Terms & Conditions

By clicking the “I agree to the Terms & Conditions” button you represent and warrant that you understand and agree to these terms and conditions and that you are entering into a legally enforceable agreement on the terms set out below. These terms and conditions apply to services (including physical inspections and testing and the provision of any certificates, reports or other materials) as described at the website www.certifiedpool.com.au and under Part E ‘Description of Services’ below (the “Services”) and provided by Certified Pool Consultants Pty Limited (ACN 128 742 781) only (the “Company”).

Agreement

You agree that by making a booking through this website (www.certifiedpool.com.au) or any part thereof the “Website”) or otherwise engaging the Company to perform any or all of the Services, you are entering into an agreement for swimming pool inspection that is subject to these terms and conditions as well as all other relevant information provided on the Website including at the time of booking (the ”Agreement”).

You represent and warrant that you are the owner or the owner’s authorised representative of a swimming pool in New South Wales at the address provided on the booking page of the Website (the “Owner”). You hereby acknowledge that you are entering into the Agreement with Robert Guthrie of Certified Pool Consultants Pty Limited (the “Certifier”).

A. Introduction

The Certifier is accredited under the Building Professionals Act 2005 and is authorised to carry out inspections of swimming pools and to issue certificates of compliance under the Swimming Pools Act 1992 (NSW).

B. Parties to the Agreement

The Agreement is as between the Certifier and the Owner.

Name of Certifier: Robert Guthrie
Accreditation number: 2392, Category E1
Trading name: Certified Pool
Address: 1/50 Yeo St, Neutral Bay NSW 2089
Telephone: (02) 9953-6700

C. Certifier’s insurance details

Professional indemnity insurance
Name of insurer: Lloyds of London
Address: C/- ASR Underwriting Agencies P.O. Box 491 Beenleigh QLD 4207
Policy no/identifier: APR14877/ASR
Period of insurance cover: from 12/03/2017 to 12/03/2018

Public liability insurance
Name of insurer: Lloyds of London
Address: C/- ASR Underwriting Agencies P.O. Box 491 Beenleigh QLD 4207
Policy no/identifier: 2003GL5645
Period of insurance cover: from 12/03/2017 to 12/03/2018

D. Fees

All fees for the Services are paid at point of booking and, in any event, must be paid to the Certifier before the Certifier carries out the work described under Part E ‘Description of Services’.

  1. Express inspection (inspection generally carried out within 2 working days) including certificates and/or notices, as appropriate: $500.00 (not including GST).
  2. Standard inspection (inspection generally carried out within 7 working days) including certificates and/or notices, as appropriate: $390.00 (not including GST).
  3. Additional inspection including certificates and/or notices, as appropriate: $195.00 (not including GST).

Second and subsequent inspections will be charged prior to the inspection.

A certificate of compliance may be refused to be issued until relevant fees have been paid in accordance with section 22D (4) of the Swimming Pools Amendment Act 2012 No 77 (NSW).

E. Description of Services

The Certifier 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.

To the maximum extent permitted by law, the Certifier and Certified Pool Consultants Pty Limited (and each of its directors, officers, employees, affiliates, agents, contractors or licensors) 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 maximum extent permitted by law, you agree to indemnify the Certifier and Certified Pool Consultants Pty Limited (and each of its directors, officers, employees, affiliates, agents, contractors or licensors) in relation to 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 claims arising as a result of damage to your property that occurs during performance of the Services).

F. Date of this Agreement

This Agreement will be taken to be dated on the date that a booking is received through the Website.

G. Your responsibility

By engaging the Company to perform the Services you agree to ensure that access to the relevant swimming pool is free from hazards and that animals are locked away from the pool area. You 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.