1. Definitions
Inspector means Independent Engineering Inspections Pty Ltd, its directors, officers, employees, agents, subcontractors and representatives.
Client means the individual, company, organisation or entity engaging the Inspector.
Services means any inspection, surveillance, audit, review, report, consultation, assessment, quality assurance service, manufacturer data report review, pavement condition assessment or related service provided by the Inspector.

2. Scope of Services
The Inspector shall perform only those Services specifically identified in the quotation, proposal, purchase order, service agreement, work order, inspection request or other written agreement.
Any service not expressly included in writing shall be deemed excluded.
The Inspector provides independent inspection, surveillance, review and reporting services only and does not undertake responsibility for design, manufacture, construction, installation, project management, supervision, quality control or ongoing performance of any works, products or systems.

3. Visual Inspection and Accessibility Limitations
All inspections are visual, observational and non-destructive unless expressly agreed otherwise in writing.
Services are limited to conditions visible and reasonably accessible at the time of inspection.
No dismantling, removal, excavation, coring, drilling, testing, scanning, exposure of concealed components or destructive investigation is undertaken unless specifically agreed in writing.
The Inspector does not inspect, assess or report upon any concealed, covered, inaccessible, embedded, enclosed, packaged, submerged, restricted, unsafe or otherwise inaccessible components or areas.
No responsibility is accepted for conditions, defects or non-conformances that may exist within excluded or inaccessible areas.

4. Hidden, Latent and Future Defects
The Inspector accepts no responsibility for:
• hidden defects;
• latent defects;
• internal defects;
• concealed defects;
• future defects;
• progressive deterioration;
• future cracking;
• future corrosion;
• future settlement;
• future movement;
• future water ingress;
• future performance issues;
• defects not reasonably visible at the time of inspection.
The Client acknowledges that such defects may exist despite not being identified during the Services.

5. Point-in-Time Assessment
All inspections, surveillance activities, reviews and reports represent observations made only at the specific date and time of attendance or review.
Conditions may change after the inspection.
The Inspector accepts no responsibility for any activity, workmanship, damage, modification, deterioration, misuse, environmental exposure or other change occurring before or after the inspection.

6. No Continuous Surveillance or Supervision
The Inspector is not continuously present during manufacturing, fabrication, construction, installation, transportation, storage, testing or operational activities.
Attendance at inspections, hold points, witness points, audits or surveillance activities does not constitute continuous supervision.
The Client acknowledges that defects or non-conformances may occur before, during or after the Inspector’s attendance and may remain undetected.

7. Precast Concrete Inspection Limitations
Precast concrete inspections are limited to visible external conditions of precast elements presented for inspection at the time of attendance.
Unless specifically agreed in writing, the Inspector does not verify, certify, guarantee or warrant:
• internal concrete condition;
• reinforcement placement;
• reinforcement cover;
• reinforcement continuity;
• reinforcement fixing integrity;
• prestressing tendons;
• prestressing force;
• concrete strength;
• concrete durability;
• concrete mix design;
• curing effectiveness;
• hidden cracking;
• hidden honeycombing;
• internal voids;
• internal delamination;
• future structural performance;
• transport damage occurring after inspection;
• installation damage occurring after inspection;
• defects concealed by coatings, finishes, repairs or treatments.
No inspection shall be interpreted as confirmation that a precast element is free from defects.

8. Manufacturer Data Reports and Document Reviews
Manufacturer Data Report (MDR) reviews, quality documentation reviews and compliance reviews are based solely upon documents supplied to the Inspector.
The Inspector is entitled to rely upon the accuracy, completeness and authenticity of documents provided by others.
The Inspector does not warrant that submitted documentation is complete, accurate or free from errors, omissions or misrepresentations.

9. Reliance on Third-Party Information
The Inspector may rely upon drawings, specifications, calculations, certificates, test reports, quality records, manufacturer data reports, supplier information and other documentation prepared by third parties.
The Inspector accepts no liability arising from inaccurate, incomplete, outdated, misleading or erroneous information supplied by others.

10. No Design Responsibility
Unless expressly agreed in writing, the Inspector does not provide:
• engineering design services;
• design certification;
• design verification;
• structural certification;
• temporary works design;
• shop drawing approval;
• fitness-for-purpose assessments;
• engineering calculations;
• code compliance certification.
Responsibility for design remains solely with the responsible designer, engineer, manufacturer or contractor.

11. No Approval, Acceptance, Certification or Warranty
Any report, observation, comment, recommendation, signature, attendance record, surveillance record, inspection record, hold point release or witness point attendance shall not constitute:
• approval;
• acceptance;
• certification;
• endorsement;
• warranty;
• guarantee;
• assurance of compliance;
• assurance that defects do not exist.
Responsibility for compliance remains solely with the manufacturer, supplier, contractor, designer and other responsible parties.

12. Sampling and Selective Inspection
Where inspections are undertaken on a sampling basis, only the specific items inspected are assessed.
Acceptance of a sample does not constitute acceptance of the entire batch, production run, project, structure, system or installation.
Defects may exist in uninspected items.
The Inspector accepts no responsibility for items not inspected.

13. Reports Prepared for Client Use Only
Reports are prepared solely for the Client identified in the report.
No third party may rely upon any report, advice, recommendation or finding without the Inspector’s prior written consent.
Any unauthorised reliance by a third party shall be entirely at that party’s own risk.

14. Client Responsibilities
The Client remains solely responsible for:
• design;
• manufacture;
• construction;
• installation;
• quality control;
• supervision;
• workmanship;
• safety;
• maintenance;
• statutory compliance;
• contractual compliance.
The Inspector’s involvement does not transfer responsibility from any party responsible for the works.

15. Exclusion of Consequential and Indirect Loss
To the maximum extent permitted by law, the Inspector shall not be liable for:
• loss of profit;
• loss of revenue;
• loss of opportunity;
• loss of production;
• business interruption;
• financing costs;
• project delays;
• liquidated damages;
• consequential loss;
• indirect loss;
• special damages;
• economic loss.
Whether arising in contract, tort, negligence, statute or otherwise.

16. Limitation of Liability
To the maximum extent permitted by law, the total aggregate liability of the Inspector arising from or in connection with the Services shall be limited to the lesser of:
(a) five (5) times the fees paid for the Services; or
(b) AUD $10,000.
Where permitted by law, the Client’s sole remedy shall be the re-performance of the Services.

17. Professional Judgement
The Client acknowledges that engineering inspections, surveillance activities and assessments involve the exercise of professional judgement.
Different inspectors, engineers or specialists may reasonably reach different conclusions based upon the same information.
The Inspector does not warrant that others will reach the same conclusions, findings or opinions.

18. Claims, Notification, Opportunity to Investigate and Indemnity
The Client acknowledges that the Services provided by the Inspector are limited visual inspections, surveillance activities, document reviews, assessments and professional opinions based solely upon conditions observed and information available at the time the Services are performed.
The Client must notify the Inspector in writing of any alleged defect, error, omission, complaint or claim arising from or relating to the Services within seven (7) calendar days of completion of the Services.
The Client must provide the Inspector with a reasonable opportunity to inspect, investigate and respond to the alleged issue before any rectification, repair, replacement, demolition, modification, rework or further investigation is undertaken.
Any rectification, repair, replacement, demolition, modification, rework or alteration undertaken before the Inspector has been given a reasonable opportunity to inspect and investigate the alleged issue shall permanently bar and extinguish any claim against the Inspector relating to that matter, to the maximum extent permitted by law.
Failure by the Client to provide written notice within seven (7) calendar days of completion of the Services shall constitute acceptance of the Services and a waiver of any claim against the Inspector to the maximum extent permitted by law.
No claim, action, proceeding, demand, arbitration, adjudication or other form of dispute resolution arising out of or in connection with the Services may be commenced more than six (6) months after completion of the Services.
The Client acknowledges and agrees that:
• the Services are not intended to identify every defect, non-conformance, deficiency or issue;
• hidden, latent, inaccessible, internal or future defects may exist;
• the Inspector does not warrant that all defects will be identified;
• inspection findings represent a professional opinion only;
• reliance upon the Services is subject to all limitations contained within these Terms and Conditions.
The Client indemnifies and holds harmless the Inspector, its directors, employees, agents and subcontractors against any claims, losses, liabilities, damages, costs, expenses, legal fees or demands arising from:
• misuse of reports or inspection records;
• unauthorised third-party reliance;
• inaccurate, incomplete or misleading information supplied by others;
• modifications, repairs, alterations or deterioration occurring after inspection;
• use of reports for purposes other than those for which they were prepared;
• decisions made by the Client or third parties based upon the Services;
• defects, non-conformances or conditions that were not visible, accessible or reasonably identifiable at the time of inspection.

19. Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Western Australia.
The parties submit to the exclusive jurisdiction of the courts of Western Australia.

20. Entire Risk Allocation
The Client acknowledges that the fees charged by the Inspector reflect the limited nature of the Services and the allocation of risk contained within these Terms and Conditions.
The Client agrees that the Inspector is not an insurer, guarantor, certifier or warrantor of any product, structure, system, workmanship, construction activity, manufacturing activity or project outcome.
The Client further acknowledges that the Services are limited visual inspections, surveillance activities, assessments and professional opinions only and that the risk of hidden defects, latent defects, future defects, workmanship deficiencies, material failures and project outcomes remains with the parties responsible for the design, manufacture, supply, construction, installation, ownership and maintenance of the works.
To the maximum extent permitted by law, the Client releases the Inspector from any liability arising from matters outside the Inspector’s direct observations and documented findings at the time the Services were performed.

21. Payment Terms, Default and Suspension Rights
(a) Invoices issued by the Inspector are strictly payable within fourteen (14) calendar days from the date of the invoice, unless alternative written payment terms have been agreed in writing.
(b) If the Client fails to make full payment by the due date, the Inspector reserves the unconditional right, without prejudice to any other rights or remedies, to immediately:
• Suspend the provision of all current and future Services; and
• Withhold the issuance, execution, or release of any inspection reports, site certificates, hold point sign-offs, witness point records, and Manufacturer Data Report (MDR) reviews.
(c) The Inspector accepts no liability whatsoever for any project delays, site standby costs, construction stoppages, liquidated damages, or financial losses incurred by the Client or any third party arising directly or indirectly from the exercise of the Inspector’s suspension rights due to non-payment.

22. Site Access, Readiness and Aborted Inspections
(a) The Client is solely responsible for ensuring safe, clear, unhindered, and compliant site or precast yard access for the Inspector at the agreed time of inspection.
(b) The Client must ensure that all elements, works, reinforcement, formwork, or documentation scheduled for inspection are fully prepared, accessible, and ready at the requested inspection time.
(c) If an inspection cannot proceed, is delayed, or is aborted due to:
• Site or yard unreadiness;
• Lack of safe access, inadequate lighting, or safety hazards;
• Cancelation or rescheduling by the Client with less than three (3) business days’ written notice; or
• Incorrect inspection location details provided by the Client,
the Client shall be liable for all travel costs, waiting time, standing charges, accommodation/flights (where applicable), and re-inspection fees billed at the Inspector’s standard hourly rates.

23. Visual Sampling Limitations & Standard of Care
(a) The Client explicitly acknowledges and agrees that visual engineering inspections, surveillance, and hold point reviews are, by their nature, selective sampling exercises based on observable conditions at the time of attendance.
(b) A visual inspection or hold point check does not guarantee or warrant that every single component, panel, reinforcement placement, or element across a production batch or construction site is identical or free from non-conformances.
(c) To the maximum extent permitted by law, the Inspector shall not be liable for any undetected defect, error, or non-conformance where the Services were performed with reasonable professional skill, competence, and diligence expected of a qualified engineering inspector.

24. Duty to Pause Works Upon Discovery of Discrepancy
(a) If the Client, principal contractor, developer, or any third party identifies any alleged error, omission, ambiguity, or inconsistency in an inspection report, sign-off sheet, or record issued by the Inspector, the Client must:
• Immediately notify the Inspector in writing; and
• Immediately pause all construction, erection, pouring, grouting, covering, or installation works directly affected by the discrepancy.
(b) If the Client or its contractors proceed with further works, pour concrete, cover elements, erect panels, or finalize connections prior to providing notice and resolving the discrepancy with the Inspector, the Client assumes all risk and waives any and all rights to claim damages, costs, rectification expenses, or losses from the Inspector associated with such works.

25. Proportionate Liability and Contributory Negligence
To the maximum extent permitted by law, the total liability of the Inspector for any loss, damage, expense, or claim arising out of or in connection with the Services shall be reduced proportionately to the extent that any act, omission, breach, default, or negligence of the Client, principal contractor, precast manufacturer, structural designer, supplier, or any third party contributed to the loss or damage.

26. Exclusive Reliance, Ownership and Third-Party Use Restrictions
(a) Exclusive Reliance: All reports, certificates, hold point sign-offs, email communications, and documentation issued by the Inspector are prepared solely and exclusively for the internal use of the Client named in the agreement for the specific scope of work described.
(b) No Third-Party Reliance: No third party (including, but not limited to, principal contractors, developers, head contracts, subsequent purchasers, insurers, or subcontractors) may rely upon, use, quote, or distribute any report or document prepared by the Inspector without the Inspector’s express prior written consent.
(c) Indemnity for Unauthorised Use: The Client agrees to fully indemnify and hold harmless the Inspector, its directors, and employees against any claims, losses, liabilities, legal costs, or demands arising out of any unauthorised disclosure, distribution, or reliance upon the Inspector’s reports or findings by any third party.
(d) Intellectual Property & Payment Condition: Copyright and intellectual property in all reports and documentation remain the property of the Inspector. The Client is granted a non-exclusive license to use the final report only after all outstanding invoices and fees due to the Inspector have been paid in full.

27. Work Health & Safety (WHS) and Injury Liability
(a) Client Safety Responsibility: The Client warrants that all inspection sites, precast yards, manufacturing facilities, and access paths controlled or arranged by the Client comply with all applicable Work Health and Safety (WHS) laws, regulations, and Australian standards. The Client is solely responsible for maintaining a safe working environment, providing site inductions, and identifying site-specific hazards.
(b) Right to Refuse Unsafe Work: The Inspector reserves the absolute right to refuse entry, suspend Services, or leave any site if, in the Inspector’s reasonable opinion, the site conditions, equipment, structural stability, or access pose an immediate threat to the health, safety, or well-being of the Inspector or its personnel. Any delays or aborted visit fees resulting from unsafe site conditions shall be borne solely by the Client.
(c) Injury Indemnity: To the maximum extent permitted by law, the Client agrees to indemnify and hold harmless the Inspector, its directors, employees, and subcontractors against any claims, losses, liabilities, medical costs, legal expenses, or damages arising out of personal injury, illness, or death occurring on or about the Client’s or site owner’s premises, except to the extent caused by the sole gross negligence or wilful misconduct of the Inspector.

28. Personnel Assignment and Subcontracting
(a) Right of Assignment: Independent Engineering Inspections Pty Ltd reserves the right, in its sole discretion, to nominate, assign, or substitute any suitably qualified employee, director, representative, or subcontractor to perform any part or all of the Services.
(b) Inspector Suitability: The Client agrees that as long as the Inspector determines, in its reasonable professional judgment, that the assigned individual possesses the appropriate competence, training, or expertise for the required scope of work, the Client shall accept such personnel to carry out the Services.
(c) No Direct Engagement: The Client shall not directly engage, solicit, or contract any employee or subcontractor assigned by the Inspector to perform inspection or engineering services independently during the term of the agreement or for a period of twelve (12) months following completion of the Services.