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Terms and Conditions

  1. Definition and Interpretation
    1. "Client" means the person(s) or entities, including without limitation, the onsite property manager, Body Corporate/Owners Corporation/Management Corporation/Strata Corporation and Body Corporate/Strata Management Company who receive any services from QIA Group under these terms and conditions and/or any agent, employee or assignee thereof, including without limitation, any person acting on behalf of and with the authority of the Client.
    2. "Safety Inspection" means an inspection involving the assessment of hazards and/or buildings and associated common property facilities on the Subject Property utilising non-intrusive and non-destructive assessment methods for the purposes outlined in the scope of each report and is a visual inspection only, subject to the terms of Clause 8 and 9.
    3. "Asbestos Inspection" means an inspection conducted in accordance with and to the standard of the Code of Practice HOW TO MANAGE AND CONTROL ASBESTOS IN THE WORKPLACE with additional reference to relevant sections of the Workplace Health and Safety or Occupational Health and Safety Legislation ('Safety Legislation') for the Subject Property, subject to the terms of Clauses 13 and 14.
    4. "Pool Safety Inspection" means an inspection carried out in relation to a regulated pool under Chapter 8 of the Building Act 1975 (Qld) to determine whether or not the regulated pool meets the "Pool Safety Standard", as set by the Queensland Development Code, Mandatory Part 3.4 and Australian Standard 1926-2007, subject to the terms of clause 16.
    5. "Insurance Valuation" means a valuation prepared in order to provide an indication of a building's replacement value, for the purpose of calculating the amount of insurance required to appropriately reinstate the building in the event of a total loss.
    6. "Sinking Fund Forecast" means a forecast that is intended to create a reasonably accurate replacement budget and timeline for items of a capital expenditure nature for a period of 15 years from the date of the report to assist Clients in setting sinking fund budgets for the purposes of the Body Corporate and Community Management Act 1997 and the relevant Regulation Module, subject to the terms of Clause 18.
    7. "Subject Property" means the scheme land identified in any report prepared by QIA Group Pty Ltd and includes all Common Property areas in all buildings, structures, improvements, fixtures, objects and spaces within the scope of an inspection, sinking fund forecast and/or insurance valuation.
    8. "GST" means means Goods and Services Tax.
    9. "The Act" means Body Corporate and Community Management Act 1997 (QLD); Strata Schemes Management Act 1996 (NSW); Owners Corporations Act 2006 (VIC); Strata Titles Act 1988 (SA); Community Titles Act 1996 (SA); Strata Titles Act 1985 (WA); Unit Titles Management Act 2011 (ACT); Unit Titles Act (NT); Unit Title Schemes Act (NT); Strata Titles Act 1988 (TAS).
    10. "Regulation Module" means the Regulation Module applying to the Body Corporate.
  2. Binding Terms and Conditions
    1. These terms and conditions are binding upon the client.
    2. For the avoidance of doubt, these terms and conditions apply whether these are accepted by the client personally or by an agent, including a Body Corporate Manager or other equivalent agent, the Management Company or the Onsite Property Manager.
    3. The only warranties, guarantees, conditions and/or obligations which are binding upon QIA Group Pty Ltd are:
      1. those set out in these terms and conditions;
      2. those otherwise expressly agreed to in writing by QIA Group Pty Ltd;
      3. those, if any, which are implied at law and which cannot be excluded.
  3. General and Applicable Law
    1. For clients that are situated in Australian State or Territory, these terms and conditions shall be governed and interpreted according to the laws of Queensland, Australia and each client to submit to the jurisdiction of the Courts of Queensland and the Commonwealth.
    2. No provision in these terms and conditions will exclude, restrict or modify any condition, warranty or liability implied by applicable law, where such an exclusion, restriction or modification would render that provision void. In the event that a provision of these terms and conditions proves to be illegal or unenforceable pursuant to any statute or rule of law, or for any other reason, such provision is deemed severed without affecting the legality of the remaining provisions and the remaining provisions of these terms and conditions shall continue in full force and effect.
  4. Entire Agreement and Understanding
    1. These terms and conditions set out the whole of the agreement and understanding between the client and QIA Group Pty Ltd with respect to the provision of any service by QIA Group Pty Ltd to the client and supersede any and all earlier understandings and agreements, whether oral or written, between the client and QIA Group Pty Ltd.
    2. Subject to clause 5, no supplementation, amendment or modification of these terms and conditions shall be binding.
    3. By engaging QIA Group Pty Ltd to conduct any inspection on the Subject Property the client accepts these terms and conditions without any reservation.
  5. Modification of Terms and Conditions
    1. QIA Group Pty Ltd reserves the right to change these terms and conditions in any manner whatsoever at the absolute discretion of QIA Group Pty Ltd.
    2. QIA Group Pty Ltd will take reasonable steps to inform the client of changes of the terms and conditions.
    3. The client hereby confirms that notification of amended terms and conditions on the QIA Group Pty Ltd website or reference to the terms and conditions in any material provided to the client will be deemed to be reasonable steps taken by QIA Group Pty Ltd to inform the client.
  6. Operational Coverage
    1. The client hereby authorises QIA Group Pty Ltd to subcontract or separately engage a third party to produce any part or all of the inspection at the absolute discretion of QIA Group Pty Ltd and without any requirement to provide notice to the client.
  7. Release and Indemnity
    1. The client indemnifies and holds QIA Group Pty Ltd indemnified against:
      1. any loss, damage or injury which may arise, directly or indirectly, by or against the client or by or against third parties, from QIA Group Pty Ltd conducting any inspection or from the client (including but not limited to any loss, damage or injury caused by the negligence, wilful act or default of QIA Group Pty Ltd, our servants, agents and subcontractors or others whether or not such loss, damage or injury was foreseeable or contemplated by QIA Group Pty Ltd);
      2. Without limiting the generality of the above, the client indemnifies and holds QIA Group Pty Ltd indemnified against any personal injury or other claim which may arise from QIA Group Pty Ltd conducting any inspection or from the client.
    2. For the purposes of these terms and conditions, the client acknowledges that QIA Group Pty Ltd is contracting for and on behalf of our servants, agents and subcontractors. Our servants, agents and subcontractors shall not be liable in respect of any loss, damage or injury suffered by the client as a result of any inspection conducted by QIA Group Pty Ltd, nor for any consequential loss, damage or injury suffered by any third party.
    3. The client agrees that QIA Group Pty Ltd has a maximum liability to the client, in relation to any loss, damage or injury of any nature arising, directly or indirectly, from receiving and/or relying upon any inspection, equals the amount actually paid by the client to QIA Group Pty Ltd in relation to the inspection.
    4. If the client suffers any such loss, damage or injury and QIA Group Pty Ltd is legally unable to obtain a release from liability as contemplated above for any reason, then QIA Group Pty Ltd shall have liability for such loss or claim that is limited, at QIA Group Pty Ltd's option, to one or more of the following:
      1. in relation to services:
        1. the supply of the Services again by QIA Pty Ltd or its nominee;
        2. the payment of the cost of having the Services supplied again.
      2. in relation to goods:
        1. the replacement of the goods or the supply of equivalent goods;
        2. the payment of the cost of replacing the goods or acquiring equivalent goods; or
        3. payment of the cost of having the goods repaired.
  8. Safety Reports
    1. Purpose
      1. The purpose of a Safety Report is to identify physical hazards that give rise to risks on the Subject Property, to assess those risks, and to recommend control measures.
      2. The Safety Report will be conducted in accordance with and to the standard of the Code of Practice HOW TO MANAGE WORK HEALTH AND SAFETY RISKS with additional reference to relevant sections of the Workplace Health and Safety or Occupational Health and Safety Legislation ('Safety Legislation') for the Subject Property.
        Note: A Safety Report is not a comprehensive audit in compliance with the relevant Safety Legislation. An audit may include additional requirements such as the incorporation of manual handling, job task analysis, training, air space and lighting measurements, asbestos analysis, chemical management, a safety management system and policies and procedures for safe work.
    2. Specific Limitations on Safety Reports
      1. A Safety Report will not address certain issues, including:
        1. any assessment of the structural adequacy of any of the elements of the Subject Property;
        2. quantitative slip testing of pedestrian or vehicular access way surfaces;
        3. issues relating to asbestos, including the identification and assessment of the condition of asbestos;
        4. issues relating to fire safety, including the adequacy of fire safety measures, emergency response planning or maintenance or training regimes; or
        5. the provision or adequacy of lighting on the Subject Property.
      2. A Safety Report will only comment on the condition of glass on the Subject Property to the extent that, to the naked eye, it appears to require replacement. Due to the difficulty of the ongoing assessment of glass, a Safety Report will not include an assessment of whether glass contained in the Subject Property complies with the relevant Building Code, Australian Standard and other safety requirements.
      3. A Safety Report may contain comments regarding the condition or nature of balustrades on the Subject Property; however the balustrades will not be comprehensively inspected and tested as part of this Service.
      4. QIA Group Pty Ltd will not conduct quantitative slip testing to AS 4663 as a part of the inspection. Any comments in relation to the slipperiness or slip-resistance of a surface are qualitative in nature, and do not imply that any further issues relating to the slipperiness or slip-resistance of that or other surfaces were considered.
      5. It is the responsibility of the client to ensure that the recommendations contained in the Services are adopted and to ensure ongoing compliance with relevant safety legislation.
  9. Scope of the Inspection
    1. QIA Group Pty Ltd will only inspect areas within the scope of the inspection to which safe, reasonable, appropriate, unobstructed access is available ('accessible areas'). The extent of accessible areas will be determined by QIA Group Pty Ltd, based on the conditions encountered at the time of inspection. We will not be able to report on the condition of, or take into account the impact of circumstances existing in areas other than accessible areas and the Customer accepts that all Services are subject to that limitation.
      1. Elevated areas are not usually accessible areas due to occupational health and safety issues.
      2. Where entry to an area is denied to QIA Group Pty Ltd, including any area which is locked and for which keys are not provided, and including areas of private property to which access is not expressly permitted, that area will not be an accessible area.
      3. The inspection does not extend to the following areas:
        1. a) service ducts;
        2. b) inside duct work, unless inspection panels are provided;
        3. c) areas inside plant or equipment with no access or where plant shut down is required for safe access;
        4. d) areas inside plant or equipment which require specialist tools and expertise to inspect;
        5. e) within wall or ceiling areas where no common area inspection panels are provided;
        6. f) subfloor cavities;
        7. g) beneath finished floor surfaces or coverings;
        8. h) underground or in cavity pipe work;
        9. i) external areas of the building beyond 2.5 metres above the finished ground level;
        10. j) exterior ground surfaces and sub-surfaces and underground pipework;
        11. k) concealed cavities;
        12. l) formwork and cables in sub-ground floor slab;
        13. m) formwork and cables encased in floor slab for subsequent floors;
        14. n) roofs above 2.4 metres, unless it is readily accessible through permanent stairs or ladder;
        15. o) slippery surfaces;
        16. p) lighting;
        17. q) balcony railings; and
        18. r) fire fighting measures.
    2. Unless otherwise agreed, QIA Group Ltd Pty will only conduct a visual inspection as a part of the inspection. Therefore:
      1. areas and objects which are obscured or obstructed by finishes or other objects (including but not limited to, wall cavities, beneath floor coverings, integral parts of machinery, obscured and masked areas, etc) will not be inspected; and
      2. as QIA Group Pty Ltd cannot undertake invasive or destructive investigation or testing, unless it has been specifically requested and authorised, QIA Group Pty Ltd will assess the condition of areas and objects based on their superficial condition only (for example, it may be impossible to detect the presence of asbestos-containing materials in many cases without destructive testing, which is often neither practical nor appropriate).
    3. Unless otherwise agreed, QIA Group Ltd Pty will not conduct a visual inspection of:
      1. exterior ground services and sub-surfaces; or
      2. materials other than normal building fabrics such as materials in laboratories or other special purpose facilities.
    4. QIA Group Pty Ltd will not attempt to predict the affect of varying environmental conditions on the findings contained in any inspection. The findings contained in the inspection will be based on the prevailing conditions at the time of the inspection (for example, the adequacy of drainage in extreme weather conditions cannot be thoroughly assessed when the inspection occurs in other conditions);
    5. The inspection does not include an inspection which requires specialised trade or other qualifications. For example:
      1. QIA Group Pty Ltd does not conduct a thorough assessment of the electrical switchboard or other plant and equipment, as this must be performed by a qualified and licensed electrical or other contractor;
      2. QIA Group Pty Ltd does not conduct an assessment of the operational status of emergency equipment, such as fire safety equipment, as QIA Group Pty Ltd will be unable to undertake testing of such equipment to assess its operational status;
      3. QIA Group Pty Ltd does not conduct a thorough inspection of the plumbing, gutters and downpipes and roof, as this must be performed by a qualified and licensed plumbing contractor;
      4. QIA Group Pty Ltd does not undertake a pest inspection, which must be performed by a qualified and licensed pest inspector;
      5. QIA Group Pty Ltd does not provide engineering services and does not assess structural adequacy, except as part of our Structural Engineering Service;
    6. The inspection provided does not include services which would ordinarily be the subject of specific maintenance agreements with contractors (for example, QIA Group Pty Ltd does not conduct a thorough assessment of the condition of lifts in a building, or of the condition of air conditioning units or cooling towers, as the maintenance of these items of plant would ordinarily be the subject of a specific maintenance contract with specialist contractors).
    7. While a visual inspection will be made of accessible Plant and Equipment, including air conditioning units, cooling towers, pumps, motors, and Lifts, it is presumed that all essential maintenance, as required by the manufacturer subject to specific on-site factors (such as adverse environmental factors), is being carried out through ongoing maintenance contracts.
  10. Currency of the Report
    1. QIA Group Pty Ltd will provide a report to the client showing the conclusion and the results of the inspection conducted on the Subject Property.
    2. The report is only representative of the safety issues inspected at the Subject Property at the time of the inspection. Therefore, QIA Group Pty Ltd does not guarantee or warrant the accuracy of the report for any time after the inspection was conducted.
    3. For the reasons mentioned in clause 10.2, the report is only representative of the time of the inspection only. However, the validity of the report may continue for maximum of 12 months from the date that the inspection was conducted, unless the client has notified QIA Group Pty Ltd of any physical change or any change in use of the common property pursuant to clause 14.
    4. Upon notification by the client under clause 11, QIA Group Pty Ltd can, within 14 days of the notification, elect to either to:
      1. affirm the existing report; or
      2. amend, modify or delete part of or the whole of the existing report.
    5. Should QIA Group Pty Ltd elect to amend, modify or delete part of or the whole of the report, this does not extend the currency of the report.
    6. For the avoidance of doubt, the currency of the report will not be affected by any changes of the common property since the completion of inspection, which will remain a maximum of 12 months from the date that the inspection was conducted.
  11. Client's Obligation
    1. The client has the obligation to ensure that all information or material necessary to conduct a satisfactory inspection is provided to QIA Group Pty Ltd, including, but not limited to, information on past incidents or near-miss incident reports and the registered relevant Strata Title or equivalent plan of sub-division.
    2. The client has the ongoing obligation to notify QIA Group Pty Ltd of any physical change or any change in use of the common property, including without limitation:
      1. change in the use of any part of the common property, or any other part of scheme land which will have an impact upon the common property, whether or not any application or approval for a material change of use has been made to the relevant local authority;
      2. any construction work conducted on the common property with or without the relevant approval of the client and/or the relevant local authority;
      3. any change in any leases, licenses or other occupation authority over or affecting the common property;
      4. change in the maintenance policy over the common property; or
      5. any minor or major improvements on the common property.
    3. The client must notify QIA Group Pty Ltd within 14 days of the discovery of any physical change or any change in use of the common property.
  12. Other Hazards Outside the Scope of the Report
    1. The scope of the report does not extend to slippery surfaces. The inspector will not carry out a comprehensive quantitative assessment of the slip co-efficient of the common property walkway and driveway areas, as specific testing equipment is required to provide an accurate measurement of slipperiness. A qualitative assessment will be carried out based on an empirical examination of the walkway and stairway surfaces accessed by the inspector on the day of inspection.
    2. The scope of the report does not extend to lighting. The inspector will not measure the amount of light emitted by common property lighting. Inspection will, however identify any visible defect in light fittings and where possible, identify whether lights do not work as required. The report may also identify whether any areas require lighting to ensure safe movement along the common property stairs and pathways if onsite lighting conditions permit.
    3. The scope of the report does not extend to Balcony Railings. A detailed inspection and assessment of the structural adequacy of balcony railings does not form a part of the inspection or the report. This is because it is not possible to make a reliable, quantitative measurement of a railings load bearing capacity without utilising specialised equipment. The report will identify any visible signs of significant corrosion or deterioration to balcony railings where deterioration is clearly visible from fully accessible areas of the common property.
    4. The scope of the report does not extend to fire fighting measures. No assessment as to the adequacy of fire fighting equipment and installations is conducted during the inspection. The inspector will not and is not qualified to comment upon the condition of any fire fighting equipment or installations upon the common property of the scheme.
  13. Asbestos Reports
    1. Purpose
      1. The purpose of an Asbestos Report is to identify asbestos containing materials (ACM's) in the common areas of the Subject Property, to assess the risk associated with ACM's identified at the Subject Premises, and to recommend control measures for these ACM's.
      2. The Asbestos Report will be conducted in accordance with and to the standard of the Code of Practice HOW TO MANAGE AND CONTROL ASBESTOS IN THE WORKPLACE with additional reference to relevant sections of the Workplace Health and Safety or Occupational Health and Safety Legislation ('Safety Legislation') for the Subject Property.
        Note: An Asbestos Report is not a comprehensive audit in compliance with all relevant Safety Legislation. An audit may include additional requirements such as the incorporation of manual handling, job task analysis, training, air space and lighting measurements, asbestos analysis, chemical management, a safety management system and policies and procedures for safe work.
    2. Specific Limitations on Asbestos Reports
      1. An Asbestos Report will not address certain issues, including:
        1. any assessment of the structural adequacy of any of the elements of the Subject Property;
        2. quantitative slip testing of pedestrian or vehicular access way surfaces;
        3. issues relating to fire safety, including the adequacy of fire safety measures, emergency response planning or maintenance or training regimes; or
        4. the provision or adequacy of lighting on the Subject Property.
      2. An Asbestos Report may contain comments regarding the condition or nature of balustrades on the Subject Property; however the balustrades will not be comprehensively inspected and tested as part of this Service.
      3. It is the responsibility of the client to ensure that the recommendations contained in the Services are adopted and to ensure ongoing compliance with relevant safety legislation.
  14. Scope of the Inspection
    1. QIA Group Pty Ltd will only inspect areas within the scope of the inspection to which safe, reasonable, appropriate, unobstructed access is available ('accessible areas'). The extent of accessible areas will be determined by QIA Group Pty Ltd, based on the conditions encountered at the time of inspection. We will not be able to report on the condition of, or take into account the impact of circumstances existing in areas other than accessible areas and the Customer accepts that all Services are subject to that limitation.
      1. Elevated areas are not usually accessible areas due to occupational health and safety issues.
      2. Where entry to an area is denied to QIA Group Pty Ltd, including any area which is locked and for which keys are not provided, and including areas of private property to which access is not expressly permitted, that area will not be an accessible area.
      3. The inspection does not extend to the following areas:
        1. a) service ducts;
        2. b) Inside duct work, unless access through inspection panels is provided;
        3. c) areas inside plant or equipment with no access or where plant shut down is required for safe access;
        4. d) areas inside plant or equipment which require specialist tools and expertise to inspect;
        5. e) within wall or ceiling areas where no common area inspection panels are provided;
        6. f) subfloor cavities;
        7. g) beneath finished floor surfaces or coverings;
        8. h) underground or in cavity pipe work;
        9. i) external areas of the building beyond 2.5 metres above the finished ground level;
        10. j) exterior ground surfaces and sub-surfaces and underground pipework;
        11. k) concealed cavities;
        12. l) formwork and cables in sub-ground floor slab;
        13. m) formwork and cables encased in floor slab for subsequent floors;
        14. n) roofs above 2.4 metres, unless it is readily accessible through permanent stairs or ladder;
        15. o) balcony railings; and
    2. Unless otherwise agreed, QIA Group Ltd Pty will only conduct a non-destructive visual examination as a part of the inspection. Therefore:
      1. areas and objects which are obscured or obstructed by finishes or other objects (including but not limited to, wall cavities, beneath floor coverings, integral parts of machinery, obscured and masked areas, etc) will not be inspected; and
      2. as QIA Group Pty Ltd cannot undertake invasive or destructive investigation or testing, unless it has been specifically requested and authorised, QIA Group Pty Ltd will assess the condition of areas and objects based on their superficial condition only (for example, it may be impossible to detect the presence of asbestos-containing materials in many cases without destructive testing, which is often neither practical nor appropriate).
    3. Unless otherwise agreed, QIA Group Ltd Pty will not conduct a visual inspection of:
      1. exterior ground services and sub-surfaces; or
      2. materials other than normal building fabrics such as materials in laboratories or other special purpose facilities.
    4. QIA Group Pty Ltd will not attempt to predict the effect of varying environmental conditions on the findings contained in any report. The findings contained in the report will be limited to the identification of ACM's and their condition at the time of the inspection;
    5. The inspection does not include an inspection which requires specialised trade or other qualifications. For example:
      1. QIA Group Pty Ltd does not conduct a thorough assessment of the electrical switchboard or other plant and equipment, as this must be performed by a qualified and licensed electrical or other contractor;
      2. QIA Group Pty Ltd does not conduct an assessment of the operational status of emergency equipment, such as fire safety equipment, as QIA Group Pty Ltd will be unable to undertake testing of such equipment to assess its operational status;
      3. QIA Group Pty Ltd does not conduct a thorough inspection of the plumbing, gutters and downpipes and roof, as this must be performed by a qualified and licensed plumbing contractor;
      4. QIA Group Pty Ltd does not undertake a pest inspection, which must be performed by a qualified and licensed pest inspector;
      5. QIA Group Pty Ltd does not provide engineering services and does not assess structural adequacy, except as part of our Structural Engineering Service;
  15. Pool Safety Inspection
    1. A "Pool Safety Inspection" is an inspection carried out in relation to a regulated pool under Chapter 8 of the Building Act 1975 (Qld) to determine whether or not the regulated pool meets the "Pool Safety Standard", as set by the Queensland Development Code, Mandatory Part 3.4 and Australian Standard 1926-2007.
    2. Upon being engaged to carry out a Pool Safety Inspection, QIA Group Pty Ltd will undertake a visual inspection of the regulated pool and decide, based upon the Pool Safety Standard, whether to issue, either:
      1. a pool safety certificate, stating the pool is compliant, or
      2. a non-conformity notice, stating that the pool is non-compliant as applicable.
    3. QIA Group Pty Ltd will not conduct quantitative strength testing of the pool fence in the course of completing a Pool Safety Inspection, or at all.
    4. QIA Group Pty Ltd will inspect only those items required to be inspected under Mandatory Part 3.4 of the Queensland Development Code, the Building Act 1975, the Building Regulation 2006 and the Building Code of Australia.
    5. QIA Group Pty Ltd will not perform repairs in the course of completing a Pool Safety Inspection, or at all.
    6. Should the Pool Safety Inspection result in QIA Group Pty Ltd issuing a non-conformity notice, the obligation to complete the work listed on the non-conformity notice and arrange for a further Pool Safety Inspection once the rectification works have been completed rests with the Client.
    7. QIA Group Pty Ltd will not be liable for any loss or damage suffered by the Client or any third party as a result of a Pool Safety Certificate not being issued by a particular date, or at all.
  16. Insurance Valuations
    1. An insurance valuation is prepared in order to provide an indication of a building's replacement value, for the purpose of calculating the amount of insurance required to appropriately reinstate the building in the event of a total loss. An insurance valuation is not intended for any purpose other than calculating the amount of insurance required to appropriately reinstate the building in the event of a total loss and is expressly not to be relied upon as being a statement as to the market value of the property.
    2. It is the Client's obligation to disclose any and all matters which the Client is aware of, or ought reasonably to be aware of, which may materially affect the valuation, including any additions, alterations or improvements to common or private property ("material Disclosure").
    3. QIA Group Pty Ltd will not liable for any inaccuracies in any insurance valuation in circumstances where the Client has failed to make a Material Disclosure.
    4. Any valuation prepared by QIA Group Pty Ltd must not be disclosed to any third party, other than an insurance company or broker for the specific purpose of providing or arranging building insurance.
    5. The Client indemnifies QIA Group Pty Ltd against any loss, injury or damage suffered by third parties caused or contributed to by such third party relying upon any valuation prepared by QIA Group Pty Ltd, which has been disclosed to that third party by the Client.
  17. Sinking Fund Forecasts
    1. A Sinking Fund Forecast is intended to create a reasonably accurate replacement budget and timeline for items of a capital expenditure nature for a period of 15 years from the date of the report to assist Clients in setting sinking fund budgets for the purposes of the Body Corporate and Community Management Act 1997 and the relevant Regulation Module.
    2. All Sinking Fund Forecasts prepared by QIA Group Pty Ltd are based upon generally accepted industry standards for the timing and cost of maintenance and/or replacement of capital items.
    3. A Sinking Fund Forecast does not include any qualitative or quantitative assessment of the actual condition of any capital item(s) and does not represent any statement about the quality, serviceability or absence of any defects, latent or patent, of any capital items.
    4. It is the Client's obligation to disclose any and all matters which the Client is aware of, or ought reasonably to be aware of, which may materially affect the timing of maintenance and/or replacement of capital items ("material Disclosure").
    5. It is the Client's obligation to maintain and/or replace its items of a capital nature as and when required and to accurately inform itself as to the condition and serviceability of such items. It is also the Client's responsibility to reasonably set its sinking fund budget under the Body Corporate and Community Management Act 1997 and the relevant Regulation Module.
    6. The Sinking Fund Forecast is to be relied upon as a general guide only. QIA Group Pty Ltd does not warrant or represent that the items of a capital nature referenced in the forecast will not require maintenance or replacement sooner or later than forecasted, or that the amount of funds required to be expended for such maintenance or replacement will not be more or less than forecast. QIA Group Pty Ltd will not be liable whatsoever in respect of any deficiencies in any sinking fund, or for any consequential loss or damage whatsoever.
  18. Retention of Intellectual Property
    1. QIA Group Pty Ltd prohibits the client to provide, deliver or make available any report prepared by QIA to any third parties for any purpose whatsoever and particularly for the purpose of such third parties using, or relying upon a QIA prepared report in the course of any other inspections, assessments or reports of any third parties.
      1. QIA Group Pty Ltd is not liable for any loss or damages caused by third party that relied on any QIA report for the basis for the production, delivery or amendment of any inspections, assessments or reports.
    2. QIA Group Pty Ltd does not guarantee that any report produced by QIA Group Pty Ltd will identify or inspect all possible products or materials which contain asbestos. Therefore, QIA Group Pty Ltd is not liable for:
      1. any damages caused by any products or materials which contain asbestos that were not inspected by non-intrusive and non-destructive inspections.
      2. the discovery or the existence of asbestos in any material where a relevant statutory requirement or code of practice restricted QIA Group Pty Ltd's ability to access that material at the time of inspection.
      3. any information that was not readily available to them as a result of the client's failure to comply with clause 14 of these terms and conditions.
  19. Reliance on Third Party Evidence
    1. In providing the inspection, and forming its conclusions as stated in any report or other documentation which is produced as an outcome of the inspection, QIA Group Pty Ltd may rely upon information provided by the client and by third parties without independently verifying that information. Therefore, conclusions formed on the basis of such information are qualified and may only be relied upon on the basis that they are formed in reliance upon the completeness and accuracy of information provided to QIA Group Pty Ltd.
      1. QIA Group Pty Ltd is not liable for any errors, shortcomings, omissions or negligence contained within the information provided by the client or by third parties, including the relevant authorities.
    2. In providing the inspection, and forming its conclusions as stated in any report or other documentation which is produced as an outcome of the inspection, QIA Group Pty Ltd has the right to assume that fire rated doors will be tagged accordingly and that such fire rated doors contain asbestos. Therefore, QIA Group Pty Ltd will not dismantle or take samples of the fire rated doors for the purposes of the inspection.
  20. Force Majeure
    1. If due to war, strikes, industrial action short of a strike, import or export embargo, lockouts, accidents, fire, blockade, flood, natural catastrophes and other obstacles over which QIA Group Pty Ltd has no control, and as a consequence fails to perform any of its obligations under this any agreement or engagement with the client, QIA Group Pty Ltd shall not be held responsible for any loss or damage which may be incurred as a result of such failure.

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