Terms & Conditions
Who We Are
– Add Valuer ABN: 51866711260
– Website domain: www.addvaluer.com
Disclaimer: Limitations of Liability
Liability limited by a scheme approved under Professional Standards Legislation.
The information financial, legal, taxation, architectural, building, development or any other advice and does not constitute a recommendation to take or not take any particular course or action in respect of a transaction or investment opportunity. we provide within this website is not intended as investment, financial, legal, taxation, building, architectural, development or any other advice and must not be relied upon as such. You should obtain independent professional advice and make further independent enquiries before making financial, legal, taxation, architectural, building, development or investment decisions. Past performance is not an indicator of future performance and any reliance placed on this material is at your own risk.
1.0 Tax Depreciation Services:
1.1 This agreement sets out the terms on which we will provide the Services to you. We will provide the Services to you with the degree of skill, care and diligence reasonably expected of a professional providing services of the same kind and in accordance with this Agreement. We will use all reasonable efforts to complete the Services within any agreed time frame. At our discretion, the Services may be performed by a Third Party, whereby a Third Party may undertake the inspection. We will be responsible for all acts and omissions of the Third Party as if they were our acts or omissions. You agree that you will not bring any Claim in connection with the Services or this Agreement directly against any Third Party, Quantity Surveyor, Valuer or any person employed or engaged by us or a Franchisee to perform the Services. Unless otherwise specifically agreed, we will be the sole point of contact for any issues in relation to this Agreement. We will not be responsible to you or anyone else (and you will not assert we are in breach or liable) for any failure in providing the Services or any Report to the extent such failure is caused by an Unexpected Delay. We will notify you if there is a delay that will affect the provision of the Services or any Report and the cause of the delay. If we are required to perform additional services or incur additional costs because of an
1.2 Unexpected Delay, where those additional services are required or costs are incurred due to your act or omission, you will pay us additional Fees for those services or costs and in other cases, we may charge you additional Fees as are reasonable.
2.0 Intellectual Property
2.1 Except as set out in clause 2.2, we own (and despite anything to the contrary, may commercialise or exploit for our economic benefit and for any purpose whatsoever) the Intellectual Property Rights in the Reports and Our Data. We grant, and if necessary, will procure from any third party the right to grant, to you an irrevocable, Solutions with excellence standard terms and conditions – Tax Depreciation / QS – Liability limited by a scheme approved under Professional Standards Legislation – Add Valuer 1. All rights reserved, worldwide, non-exclusive, royalty-free licence to use and reproduce the Reports for the Permitted Purpose.
2.3 Certain photos used in a Report may not have been taken by us (Third Party Photos). Where possible, Third Party Photos (other than photos sourced from you) have been attributed to the source from which we obtained the photo in the Report. We make no warranties or representations in respect of, and are unable to assign to you, any Intellectual Property Rights subsisting in the Third Party Photos.
3.0 Your Duties, Responsibilities and Obligations
3.1 You will provide us with your instructions via a Services Request and you must provide us with all data, Information and access as is necessary or reasonably required for us to perform the Services.
3.2 You acknowledge and agree that: we are entitled to and will rely on Information provided by you or your representatives and any instructions and approvals given by you or your representatives (and that we are released from any liability to the extent of any inaccuracy, inconsistency or omission in same); and although the Services may include advice, all decisions made, or action taken, in reliance upon that advice are solely your responsibility and are made by you based on your own judgment and knowledge of your circumstances.
4.0 Our Reports
4.1 The reports that Add Valuer prepares are solely for you to use for the Permitted Purpose ONLY. We do not accept a duty of care to any other person or third party and you agree to the Report specifically disclaiming legal responsibility to any other person that might read the Report. You are not authorised to use a Report for any purpose other than the Permitted Purpose without our prior written exclusive consent.
4.2 Should any other party seek a copy of the Report, our consent must first be obtained in writing (which may be given or not at our sole discretion and may be given with conditions). Even if consent has been given, you indemnify us against any Claim or Loss we may suffer or incur in respect of any Claim or action by a third party that arises as a result of any use or distribution of a Report to that party, or its reliance thereon.
4.3 Furthermore, if we incur liability to any third party as a result of any use or distribution of, or reliance on, a Report by that third party: 4.4 You will ensure that we can enforce the protections afforded to us under or out of this Agreement (and in particular clause 7) directly against that third party, or if that is not possible or does not occur for any reason, you will do everything necessary to place us in a position as if the protections had been directly enforceable or enforced against that third party also; and Without limiting clause you acknowledge and agree, and will do all things necessary to place us in a position so that, the limitation in clauses 7.1 and 7.2 apply so as to limit our liability to you and/or to that third party, severally and/or collectively, on an aggregate basis. It is agreed that our reports will contain certain assumptions, qualifications, estimates, limitations and disclaimers (Notices).
4.5 These Notices form part of this Agreement. It is your responsibility to be aware of these Notices and ensure that the Reports are only used in the context of, and subject to, such Notices. If they concern capital allowance / tax depreciation, are prepared in accordance with the provisions of the Income Tax Assessment Act 1997 (Cth) and applicable tax rulings in force at the date of the Report. It is agreed that our Reports cannot be relied upon as advice as to taxation, architectural, investment or financial strategy nor should the contents be viewed as legal or accounting advice. If the Service comprises a Virtual Assessment, you acknowledge and agree that: we will not undertake a physical inspection of the relevant premises, property or assets when undertaking and completing the Virtual Assessment. We will prepare our assessment based upon one or more of the following sources: information provided by you, the property owner or occupant or other third party; information already known to us due to a previous inspection by us; information that we have obtained from public searches or other enquiries. We will take reasonable steps to verify information, documentation and data provided by third parties where we consider it necessary, but otherwise we are entitled to assume that any information provided by third parties is accurate, complete and not misleading; and when an Assessment is undertaken without full inspection of the relevant property, premises or assets there is some inherent risk of diminished accuracy as we have not personally confirmed the building area, accommodation or features. You understand the risks inherent in us not undertaking a physical inspection.
5.0 Our Fee for Service (Fees) and Invoicing
5.1 You agree to pay us the Fees for the Services, however if, after we have provided you with the Quote, we discover that our Services will be more complex or require more resources than anticipated at the time of the Quote, we may request a higher fee for our Services. Any quote will be valid for a period of 30 days from the date of issue. We reserve the right to amend the quotation after this period and/or reject an offer to purchase the services at the previously quoted price if outside of this time frame Where we have provided you with a quote for the Fee for a Report and you instruct us to proceed with the Report or engage us to perform Services, you have accepted the quoted Fee for that Report (and these terms). Unless stated otherwise, the Fees are expressed exclusive of GST. You agree to pay any GST imposed on us, now or in the future, in relation to this Agreement.
5.2 Where GST is payable on any taxable supply made under this Agreement, you agree that the Fee payable for this supply will be increased by an amount equal to the GST payable by us in respect of that supply. Where we have agreed that you do not need to prepay for our Services, we will invoice you monthly in arrears for the Fees once we provide you with the Report (unless agreed otherwise) and you will pay our invoice within 14 days of receiving it (unless agreed otherwise).
5.3 If you dispute an invoice, you will still pay the undisputed amount and we will work together to resolve the dispute. Without limiting any other rights we may have, we may suspend (for a time or indefinitely) or terminate the Services, in whole or part, or withhold any Report if our Fees (in whole or part) have not been paid by you (or anyone else responsible for payment thereof.
6.0 Privacy, Personal Information and Confidentiality
6.1 Each of us agrees to protect and keep confidential any Confidential Information that is given to us by the other. Except as set out in this Agreement, or where both of us agree otherwise in writing, we will only use or disclose your Confidential Information as necessary to provide the Services to you. Where relevant, we may use, disclose and transfer your Information (even if Confidential Information) to our Representatives who will use and disclose it only to provide the Services to you.
6.2 In addition, we may disclose your Information to our professional advisers, any regulating body or insurers on a confidential basis. Subject to the above either of us may disclose any Confidential Information to the extent that it is required to be disclosed by law, order of any court, tribunal, authority or regulatory body, rules of any stock exchange or any professional obligations or requirements. A party disclosing Confidential Information under this agreement must, where practical and to the extent permitted by law, notify the other of the requirement to disclose and only disclose the minimum Confidential Information required to comply with the law or requirement.
6.3 It is understood that you agree that we may aggregate your Information and use and disclose that information in de-identified form as part of research and advice, including without limitation, benchmarking services or for Report purposes. We will return to you or destroy your Information at any time at your request, however, we are entitled to retain a copy of your Confidential Information or any Information you give to us for any lawful record keeping purposes, provided that we continue to keep this Information confidential in accordance with this Agreement.
6.4 We will handle Personal Information in accordance with the Privacy Legislation and our privacy policy. You agree to work with us to ensure that both of us meet any obligations that each of us may have under the Privacy Legislation including, where relevant, notifying the individual to whom the Personal Information relates of who we are and how we propose to use and disclose their information.
6.5 Where you provide us with any Personal Information, you confirm that you have collected the Personal Information in accordance with the Privacy Legislation, that you are entitled to provide the Personal Information to us and that we may collect, use and disclose the Personal Information for the purpose of providing the Services to you or as otherwise permitted by this Agreement.
7.0. Release, Indemnity and our Limited Liability
7.1 Except to the extent that legislation does not permit Us to limit our liability, you unconditionally and irrevocably agree that our maximum aggregate liability to you for any Claim or Loss arising in connection with the Services or otherwise under this Agreement (whether arising by way of indemnity, negligence or otherwise) is limited to an amount which is the lesser of three (3) x our Fees and $1.
7.2 Without limiting clause 7.1: 7.2.1 we will only be liable to you for that proportion of the total Loss caused or contributed to by us; 7.2.2 we will not be liable to you (nor will you assert any Claim against us) for any Consequential Loss; and 7.2.3 we will not be liable unless you notify us of that Loss within 12 months of it occurring.
7.3 You acknowledge and agree that: 7.3.1 We are not liable for any Loss, or failure to provide the Services, to the extent caused by an Unexpected Delay or which arises as a result of us relying on any inaccurate, misleading or incomplete Information; or 7.3.2 We are not liable to you for any Loss or causes of action arising in connection with the Services or any Report, to the extent: (a) Directly or indirectly based upon, attributable to, or in consequence of any insulation and finishing system, wall panelling, cladding or facade material that is not compliant, or does not conform, or is installed, applied or used in a manner that does not comply, in whole or part, with all relevant provisions of the Building Code of Australia, the National Construction Code of Australia, Australian Standards, approved conditions of use or application, or any other applicable law or regulation, including any replacement thereof; or (b) Arising from or as a result of any newly enacted, or change to existing, Law, or any applicable judgment of a relevant court which changes the interpretation of a Law, which occurs after the date of our Report and which affects or alters the conclusions therein and/or the information or basis upon which we exercised any professional judgement; (c) Arising from any alteration, removal or addition to the subject asset or property (including its fittings or fixtures) which occurs after the date of Report.
7.4 You indemnify us for and in respect of all Loss which we may suffer or incur arising from or in any way connected with any breach by you of this Agreement.
7.5 Nothing in this Agreement shall restrict, modify or limit your rights under the Australian Consumer Law.
7.6 You represent and agree that: 7.6.1 You waive unconditionally any right, and will not seek, to Claim against Us in excess of any limitation applicable under clause 7.1 or in a manner that is contrary to any protection afforded otherwise by this clause 7; 7.6.2 This clause 7 or any other clause that provides protection to us in respect of our exposure to Claims or Loss are reasonably necessary to protect our legitimate interests; and 7.6.3 We have entered into this Agreement relying on your representations in this regard.
7.7 You acknowledge that in providing a Virtual Assessment we may rely on information, documents and data provided by third parties (Third Party Information). Whilst we will always take reasonable steps to verify the accuracy and completeness of Third Party Information, we make no warranties or representations about the accuracy or completeness of that Third Party Information. You release and hold us harmless in respect of any claim, loss, cost or damages that may arise as a direct or indirect consequence of any Third Party Information being incomplete, inaccurate or misleading due to the fraud or recklessness of a provider of Third Party Information.
8.0 Insurance
We will maintain appropriate insurance in relation to the Services, including professional indemnity insurance with a reputable insurer with an indemnity limit of $1 million during the term of this Agreement and for a period of seven years after last performing the Services for you.
9.0 Conflict of interest
If we identify a conflict of interest in respect of the Services Request at any time, in addition to anything else that we consider necessary to manage the issue, we will notify you and seek your consent to our (or our continued) engagement, or at our sole and binding election, we may notify that we decline to, or will not continue to, act (in which case you will pay for any Fees incurred to that date).
10.0 Termination
10.1 You may terminate this Agreement by giving us at least 30 days prior written notice at any time. If the Agreement is terminated for any reason, you must pay our Fees for the Services performed and any other charges incurred, up to the time of termination. Solutions with excellence standard terms and conditions – Tax Depreciation / QS – Liability limited by a scheme approved under Professional Standards Legislation – Add Valuer 4 –10.2 We may terminate this Agreement: 10.2.1 by giving you notice of at least 30 days; 10.2.2 if any payment due by you under this Agreement is not paid on the due date; 10.2.3 if, by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation similar just cause; or 10.2.4 if there is any change in your financial or legal status. 14.3 Clauses 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 15 and this clause 10.3 survive the termination of this Agreement. Nothing in this clause prevents any other provision of the Agreement, as a matter of interpretation, also surviving the discharge, expiration or termination of this Agreement.
11. Dispute resolution
11.1 Each of us agrees to use reasonable endeavours to resolve any dispute that arises in connection with this Agreement. 11.2 If we are unable to resolve a dispute within 14 days of either of us giving the other notice in writing of a dispute, either of us may refer the dispute to mediation to be conducted in Sydney, New South Whales under the Australian Disputes Centre (ADC) guidelines for commercial mediation which are operating at the time the dispute is referred to the ADC.
11.3 If the dispute is not resolved by mediation within 28 days of the appointment of a mediator, either of us may commence court proceedings.
11.4 Despite the existence of a dispute, each of us must continue to perform all of our obligations under this Agreement.
11.5 Nothing in this clause prevents either of us from applying to a court for urgent interlocutory relief.
12. General
12.1 We are engaged as an independent contractor. Neither of us is an agent or representative of or has the authority to bind the other. This Agreement is not intended and will not be taken to constitute a partnership, agency, employment, joint venture or fiduciary relationship between us.
12.2 This Agreement is the entire agreement between us for the Services. It supersedes all prior communications, negotiations, arrangements and agreements, either oral or written between us in relation to its subject matter.
12.3 These “Standard Terms and Conditions” prevail to the extent of any omission or inconsistency with anything contained in the Letter, a Services Request or a Report.
12.4 We may amend these “Standard Terms and Conditions” from time to time and subject to our discretion. Our prevailing “Standard Terms and Conditions” can be viewed at all times on our website: addvaluer.com.
12.5 Neither of us may transfer, assign or novate this Agreement without the prior written consent of the other. However, we may elect to subcontract the performance of the Services (in whole or part) without giving notice to you but at all times, we remain liable to you for the acts or omissions of our subcontractors.
12.6 If any of the terms of this Agreement are not legally enforceable then that term or the relevant part of it will be either amended as appropriate to make it enforceable or ignored, but in all other respects this Agreement will have full effect.
12.7 This Agreement is governed by the law applying in NSW and the parties submit to the non-exclusive jurisdiction of the courts of NSW.
12.8 A waiver by one of us of a breach by the other of any term of this Agreement does not operate as a waiver of another term or a continuing breach by the other of the same or any other term of this Agreement.
12.9 To the extent permitted by law, we disclaim all warranties, either express or implied, in relation to the Services and the Reports other than any written warranty made in this Agreement.
13. Interpretation In this Agreement:
13.1 headings and sub-headings are for ease of reference only and do not affect the interpretation of this Agreement;
13.2 words denoting the singular include the plural and vice versa;
13.3 the word ‘includes’ in any form is not a word of limitation;
13.4 where a word or phrase is defined, another part of speech or grammatical form of that word or phrase has a corresponding meaning;
13.5 a person includes a firm, partnership, joint venture, association, corporation or other body corporate;
13.6 ‘$’ is a reference to Australian dollars;
13.7 ‘this Agreement’ is to this Agreement as amended from time to time;
13.8 a clause, schedule or attachment is a reference to a clause, schedule or attachment in or to this Agreement;
13.9 any document (such as a deed, agreement or other document) is to that document (or, if required by the context, to a part of it) as amended, novated, substituted or supplemented at any time; and 13.10 any legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced and includes any subordinate legislation issued under it.
19. Definitions In this document
The following words have the following meanings: Agreement means the agreement between us and you comprising these “Standard Terms and Conditions”, the Letter and in respect of a particular Valuation Request, that Valuation Request and the relevant Valuation. Claim means any claim made (whether in the form of an allegation, demand, suit, action or other proceeding of . Solutions with excellence standard terms and conditions – Tax Depreciation / QS – Liability limited by a scheme approved under Professional Standards Legislation – Add Valuer 5 any kind) under or in connection with this Agreement or its subject matter whether arising under contract (including under any warranty or indemnity or any other breach, actual or anticipatory), in equity, restitution, negligence or any other tort, strict liability under statute or otherwise at all.
Commencement Date means the date on which you first instruct us to provide our Services under this Agreement. Confidential Information means any information or material which is proprietary to a party or acquired by either of us solely as a result of the Services and is designated as confidential or the recipient ought know or assume it is confidential, but excludes any information that: (a) is or becomes publicly available, except by a breach of this Agreement; (b) is disclosed to either of us by a third party provided that the recipient reasonably believes the third party is legally entitled to disclose such information; (c) was known to either of us before we received it from the other or is developed by either of us independently; (d) is disclosed with the other’s consent; or (e) is required to be disclosed as contemplated by clause 8.3.
Consequential Loss means any loss of actual or anticipated profit or revenue, extraordinary or unexpected financing costs, anticipated savings or business opportunity, loss or corruption of data or systems, or damage to goodwill whether arising at law as direct or indirect loss, and any indirect, consequential, special, punitive, exemplary or incidental loss or damages, whether foreseeable or not and whether we were advised of the possibility of such damages. CPI means the annual Consumer Price Index (All Groups), Australia (weighted average of eight capital cities) as published by the Australian Bureau of Statistics. Fees means the fees for the Services set out in the Letter or any quote provided under clause 5.4, as calculated in accordance with our Fee Schedule (if any) or any higher fee applicable under clause 5 or 7.2. Fee Schedule means our schedule of fees as supplied to you (if any), as amended from time to time. Franchisee means individuals, partnership or company that has entered into a franchise agreement with our franchisor entity Add Valuer. GST has the meaning given to it under A New Tax System (Goods and Services Tax) Act 1999 (Cth). Information means any information, documents, material, facts, instructions or Confidential Information provided to us by you or your Representatives or anyone else at your request. Intellectual Property Rights means all intellectual property rights throughout the world and includes rights in respect of copyright, trade marks, designs, trade secrets and know-how.
Law means legislation, standards codes, or subordinate legislation, other ordinance, decree, by-law or any rule, circular, directive having the force of law. Letter means an engagement letter or other written communication between us which confirms our engagement and scope of Services. Loss means any loss, liability, Claim, damages, costs or expenses of whatsoever kind (including, where applicable, Consequential Loss). Our Data means all data, photographs, field notes, sales data, reports, systems and other materials that we produce, collect, develop or otherwise bring into existence in the provision of the Services (other than Third Party Information, Third Party Photos and any data and materials provided by you to us). Permitted Purpose means, in the context of the Services provided, either tax claims by the current owner of a property under the Income Tax Assessment Act 1997 (Cth), insurance replacement assessment, or other cost estimating purposes, as may be confirmed in the Letter, or as otherwise agreed in writing and accepted by us.
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in writing or spoken, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
Privacy Legislation means the Privacy Act 1988 (Cth) and any other law that applies to either of us that relates to privacy or to the collection, use, disclosure or handling of information about individuals (including a law of a State or Territory relating to privacy). Quantity Surveyor means a person duly qualified and registered and licensed to provide services associated with estimating, cost planning, procurement, scheduling, or related construction activities, or the provision of insurance replacement assessments and/or compliant capital allowance / tax depreciation schedules.
Report means any report we provide in respect of our Services. Representatives means any officer, employee, consultant, agent, adviser or contractor of either of us.
Services means tasks and services necessary to provide, as may be applicable, capital allowance / tax deduction assessments, insurance replacement assessments, costs estimates or related quantity surveying activities (collectively, Assessments), as requested by you and agreed by us in accordance with this Agreement.
Services Request means the instruction provided by you requesting us to provide Services. Unexpected Delay means any delay in providing the Services that is caused or contributed to by an act or event (including the non-performance of your obligations) that is beyond our control or not reasonably foreseeable by us at the time of accepting a Services Request. . Solutions with excellence standard terms and conditions – Tax Depreciation / QS – Liability limited by a scheme approved under Professional Standards Legislation – Add Valuer 2. Us and We and Our means Add Valuer means valuation professional employed (or engaged) by Us or a Franchisee who is a current financial member of the API (or other equivalent or relevant professional body) with the skills, qualifications and experience necessary to provide the Services.
Virtual Assessment means an Assessment in respect of property, premises or assets undertaken without a physical inspection of the relevant property, premises or assets. You means the client engaging us to provide the Services.
VALUATION SERVICES
1.0 Services
1.1 We will provide the Services to you with the degree of care, skill and diligence expected of a professional providing services of the same kind.
2.0 Reliance
2.1 Our Valuation is prepared solely for you and any other person expressly specified in Quotation or the Request (Agreed Parties). We do not accept responsibility to any other parties. You and each Agreed Party can only use or rely on the Valuation for the Permitted Purpose. We do not accept responsibility if you use or rely on the Valuation for any purpose other than the Permitted Purpose.
2.2 If you wish to provide the Valuation to any person other than an Agreed Party for any reason, or to publish any part of the Valuation in any document or statement, you must obtain our prior written consent, which we may withhold in our absolute discretion.
2.3 You acknowledge that any use or reliance on our Valuation in a manner that is not permitted by this Agreement may expose us to a Claim from someone with whom we have no relationship or whose interests we have not considered in preparing our Valuation. Accordingly, you agree to indemnify us for any Loss we may suffer or incur in respect of any Claim by a third party that arises as a result of any use or reliance on the Valuation contrary to the terms of this Agreement.
2.4 Unexpected Delay, where those additional services are required or costs are incurred due to your act or omission, you will pay us additional Fees for those services or costs and in other cases, we may charge you additional Fees as are reasonable.
3.0 Limited Liability
3.1 Our Liability is Limited, except where you have rights under the Australian Consumer Law and where we are otherwise not permitted by law to limit our liability to you, our liability for any Loss suffered or incurred in connection with our Services or this Agreement whether arising out of negligence, breach of contract or otherwise (Liability), is limited in the following ways: 3.1.1 our total Liability to all parties is limited in the aggregate to one two times the total of all fees paid or payable under this Agreement; 3.1.2 our Liability to all parties is limited to that proportion of the Loss caused or contributed to by us; 3.1.3 you release us from any Liability to the extent that any Loss relates to any inaccuracy, inconsistency or omission in Your Information, or any instructions and approvals given by you or your Representatives; and 3.1.4 we will not be liable to you for any Consequential Loss.
3.2 You acknowledge and agree that the Add Valuer entity named in the Quote is the only entity responsible for providing the Services and the only entity that may have any liability to you in connection with the Services or this Agreement.
3.3 You agree not to bring any claim relating to our Services or this Agreement against any: 3.3.1 Add Valuer entity other than the entity named in the Quote; or 3.3.2 against any of our employees, agents or officers in their personal capacity. Under the Australian Consumer Law, consumers are protected by automatic guarantees for services they acquire.
4.0 Valuation Qualifications and Disclaimers
4.1 Our Valuation is current at the date of the Valuation only. The value assessed in Our Valuation or Valuation Services Report may change significantly and unexpectedly over a relatively short period of time (including as a result of general market movements or factors specific to the particular property). We do not accept liability for losses arising from such subsequent changes in value. Without limiting the generality of the above comment, We do not assume responsibility or accept any liability where the valuation is relied upon after the expiration of ninety (90) days from the date of the valuation, or such earlier date if you become aware of any factors that have any effect on the valuation.
4.2 Within our Valuation there will contain certain assumptions, qualifications, limitations and disclaimers. You agree that it is your responsibility to become aware of these assumptions, qualifications, limitations and disclaimers and to ensure that the Valuation is only used in the context of, and subject to, such assumptions, qualifications, limitations and disclaimers. These qualifications, assumptions and conditions precedent typically may relate to:-
(a) Land contamination and environmental risk;
(b) Town Planning Information;
(c) Town Planning and Development Controls and Consents;
(d) Title including Notifications on Title such as Easements, Caveats, Restrictions and other dealings;
(e) Building Areas;
(f) Building Structural Integrity;
(g) Building Compliance with the Building Code of Australia;
(h) Pest Infestation;
(i) Leases, Licences and Tenancies;
(j) Current Passing Rents;
(k) The ongoing ability of tenants to pay lease rents;
(l) Rental Areas;
(m) Strata Title Certificates;
(n) Plant and Equipment within Buildings;
(o) The veracity of and sources of Sales and Letting Information and Transaction Data;
(p) The nature of forecasting, future value assessment and discounted cash fl ow analysis;
(q) The basis of Value where access to the property is restricted; and
(r) Whether or not the property has been completed where a development.
You agree that we will include property specific qualifications, assumptions and conditions precedent within our reports as circumstances require. Furthermore, you agree that it is your responsibility to carefully read and consider these qualifications, assumptions and conditions precedent and discuss them with us if they cause you any concern. You acknowledge that in providing the Valuation we may rely on information, documents, photos and data provided by third parties (Third Party Information). While we will always take reasonable steps to verify the Terms and Conditions – Valuation Services Liability limited by a scheme approved under Professional Standards Legislation – Add Valuer. All rights reserved. Effective from 2023.
The accuracy and completeness of Third Party Information, we make no warranties or representations about the accuracy or completeness of that Third Party Information. You acknowledge and agree that the Valuation is not, and cannot be relied on as investment, financial, legal, taxation, architectural, building, development or any other advice and does not constitute a recommendation to take or not take any particular course or action in respect of a transaction or investment opportunity.
5.0 Fees, Invoicing, Payment and Termination
5.1 You agree to pay us the Fees for the Services, however if, after we have provided you with the Quote, we discover that our Services will be more complex or require more resources than anticipated at the time of the Quote, we may request a higher fee for our Services. Any quote will be valid for a period of 30 days from the date of issue. We reserve the right to amend the quotation after this period and/or reject an offer to purchase the services at the previously quoted price if outside of this time frame where we have provided you with a quote for the Fee for a Report and you instruct us to proceed with the Report or engage us to perform Services, you have accepted the quoted Fee for that Report (and these terms). Unless stated otherwise, the Fees are expressed exclusive of GST. You agree to pay any GST imposed on us, now or in the future, in relation to this Agreement.
5.2 Where GST is payable on any taxable supply made under this Agreement, you agree that the Fee payable for this supply will be increased by an amount equal to the GST payable by us in respect of that supply. Where we have agreed that you do not need to prepay for our Services, we will invoice you monthly in arrears for the Fees once we provide you with the Report (unless agreed otherwise) and you will pay our invoice within 14 days of receiving it (unless agreed otherwise).
5.3 If you dispute an invoice, you will still pay the undisputed amount and we will work together to resolve the dispute. Without limiting any other rights we may have, we may suspend (for a time or indefinitely) or terminate the Services, in whole or part, or withhold any Report if our Fees (in whole or part) have not been paid by you (or anyone else responsible for payment thereof. We will not be liable for any failure or delay in providing our Services to the extent such failure or delay is caused by an Unexpected Delay. Either party may terminate this Agreement at any time by giving the other party at least 7 days’ written notice.
5.4 If the Agreement is terminated for any reason, you must pay our fee for our Services performed and any other charges incurred, up to the time of termination.
5.5 If the Agreement is terminated by us without cause, we will refund any fee that you have paid us in respect of Services that we have not provided at the time of termination.
5.6 Any term in this Agreement that contemplates continuing beyond termination or expiry of this Agreement will survive termination or expiry of this Agreement and will continue in full force and effect, .
6.0 Privacy, Personal Information and Confidentiality
6.1 Each of us agrees to protect and keep confidential any Confidential Information that is given to us by the other. Except as set out in this Agreement, or where both of us agree otherwise in writing, we will only use or disclose your Confidential Information as necessary to provide the Services to you. Where relevant, we may use, disclose and transfer your Information (even if Confidential Information) to our Representatives who will use and disclose it only to provide the Services to you.
6.2 In addition, we may disclose your Information to our professional advisers, any regulating body or insurers on a confidential basis. Subject to the above either of us may disclose any Confidential Information to the extent that it is required to be disclosed by law, order of any court, tribunal, authority or regulatory body, rules of any stock exchange or any professional obligations or requirements. A party disclosing Confidential Information under this agreement must, where practical and to the extent permitted by law, notify the other of the requirement to disclose and only disclose the minimum Confidential Information required to comply with the law or requirement.
6.3 It is understood that you agree that we may aggregate your Information and use and disclose that information in de-identified form as part of research and advice, including without limitation, benchmarking services or for Report purposes. We will return to you or destroy your Information at any time at your request, however, we are entitled to retain a copy of your Confidential Information or any Information you give to us for any lawful record keeping purposes, provided that we continue to keep this Information confidential in accordance with this Agreement.
6.4 We will handle Personal Information in accordance with the Privacy Legislation and our privacy policy. You agree to work with us to ensure that both of us meet any obligations that each of us may have under the Privacy Legislation including, where relevant, notifying the individual to whom the Personal Information relates of who we are and how we propose to use and disclose their information.
6.5 Where you provide us with any Personal Information, you confirm that you have collected the Personal Information in accordance with the Privacy Legislation, that you are entitled to provide the Personal Information to us and that we may collect, use and disclose the Personal Information for the purpose of providing the Services to you or as otherwise permitted by this Agreement.
7.0. Release, Indemnity and our Limited Liability
7.1 Except to the extent that legislation does not permit Us to limit our liability, you unconditionally and irrevocably agree that our maximum aggregate liability to you for any Claim or Loss arising in connection with the Services or otherwise under this Agreement (whether arising by way of indemnity, negligence or otherwise) is limited to an amount which is the lesser of three (3) x our Fees and $1. 7.2 Without limiting clause 7.1: 7.2.1 we will only be liable to you for that proportion of the total Loss caused or contributed to by us; 7.2.2 we will not be liable to you (nor will you assert any Claim against us) for any Consequential Loss; and 7.2.3 we will not be liable unless you notify us of that Loss within 12 months of it occurring.
7.3 You acknowledge and agree that: 7.3.1 We are not liable for any Loss, or failure to provide the Services, to the extent caused by an Unexpected Delay or which arises as a result of us relying on any inaccurate, misleading or incomplete Information; or 7.3.2 We are not liable to you for any Loss or causes of action arising in connection with the Services or any Report, to the extent: (a) Directly or indirectly based upon, attributable to, or in consequence of any insulation and finishing system, wall panelling, cladding or facade material that is not compliant, or does not conform, or is installed, applied or used in a manner that does not comply, in whole or part, with all relevant provisions of the Building Code of Australia, the National Construction Code of Australia, Australian Standards, approved conditions of use or application, or any other applicable law or regulation, including any replacement thereof; or (b) Arising from or as a result of any newly enacted, or change to existing, Law, or any applicable judgment of a relevant court which changes the interpretation of a Law, which occurs after the date of our Report and which affects or alters the conclusions therein and/or the information or basis upon which we exercised any professional judgement; (c) Arising from any alteration, removal or addition to the subject asset or property (including its fittings or fixtures) which occurs after the date of Report.
7.4 You indemnify us for and in respect of all Loss which we may suffer or incur arising from or in any way connected with any breach by you of this Agreement.
7.5 Nothing in this Agreement shall restrict, modify or limit your rights under the Australian Consumer Law.
7.6 You represent and agree that: 7.6.1 You waive unconditionally any right, and will not seek, to Claim against Us in excess of any limitation applicable under clause 7.1 or in a manner that is contrary to any protection afforded otherwise by this clause 7; 7.6.2 This clause 7 or any other clause that provides protection to us in respect of our exposure to Claims or Loss are reasonably necessary to protect our legitimate interests; and 7.6.3 We have entered into this Agreement relying on your representations in this regard.
7.7 You acknowledge that in providing a Virtual Assessment we may rely on information, documents and data provided by third parties (Third Party Information). Whilst we will always take reasonable steps to verify the accuracy and completeness of Third Party Information, we make no warranties or representations about the accuracy or completeness of that Third Party Information. You release and hold us harmless in respect of any claim, loss, cost or damages that may arise as a direct or indirect consequence of any Third Party Information being incomplete, inaccurate or misleading due to the fraud or recklessness of a provider of Third Party Information.
8.0 Insurance
We will maintain appropriate insurance in relation to the Services, including professional indemnity insurance with a reputable insurer with an indemnity limit of $1 million during the term of this Agreement and for a period of seven years after last performing the Services for you.
9.0 Conflict of interest
If we identify a conflict of interest in respect of the Services Request at any time, in addition to anything else that we consider necessary to manage the issue, we will notify you and seek your consent to our (or our continued) engagement, or at our sole and binding election, we may notify that we decline to, or will not continue to, act (in which case you will pay for any Fees incurred to that date).
10.0 Termination
10.1 You may terminate this Agreement by giving us at least 30 days prior written notice at any time. If the Agreement is terminated for any reason, you must pay our Fees for the Services performed and any other charges incurred, up to the time of termination.
10.2 We may terminate this Agreement: 10.2.1 by giving you notice of at least 30 days; 10.2.2 if any payment due by you under this Agreement is not paid on the due date; 10.2.3 if, by continuing to act for you, we would be required to act contrary to any legal, regulatory or professional conduct obligation similar just cause; or 10.2.4 if there is any change in your financial or legal status. 14.3 Clauses 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 15 and this clause 10.3 survive the termination of this Agreement. Nothing in this clause prevents any other provision of the Agreement, as a matter of interpretation, also surviving the discharge, expiration or termination of this Agreement.
Your Acceptance
You agree to be bound by these Terms (as stated above) by:
Submitting a request;
Using, browsing or accessing any part of the Website;
Registering as a Customer on the Website.
If you do not agree to the Terms
Should you not agree with the Terms outlined above or relating to any of the services provided, you are not permitted to access and use the website. You should immediately cease use of this Website.
As such, Add Valuer may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the website will be governed by the most recent Terms posted. By continuing to use the Website, you agree to be bound by the most recent Terms.
The Website (https://AddValuer.com) – It is your responsibility to check regularly for updated versions of the Terms. You will not be separately notified of the changes, as you do not need to register to access this Website.
