Pool Safety for non-shared pool on Lot Clause Samples
Pool Safety for non-shared pool on Lot. (a) If there is a swimming pool on the Lot and:
(i) a Pool Safety Certificate is in effect, the Buyer acknowledges and agrees that the Buyer has received a copy of the Pool Safety Certificate before settlement; or
(ii) a Pool Safety Certificate is not in effect, the Buyer acknowledges and agrees that:
(A) before the Buyer entered into this contract the Buyer received a Notice of no pool safety certificate in the form required by the appropriate Authority; and
(B) the Buyer is aware of the Buyer's potential obligations in respect of pool safety under the Building Act 1975 (Qld) in relation to the Pool Safety Requirements."
(b) The Seller gives no warranty or representation that any swimming pool on the Land or the Lot complies with the Pool Safety Requirements (including whether or not there is a Pool Safety Certificate in effect). The Buyer must make its own enquiries about any swimming pool on the Land or the Lot and ensure the swimming pool on the Lot complies with the Pool Safety Requirements following settlement (including undertaking any repairs or works to make the swimming pool and any barrier compliant with the Pool Safety Requirements).
(c) The Seller gives no warranty or representation that the swimming pool or any barrier is capable of being made compliant with the Pool Safety Requirements."
(m) In clause 5.3(3) delete the words 'under clause 5.3
(1) (d)';
(n) Add new clause 5.6 as follows:
Pool Safety for non-shared pool on Lot. (1) This clause 4.2 applies if:
(a) there is a pool on the Lot and the answer to Q2 of the Reference Schedule is No or Q2 is not completed (for a non-shared pool on the Lot); and
(b) this contract is not a contract of a type referred to in section 160(1)(b) of the Property Occupations ▇▇▇ ▇▇▇▇.
(2) This contract is conditional upon:
(a) the issue of a Pool Safety Certificate; or
(b) a Pool Safety Inspector issuing a Notice of nonconformity stating the works required before a Pool Safety Certificate can be issued, by the Pool Safety Inspection Date.
(3) The Buyer is responsible for arranging an inspection by a Pool Safety Inspector at the Buyer's cost. The Seller authorises:
(a) the Buyer to arrange the inspection; and
(b) the Pool Safety Inspector to advise the Buyer of the results of the inspection and to give the Buyer a copy of any notice issued.
(4) If a Pool Safety Certificate has not issued by the Pool Safety Inspection Date, the Buyer may give notice to the Seller that the Buyer:
(a) terminates this contract; or
(b) waives the benefit of this clause 4.2 The Buyer must act reasonably.
(5) The Seller may terminate this contract by notice to the Buyer if notice is not given under clause 4.2(4) by 5pm on the Pool Safety Inspection Date.
(6) The Seller’s right under clause 4.2(5) is subject to the Buyer’s continuing right to give written notice to the Seller of termination or waiver pursuant to clause 4.2(4).
(7) The right of a party to terminate under this clause 4.2, ceases upon receipt by that party of a copy of a current Pool Safety Certificate.
(8) If the Buyer terminates this contract under clause 4.2(4)(a), and the Seller has not obtained a copy of the Notice of nonconformity issued by the Pool Safety Inspector, the Seller may request a copy and the Buyer must provide this to the Seller without delay.