inaccessible areas, and it is not a treatment, prevention program or future warranty. Recommendations for further investigation, treatment, monitoring or improved access should be acted on promptly.

Energy, acoustic, moisture and mould services 
Energy ratings and assessments rely on approved software, the documentation and building inputs available, and stated modelling assumptions; they are not a prediction of actual energy bills or occupant behaviour. Acoustic, moisture and mould observations are not laboratory, medical, occupational hygiene or engineering advice unless that specialist scope is expressly included.

Expert and dispute-related work 
Expert witness, tribunal, court, insurance and dispute-related services require a separate written engagement. Any overriding duty owed by an expert to a court or tribunal takes priority over the client's preferred outcome. We do not provide legal advice.

You must provide complete and accurate information reasonably relevant to the service and promptly tell us about deadlines, known hazards, access restrictions, disputes, previous reports, plans, approvals, engineering documents, building contracts and any particular purpose you want the service to address. 

You must arrange lawful, timely and safe access to the property and all areas within scope, including permission from the owner, occupier, builder, agent or owners corporation where required. You must ensure that access contacts are informed and that keys, gates, alarms, animals and site inductions are managed. 

You must not ask us to trespass, breach site rules, perform unsafe work, damage property without authority, or give an opinion outside our competence. We may stop, postpone or limit an inspection if we reasonably consider conditions unsafe or access unauthorised.

We may rely on information and documents supplied by you or by persons you authorise, unless their inaccuracy is obvious. You are responsible for ensuring that you are entitled to provide them and that relevant versions are supplied before the service is performed. 

We do not independently verify title, boundaries, approvals, certificates, plans, specifications, contracts or statements by third parties unless that verification is expressly included. If information is late, incomplete or materially changed, we may revise the scope, timing or fee with your agreement.

A report is prepared for the named client, property, inspection date and stated purpose. It must be read in full, including its scope, limitations, photographs, risk ratings and recommendations. Headings, summaries, cost indications and verbal comments must not be read in isolation. 

Verbal comments are preliminary unless confirmed in the final written report. If an urgent issue is identified, we may alert you before the report is issued, but that alert is not a substitute for the completed report. 

No other person may rely on a report without our prior written consent. We may require information about the proposed recipient and purpose before agreeing. This does not prevent you from providing the report to your lawyer, conveyancer, lender, builder, insurer or adviser for the purpose for which it was commissioned, but it does not automatically create a duty of care to that recipient. 

You should obtain recommended specialist advice, further testing and repair quotations before the relevant contractual or decision deadline. Indicative cost ranges are general guidance only, may exclude design, access, approvals, latent conditions, escalation and consequential work, and are not quotations.

We will use reasonable efforts to attend and deliver within the confirmed timeframe. Delivery estimates may be affected by access, weather, safety, document availability, the complexity of findings, third-party information and events beyond reasonable control. 

You must tell us in writing before booking of any exchange, cooling-off, auction, finance, handover, defect-liability, tribunal, court or other critical deadline. Unless we expressly agree to meet it, a deadline is not part of the service commitment. 

Reports are generally delivered electronically to the email address or portal nominated by the client. You must promptly notify us if the report is not received or cannot be opened.

Fees are those stated in the accepted quote or booking confirmation. Unless stated otherwise, consumer-facing prices include GST. Additional services, travel outside the quoted area, return visits, specialist testing, document review, meetings, conferences, supplementary reports and expert evidence may attract additional fees where disclosed and agreed before the extra work proceeds. 

Payment is due at the time stated on the invoice or booking confirmation. We may require payment before inspection or before releasing a report. If an invoice is disputed, you must promptly identify the disputed amount and reasons; any undisputed amount remains payable. 

Card and online payment services may be provided by third parties. Any payment surcharge will be disclosed before payment and will not exceed the amount permitted by law.

A request that changes the property, service, timing, deliverable or level of investigation is a variation. We will explain any material fee or timing effect and obtain agreement before proceeding, except where immediate action is reasonably necessary for safety or to protect property and you cannot be contacted. 

A reinspection confirms conditions visible at the reinspection date and is not a guarantee that all work is complete or compliant. Unless included in the original quote or required as a remedy for our failure to meet a legal guarantee, a reinspection is a separate service.

The Cancellation & Refund Policy published with these Terms forms part of the agreement. It explains notice periods, reasonable cancellation costs, rescheduling, access failures, package cancellations and refunds. No cancellation charge applies where the law gives you a right to cancel without charge.

Our services come with consumer guarantees that cannot be excluded where the Australian Consumer Law applies. Services must be supplied with due care and skill, be fit for an agreed disclosed purpose where that guarantee applies, and be supplied within a reasonable time where no time is fixed. 

If a service fails to meet a consumer guarantee, you may be entitled to a remedy such as having the service supplied again, a price reduction, refund, cancellation and/or compensation for reasonably foreseeable loss, depending on the circumstances and whether the failure is major or minor. 

Nothing in these Terms excludes, restricts or modifies a non-excludable guarantee, condition, warranty, right or remedy. Any limitation in these Terms applies only to the extent permitted by law. 

Each party is responsible for loss to the extent it is caused by that party's breach, negligence or unlawful act. We are not responsible for a defect or loss merely because it was concealed, inaccessible, outside the agreed scope, arose after inspection, or could not reasonably have been identified through the agreed method, except to the extent the loss was caused by our failure to exercise due care and skill. 

To the extent permitted by law, neither party is liable to the other for remote or unforeseeable loss. You must take reasonable steps to reduce avoidable loss, including acting promptly on significant safety, structural, moisture, pest or further-investigation recommendations. 

Where the law permits a statutory guarantee for services not ordinarily acquired for personal, domestic or household use to be limited, our liability for failure to comply is limited, at our option, to supplying the services again or paying the reasonable cost of having them supplied again. This limitation does not apply where it would be unfair, unreasonable or unlawful.

We retain copyright and other intellectual property rights in our report formats, photographs, diagrams, methods and website content. Once the relevant fee is paid, the client receives a nonexclusive licence to use and reproduce the report for the stated purpose and to provide it to authorised advisers and relevant transaction or project participants. 

A report must not be altered, selectively reproduced in a misleading way, resold, published to the public or used for a different property or purpose without our written consent. Client-supplied plans, photographs and documents remain the property of their owners. 

Inspection photographs will not be used for public marketing merely because you accepted these Terms. Identifiable project photographs or testimonials will only be used for marketing with appropriate permission. We may use properly de-identified information for internal training, quality assurance and service improvement where lawful.

Our Privacy Policy forms part of these Terms and explains how we handle personal information. You consent to us communicating with access contacts and disclosing the minimum information reasonably necessary to arrange and perform the service. You must only provide another person's personal information where you are authorised to do so and should tell them that our Privacy Policy applies.

Website content is general information and is not a substitute for an inspection or advice addressing a specific property. Although we aim to keep content accurate and available, information may be incomplete, become outdated or be interrupted. External links are provided for convenience; we do not control third-party content or privacy practices. 

You must not misuse the website, attempt unauthorised access, introduce malicious code, copy content in breach of our rights, scrape personal information, impersonate another person or use the website unlawfully.

If you have a concern, contact us promptly at info@cbrpropertyinspections.com.au or 0433 729 182 with your name, property, report date, the issue and the outcome sought. We will acknowledge the complaint and investigate it fairly, which may include reviewing the file, asking for information or arranging reasonable access to inspect the issue. 

The parties should first try to resolve the matter in good faith. This does not prevent either party from seeking urgent relief or exercising a statutory right. If unresolved, a consumer may contact the ACCC for information, Access Canberra or NSW Fair Trading as applicable, or the court or tribunal with jurisdiction.

Neither party is responsible for delay or non-performance to the extent caused by an event outside reasonable control, including severe weather, unsafe site conditions, emergency, illness, road closure, utility failure or government direction. The affected party must communicate promptly and take reasonable steps to minimise disruption. Fees and refunds for unperformed services will be 
dealt with fairly under the Cancellation & Refund Policy and applicable law. 

We may update these Terms for future bookings by publishing a revised version and effective date. The version accepted when a booking is confirmed applies to that booking unless a change is required by law or is agreed by both parties. We will not unilaterally impose a material adverse change on an existing confirmed booking. 

If a provision is unlawful or unenforceable, it is read down to the minimum extent necessary or severed, and the remaining provisions continue. A failure to enforce a right is not a waiver. No person other than the parties obtains contractual rights under these Terms merely because they receive a report. 

These Terms and the specifically agreed service documents record the agreement about the service and replace earlier discussions about the same subject matter, but they do not exclude liability for misleading conduct or any right that cannot lawfully be excluded. 

The agreement is governed by the laws applicable where the service is principally supplied and the inspected property is located, subject to any mandatory law. The parties submit to courts and tribunals with lawful jurisdiction.