1. You (the Customer named in the Customer Schedule) have requested QBM to prepare the Report with respect to the Property which QBM has agreed to do for the Fee.  2. The Fee/Invoice must be paid prior to delivery of the report:- These terms are fixed unless prior arrangements have been made;  The Fee includes any additional expenses detailed in the Services Schedule.3. You have assured QBM that:- you have a lawful right to allow QBM to enter and inspect the Property; the Property will be made available for inspection at the time/date specified in the Services Schedule.4. QBM will prepare and deliver the Report to you after payment of the Fee within a reasonable period after carrying out its inspection of the Property.5. You acknowledge and agree with QBM that:-• QBM will provide the Report in writing which will comprise the whole of the Report;• you should not rely on any verbal assurance or statement made by QBM (it's officers, servants or agents) with respect to the Property or the Report  and you accept that the written document comprising the Report comprises the whole of the Report made to you in terms of this agreement;• unless expressly provided in the Report the Report offers a visual inspection of accessible areas of the property to determine if, at the time of  inspection, the identified areas were performing their intended function without regard to life expectancy;• the purpose of the Report is as stated in the Report;• unless expressly provided in the Report inspections are visual, and rely upon the opinion, judgment and experience of QBM and are not intended to be  technically or mechanically exhaustive.  The determination of conditions that may have occurred prior to the inspection that may be hidden or not  readily visible during the inspection are excluded;• unless expressly included in any report the determination of the presence of or damage caused by termites or any other wood damaging insects or  organisms is excluded.• Insurance cover is not available to cover asbestos inspections. You the Client agree to indemnify QBM against all claims, events or risks that may arise  from the work undertaken as a result of this inspection.6. You acknowledge and agree that the Report is given to you for your own use and is not given for any other purposes or to any other person or corporation except as may be expressly provided for in the Report.  You are not entitled to use, publish or copy the Report for any purpose other than your own personal use without the written consent of QBM.7. You acknowledge that the Report is given to you as the Customer and to no other person or corporation and your interest in the Report may not be assigned or otherwise dealt with to any third party without QBM's  written consent.8. The Property shall at all times remain at your risk and QBM will not be liable to any person in respect of loss, destruction or damage to the Property or to any other property or person whilst the Property is being inspected by QBM and loss or damage referred to in this clause shall mean and include without limitation, loss or damage caused by the negligence or willful act or default of QBM or any other person whether or not such loss or damage is foreseeable or contemplated by QBM.9. Where any act of Parliament implies in this agreement any term, condition or warranty and that act avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of or liability under such term, condition or warranty then that term, condition or warranty shall be deemed to be included in this agreement.  However, the liability of QBM for any breach of that term, condition or warranty shall be limited, at the option of QBM to:-• the provision of a further report at no cost to the Customer; or• the payment of an amount equal to the Fee by QBM to you.10. Subject to the preceding clause you undertake and agree to indemnify and keep indemnified QBM against all actions, claims, proceedings, costs, losses or damage whatever and howsoever caused or arising which QBM may sustain, incur or pay in connection with or arising from the provision of the Report and inspection of the Property in connection with or occasioned as a result of the negligence of QBM or any other person or corporation and you acknowledge that it is agreed to be the responsibility of the Customer to effect insurance on the Customer's behalf in respect of those matters for which this indemnity is given.11. If the Customer is a company the person or persons who have signed this agreement on its behalf acknowledge that they are officers duly authorized to enter into this agreement on behalf of the Customer and further acknowledge that they requested QBM to enter into this agreement with the Customer and in consideration of that agreement hereby (and if more than one jointly and severally) guarantee to QBM the due and punctual performance by the Customer of all of the terms and conditions of this agreement and further agree to indemnify and keep indemnified QBM against any loss or damage howsoever arising which QBM may suffer in consequence of any failure by the Customer to perform its obligations under this agreement or for any other reason whatsoever and this guarantee shall not be effected or discharged by the granting to the Customer of any time or other indulgence or consideration or transaction whereby the liability of the signatories would, but for the provisions hereof, have been effected or discharged.12. It is considered that these terms and conditions have been agreed upon if you the Client, issues a purchase order in lieu of signing this agreement.13. Each provision set out in this agreement is to be construed as a separate limitation applying and surviving even if for any reason one or other of those provisions is held to be unenforceable, inapplicable, unfair, harsh or unconscionable in any circumstances.  14. Any dispute arising under this agreement shall be subject to the law and jurisdiction of the State of Queensland and wherever possible the Courts or authorities in the City of Brisbane. 15. The final report will be based upon and conditional upon the information provided by the person, employees or agents of the person requesting the report. Thus, any false or misleading information provided will exempt the company from any liability for decisions taken based on this report’s recommendations, where such recommendations are based upon information provided to the company.16. QBM shall not be liable for missing information due to the concealment, now or in the past, and/or apparent concealment of asbestos, defects or possible defects by the person, employees or agents of the person requesting this report, or the owner, employee or agent for the owner of the building now, in the past, or in the future.17. If at a later date, asbestos materials are identified, QBM should be requested to investigate if any asbestos materials are present. If additional materials are identified, QBM will provide an updated report at no cost to you. It is agreed that this shall be the extent of any liability.18. The report will not be intended to be, nor will it be construed as, a guarantee or warranty, nor as any form of insurance  expressed or implied.  The inspector nor QBM will not be responsible for any repairs or replacements with regard to this property or the contents thereof.19. During the audit, a thorough investigation will be undertaken to identify and locate all visible materials that may contain asbestos. However, due to the hidden locations, lack of access to wall cavities etc, no guarantee can be given that the audit process will identify all such material. Nor should it be construed that the audit has identified all such materials within the building.20. No inspection will be conducted on the ground or soil anywhere within the complex. The inspection  only covers the building/s on site and not the ground or soil upon which the complex is built.21. The inspection will be undertaken in a non-destructive manner, and as such, there may be areas where ACM exists which have not been detected.  Examples of such areas are wall cavities, beneath floors/slabs and floor coverings, within plant, hidden pipe work, cavity walls, encapsulated areas and so forth.22. Areas that were not accessed during the inspection must be considered in the event of future major refurbishment or demolition work. It should be noted that a non-destructive inspection cannot be regarded as absolute, and all due care and caution must be exercised in the planning stages of any future building or demolition work.23. Where samples have been taken to prepare the report, that sample will have been to be representative of that particular position of the item in question. ie: the specific spot on a sheet; specific spot on a sprayed beam/ surface. It will be assumed that the entire sheet/s, sprayed material, etc. is consistent with the sampled location. As asbestos could have been added to a product or spray, the results of the particular sample may nto be sonsistent throughout the entire surface/wall/ceiling/ area, etc.Unless directed y you, QBM will not take multiple samples from the same surface. As such other areas of the same surface may actually contain asbestos.24.