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POOL BARRIER INSPECTION AGREEMENT

PARTIES

A. Certified Pool Sydney Pty Ltd A.C.N. 658 996 546 (“Company”)

B. of (“You”)

Phone No:

Email Address:

in relation to the pool at (the “Pool”)

 

Agreement

By signing the signature box and paying the agreed fee, You are entering into an agreement (“this agreement”) with the Company to perform any or all of the services (the “Services”) as specified in Part E below in relation to the Pool subject to and upon the terms and conditions set out below as well as all other relevant information provided on the website www.certifiedpool.com.au (the “Website”).

The Company agrees to carry out the Services by its certifiers, either Granville Harris or Ivanna Arpel (the “Certifier”), whose details are set out below.

 

Date of this agreement:

 

A. Representations and warranties

• The Company represents and warrants that the Certifier is accredited under the Building and Development Certifiers Act 2018 and is accredited to carry out inspections of swimming pools and to issue certificates of compliance under the Swimming Pools Act 1992 (NSW).
• You represent and warrant that You are the owner of the Pool.

 

 

 

 

B. Required particulars

The Company –

Name of the Company: Certified Pool Sydney Pty Ltd A.C.N. 658 996 546

Address of place of business: 1/233-237 Military Road Cremorne N.S.W. 2090

Telephone: (02) 9953-6700

Email Address: info@certifiedpool.com.au

 

Registered Swimming Pool Inspectors –

Name of Inspector: Granville Harris - Registration number: BDC04861

Name of Inspector: Ivanna Arpel - Registration number: BDC05218

 

C. Certifier’s insurance details - Granville Harris

Professional indemnity insurance

Name of insurer: Certain Underwriters At Lloyd's

Address: ASR Underwriting Agencies Pty Ltd., PO Box 491 Beenleigh QLD 4207

Policy no/identifier: ARPI9090/ASR

Period of insurance cover: 31/3/2024 to 31/3/2025

Public liability insurance

Name of insurer: Lloyd’s of London

Address: ASR Underwriting Agencies Pty Ltd., PO Box 491 Beenleigh QLD 4207

Policy no/identifier: 1608GL11591

Period of insurance cover: 31/3/2024 to 31/3/2025

Certifier’s insurance details - Ivanna Arpel

Professional indemnity insurance

Name of insurer: Certain Underwriters At Lloyd's

Address: ASR Underwriting Agencies Pty Ltd., PO Box 491 Beenleigh QLD 4207

Policy no/identifier: ARPI9625/ASR

Period of insurance cover: 17/04/2024 to 17/04/2025

Public liability insurance

Name of insurer: Lloyd’s of London

Address: ASR Underwriting Agencies Pty Ltd., PO Box 491 Beenleigh QLD 4207

Policy no/identifier: 1608GL117180

Period of insurance cover: 17/05/2024 to 17/04/2025

 

D. Fees

You must pay all fees for the Services at point of booking to the Company prior to and as a condition of the Certifier carrying out the Services.

• Express inspection (inspection generally carried out within 2 working days) including certificates and/or notices, as appropriate: $590.00 (including GST).
• Standard inspection (inspection generally carried out within 7 working days) including certificates and/or notices, as appropriate: $450.00 (including GST).
• Additional inspection including certificates and/or notices, as appropriate: $225.00 (including GST).

Fees for second and subsequent inspections will be charged and must be paid prior to the inspection.

Pursuant to section 22D (4) of the Swimming Pools Amendment Act 2012 (NSW), the Company may withhold the issue of a certificate of compliance until relevant fees have been paid.

Subject to Section F, the Company will make all reasonable endeavours to inspect the Pool and issue any certificate with the time frame indicated by the level of fee. However, to the fullest extent permitted by law the Company shall not be liable for loss or damage including economic loss you may sustain if the Company for any reason does not inspect and certify within the relevant period, and You agree to indemnify the Company against any such loss or damage.

 

E. Description of Services

The Company will perform all work necessary to comply with relevant statutory requirements, including

• inspecting the swimming pool; assessing whether the swimming pool complies with the requirements for the issue of a certificate of compliance under s.22D of the Swimming Pools Act 1992 (NSW) issuing certificate of compliance to the Owner if the swimming pool complies
• issuing the following if the swimming pool is non-compliant:
  • written notice under section 22E of the Swimming Pools Act 1992 (NSW); and
  • a certificate of non-compliance if requested within seven days of the date of inspection;
• providing a copy of the section 22E written notice to the relevant local council:
  • immediately where, in the opinion of the Certifier, the pool poses a significant risk to public safety; or
  • within five days after the expiry of six weeks from the date of inspection unless a certificate of compliance is issued beforehand;
• if necessary, re-inspecting the swimming pool, and issuing certificates and/or written notices, as appropriate; and
• updating the property record on the NSW Swimming Pool Register, as required.

To avoid doubt, you acknowledge and agree that all certificates and notices provided as part of the Services are final and that you will not place any reliance on advice provided to you (verbal or otherwise) except as expressly set out in writing in a certificate or notice issued under the Swimming Pools Act 1992 (NSW).

You acknowledge and agree that photographs will be taken as part of the Services. By engaging the Company to perform the Services you agree that photographs may be taken of your property and you forfeit any right to those photographs and any intellectual property attached to those photographs taken in performance of the Services.

The Services are provided only in relation to the provision of a certificate of compliance under s.22D of the Swimming Pools Act 1992 (NSW) or written notice under section 22E of the Swimming Pools Act 1992 (NSW) (the “Limited Purpose”). The Services are not provided for any purpose other than the Limited Purpose, and You must not use the Services for any other purpose.

To the fullest extent permitted by law, the Company (and each of its directors, officers, employees, affiliates, agents, contractors or licensors including without limitation the Certifier) will not be liable for any direct, indirect, incidental or consequential loss arising from Your use of the Services for any purpose other than the Limited Purpose.

To the fullest extent permitted by law, You agree to indemnify the Company (and each of its directors, officers, employees, affiliates, agents, contractors or licensors including without limitation the Certifier) from and against any claims arising out of your breach of this Agreement including your use of the Services for any purpose other than the Limited Purpose or the performance by the Certifier of the Services (including without limitation claims arising as a result of damage to Your property that occurs during performance of the Services).

 

F. Your responsibility

You agree to ensure that –

• access to the relevant swimming pool is free from hazards; and
• animals are locked away from the pool area.

You also hereby acknowledge and agree that, if the Company is unable to perform the Services because of hazards, animals, lack of access or the like, You will not be entitled of a refund of any fees paid for the performance of the Services.

 

 

G. Your declaration

By agreeing to this Agreement You declare that:

• You have freely chosen to engage the Company and the Certifier as certifier of the Pool; and
• You have read this Agreement and all documents accompanying this Agreement (including without limitation the Information Sheet) and You understand the roles and responsibilities of Yourself and the Certifier.

Where this agreement is agreed upon by an agent, solicitor or conveyancer for and on behalf of the owner of the Pool, the agent, solicitor or conveyancer by his agreement represents and warrants that he has full authority to enter into this agreement on behalf of and so as to be binding on the owner of the Pool.

 

Signed for and on behalf of Certified Pool Sydney Pty Limited

Granville Harris

Granville Harris