Legal

Terms & conditions

Please read these terms carefully before engaging PoolPro Inspectors for pool barrier inspection and certification services.

Last updated: May 2025

1. Scope of Inspection & Report

The inspection report produced by PoolPro Inspectors is intended to identify visible and apparent defects in pool and spa barriers at the time of inspection. It is not an exhaustive assessment of pool construction, building structure, or general property condition. The nature and significance of any reported defects will be considered relative to the age, type, and condition of the barriers inspected.

This report does not constitute a Pool Safety Certificate under any Act, Regulation, Ordinance, or By-law. It is not a building, structural, or construction assessment. If you require advice of a structural or construction nature, you should engage a suitably qualified builder or structural engineer.

Any decision not to act on the findings or recommendations of the report is made at your own risk.

2. Limitations of Access & Inspection

All inspections are conducted on-site and are limited to areas of the property that are fully accessible and clearly visible to the inspector at the time of the visit. The inspection does not involve dismantling, removing, or relocating any objects — including but not limited to vegetation, furniture, building elements, fixtures, appliances, or personal belongings.

The inspector is unable to assess areas that are concealed, obstructed, or otherwise inaccessible. No invasive procedures — such as digging, gouging, or forcing — are performed during any inspection.

You acknowledge that the inspector cannot be held liable for any failure to identify a defect that was concealed by the property owner, and you agree to indemnify the inspector in respect of any such concealed defect.

3. Owner’s Responsibility to Act

If you do not follow the recommendations contained in the report in accordance with the applicable Australian Standards and legislative requirements, you acknowledge and accept that you may suffer financial loss or penalty. You agree to indemnify PoolPro Inspectors against all losses incurred as a result of your failure to act on our recommendations.

You further indemnify PoolPro Inspectors in respect of any liability — including all claims, actions, proceedings, judgments, damages, losses, interest, costs, and expenses — which may arise directly or indirectly from the unauthorised distribution of the report to any third party without our prior written consent.

4. Council Notification of Non-Compliance

Where a pool or spa barrier is found to be non-compliant, the relevant local government authority must be notified within six (6) weeks of the date the certificate of non-compliance is issued, unless a certificate of compliance is issued in the interim. The local authority may then take enforcement action, impose penalties, or pursue other regulatory measures as it sees fit.

If the barrier presents a significant and immediate risk to public safety, notification to the local council will occur without delay.

5. Property Access & Failed Access

PoolPro Inspectors maintains communication throughout the engagement to arrange suitable access to the property. If the property owner is not present at the scheduled time, or access to the property is otherwise unavailable, the inspector reserves the right to terminate the engagement. The full inspection fee remains payable in this circumstance.

6. Rescheduling & Availability

All rescheduled inspections and reinspections are subject to the inspector’s availability.

7. Glass Barrier Disclaimer

Glass panels used in older pool fencing or imported barrier products may not comply with current glass safety standards (AS 1288). Assessment of glass compliance falls outside the scope of a pool barrier inspection. In the interest of safety, we recommend that a qualified glazier assess all glass panels and gates for compliance with the applicable standard. Any non-compliant glass should be replaced promptly.

8. Asbestos Disclaimer

No inspection for asbestos-containing materials is carried out as part of our service, and no assessment of the presence or absence of asbestos is included in the report. If you have concerns about asbestos at your property, you should engage a licensed asbestos assessor.

9. Workplace Health & Safety

The property owner is responsible for ensuring that the inspection area is safe and free from hazards at the time of the inspection. This includes — but is not limited to — securing pets, removing trip or slip hazards, covering exposed electrical wiring, and clearing sharp objects from the vicinity of the barrier.

Should the inspector sustain injury as a result of hazards present at the property during the inspection, the property owner accepts full liability for compensation arising from that injury.

10. Strength & Rigidity Testing

Under pool safety legislation, inspectors are required to conduct strength and rigidity testing on pool barriers. This may involve the application of forces up to 330 Nm (approximately 33 kg) on posts and footings, and up to 250 Nm (approximately 25 kg) on barrier sections between posts. Any damage to barriers resulting from this mandatory testing is the responsibility of the property owner.

11. Limitation of Liability

PoolPro Inspectors does not accept liability for any failure of the report to identify defects in areas or sections of the property that were physically inaccessible at the time of inspection, or to which access was denied or restricted — whether by the property owner or any other party.

12. Liability to Third Parties

PoolPro Inspectors accepts no liability for any loss, damage, cost, or expense suffered by any person other than the commissioning client in connection with the use of the report. This applies regardless of the purpose for which the report is used — including but not limited to the sale, purchase, lease, or securing of finance against the property — to the fullest extent permitted by law.

13. Additional Pools or Spas on Site

Where an additional pool or spa is located on the same property, the inspector is obligated to assess its compliance as part of the engagement, in accordance with the responsibilities of a registered pool inspector under the relevant legislation.

14. Dispute Resolution

Any dispute relating to the inspection or the report must be submitted in writing within fourteen (14) days of report delivery. Both parties agree to attempt mediation in good faith before commencing formal legal proceedings.

15. Cancellation & Rescheduling Fees

Questions about our terms

We’re happy to clarify anything before you book.