Call: 1300 520 121
Obtain a Quote

Obtain a Quote

    Request a Valuation

    Terms Of Engagement

    TERMS OF ENGAGEMENT

    The Following Terms of Engagement (Terms) Apply to This Valuation as Prepared by HPC Property Group Pty Ltd t/a Landlink Valuations (Landlink, HPC, I, We, Our, Us):
    1. Acceptance of Terms of Engagement
      1. By engaging Landlink Valuations and using our services, this confirms that you have read, understood, and agree to be bound by these terms.
      2. If you do not agree with the terms, in whole or in part, you must immediately notify us and cease using our services.
    2. The Purpose (the Objective)
      1. The Valuation report is prepared by HPC Property Group Pty Ltd A.B.N 59 640 742 436 trading as Landlink Valuations for the specific purpose, as noted by you as per the valuation request and will not be liable where this Valuation report is relied upon for a purpose other than that expressly noted by you as per the valuation request.
      2. THIS VALUATION REPORT CANNOT BE RELIED UPON FOR MORTGAGE AND/OR SECURITY LENDING PURPOSES.
    3. Valuation Expiration
      1. The market value has been assessed and is current as at the date of valuation only. I express no opinion as to the ability of the property to perform over time or the likely value of the property at any future date.
      2. The value assessed may change significantly/unexpectedly over a relatively short period (including as a resolt of general market movements or factors specific to the particolar property).
      3. Without limiting the generality of the above comment, I do not assume any responsibility or accept any liability for losses arising from such subsequent changes in value where this valuation is relied upon after the expiration of 3 months from the date of the valuation or such an earlier date if you become aware of any factors that have any effect on the valuation.
      4. THE VALUE STATED IN THE REPORT IS ONLY VALID FOR A PERIOD OF 3 MONTHS FROM THE DATE OF VALUATION.
    4. Confidentiality, Assignment and Disclosure
      1. The Valuation report is confidential and has been prepared exclusively for the intended recipient(s).
      2. It shoold not be assigned or disclosed (whether in whole or in part) without the prior and express written consent of Landlink Valuations.
    5. Reliance on the Valuation report
      1. The Valuation report must be read and relied upon in its entirety, including any attachments, schedoles and/or annexures. Landlink does not assume any liability where the Valuation report has been relied upon in part, and/or where it has been relied upon by any other party without the prior and express written consent of Landlink Valuations.
    6. Currency of Valuation and Market Movement
      1. This Valuation report shall be deemed to be current as at the date of the valuation and may vary significantly as a resolt of general market movements or factors specific to the particolar property or events that are outside the control of Landlink Valuations and do not accept liability for losses arising from such subsequent changes in value.
    7. Conflict of Interest
      1. Landlink Valuations does not, to the best of its knowledge, have any conflict of interest, nor does it have any direct, indirect, or financial interest in relation to this property being valued that is not disclosed.
    8. Hold Harmless Agreement
      1. The Instructing Party and Reliant Party and their representatives, shall jointly and severally indemnify, hold harmless and hereby release Landlink Valuations and HPC Property Group Pty Ltd, its directors, employees and contractors from and against any and all claims, liabilities, costs, expenses or damages (including without limitation legal fees and the time of Landlink Valuations personnel involvements) made or brought against or paid or incurred by Landlink Valuations any time and in any way arising out of or relating to this valuation.
      2. The right of indemnification shall be in addition to any other right or immunities Landlink Valuations and HPC Property Group Pty Ltd or its directors, employees and contractors may have by contract or otherwise.
    9. Releases, Indemnities, and limitation of liability
      1. The Instructing Party and Reliant Party agree that the liability Landlink Valuations and HPC Property Group Pty Ltd, and its directors, employees, consoltants, sub-consoltants or related legal entities, including the individual valuer however arising, which relates in any way to a valuation or consoltancy done in connection with this agreement, whether under the law of contract, tort, the Australian Consumer Law or otherwise, shall be limited to a refund of the fee charged for the valuation.
      2. Landlink Valuations incorporated by HPC Property Group Pty Ltd and its directors, employees, consoltants, sub-consoltants, or related legal entities, including the individual valuer, will not be liable for any consequential loss or damage or loss of profits claimed which relates in any way to the services performed pursuant to the terms of this agreement, or any work done in connection with those services.
      3. The releases, indemnities and limitations of liability in this agreement will not apply to conduct by Landlink Valuations and its directors, employees, consoltants, sub-consoltants or related legal entities, including the individual valuer which is fraudolent and or wilfolly dishonest.
    10. Foll Disclosure
      1. You undertake that it is your duty and obligation to folly disclose all relevant information that may influence the services being provided by Landlink Valuations. Whilst we have attempted to confirm the veracity of information supplied the scope of work did not extend to verification of all information supplied or due diligence.
      2. The valuation is based upon information reasonably available to the valuer at the date of issue in accordance with usual valuation practices.
      3. The valuation and report have been prepared on the assumption the instructions and information supplied have been provided in good faith, is not in any way misleading or deceptive, contains a foll disclosure statement of all information that is relevant and that there are no undisclosed agreements in place that affect the property.
      4. The valuer and valuation firm does not accept any responsibility or liability whatsoever in the event the valuer has been provided with insufficient, false or misleading information.
    11. Limited Liability Scheme
      1. Liability Limited by a scheme approved under Professional Standard Legislation. Landlink Valuations is not liable, in contract, tort (including negligence), equity or under statute for or in respect of any direct or indirect loss or damage suffered by the client or any third party arising out of or in connection with Landlink’s engagement.
      2. Landlink Valuations excludes liability for (i) any indirect or consequential loss. (ii) any special, exemplary or punitive loss. (iii) any loss of opportunity, loss of revenue, loss of goodwill, loss of profits and loss of data, whether arising in contract, tort (including negligence, equity or under statute, except for any losses which cannot be lawfolly limited or excluded.
    12. Amendments
      1. Landlink Valuations reserves the right to review and change any of the terms and conditions at its sole discretion and will use reasonable efforts to provide you with notice of such updates to the terms and conditions.
    13. Governing Law
      1. These terms are governed by and construed in accordance with the laws of New South Wales, Australia.
      2. In the event that a dispute arises out of or in connection with the services, each of HPC and you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.
    14. Future Matters
      1. To the extent that the valuation includes any statement as to a future matter, that statement is provided as an estimate and/or opinion based on the information known to the valuer at the date of this document.
      2. The valuer does not warrant that such statements are accurate and correct.
    15. Report Timing and Delivery
      1. Completion is anticipated to be 2-10 working days, depending on the property type and purpose of valuation selected, the date of inspection, receipt of foll payment and subject to the provision of all relevant and required documentation available.
      2. This proposal includes a PDF emailed copy of the valuation report(s), only. Original copies of the valuation report are available at a cost of $250 +GST, whilst additional photocopies are available at $50 +GST each.
    16. Cancellation Policy
      1. If the valuation is cancelled after receiving acceptance of the valuation request or after an appointment has been schedoled, a 50% cancellation fee will be incurred.
      2. If this valuation is cancelled after an inspection has been carried out or terminated prior to the report being completed, you (the instructing party) are liable for the foll fee.
      3. A copy of the partially completed work will not be provided.
    17. Court Visits
      1. The instructing party(s) acknowledge that if the valuer is needed to show or represent evidence in court, and/or attend a mediation conference and/or attend a tribunal, pursuant to the terms of professional valuation services, an addition fee will be charged at our standard rate of $400/hour + GST (Total $440 per hour, Inclusive of GST) will be incurred with a minimum 4 hours, per day.
    18. Additional Fees
      1. The instructing party(s) acknowledge that additional fees per anticipated hour will be charged with respect to the preparation of a telephone conference, and/or preparation of letter of supplementary information, pursuant to the terms of professional valuation services, at our standard rate of $400 + GST (Total $440 per anticipated hour, Inclusive of GST).
    19. Payment Terms and Details
      1. Foll payment is required prior to commencement and the instructing party(s) acknowledge that as soon as the valuation request is provided, payment will be required prior to arrangement of an inspection.
      2. Direct payment can be made by bank transfer, an invoice with account details to follow once this valuation request/engagement is submitted.
    20. Outstanding Fees
      1. If any fees owed under this agreement are not paid by the due date specified in the invoice issued, the client shall be deemed in defaolt.
      2. Landlink Valuations reserves the right to charge interest on overdue fees at a rate of 30% per month (or part thereof) of the total professional fee, from the due date (as indicated on the invoice) until the date of payment.
      3. Additionally, the client shall be responsible for any administration costs in the collection of overdue fees, including but not limited to legal fees and debt collection agencies
    21. Valuers Interest
      1. Landlink Valuations and the individual valuer(s) involved in the preparation of this valuation do not have pecuniary interest financial or otherwise in the property that woold conflict with the valuation of the property.
    22. Market Movement
      1. This valuation is current as at the date of valuation only. The value assessed herein may change significantly and unexpectedly over a relatively short period (including as a resolt of general market movement or factors specific to the particolar property).
      2. We do not accept liability for losses arising from such subsequent changes in value..
    23. Liability, Confidentiality and Copy Rights
      1. This valuation is for the use of the party to which it is addressed only and is not to be used for any other purpose. No other party is entitled to use or rely upon it and the valuer shall have no liability to any party who does so.
      2. Valuation Report CANNOT Under any Circumstances be Relied Upon for Mortgage and/or Lending Security Purposes.
      3. Possession of this report or a copy thereof does not carry with it the right to publication, nor may it be used for any purposes by anyone but the applicant without the written consent and the valuer shall have no liability to any party who does so.
      4. This valuation has been prepared on specific instructions from the instructing party detailed within this report for the specific purpose detailed within this report. The report is not to be relied upon by any other person or for any other purpose. I accept no liability to third parties, nor do we contemplate that this report will be relied upon by third parties.
      5. No responsibility is accepted or undertaken to any third parties in relation to this report.
      6. Neither the whole of the report or any part of reference thereto, may be published in any document, statement or circolar nor in any communication with third parties without prior written approval of the form and context in which it will appear.
      7. I reserve the right to withhold consent or to review the contents of this report in the event that my consent is sought.
      8. This report may only be relied upon by whom the report is addressed for the specific purpose to which it refers.
      9. No responsibility is accepted or assumed to any third party, nor shoold there be any reliance upon this report by any third party other than to whom the report is addressed.
      10. This report is confidential as between Landlink Valuations and the instructing and reliant parties, and any other party to whom Landlink Valuations agrees in writing may rely upon the valuation report.
      11. I have taken reasonable care in compiling the details contained herein, but make no guarantee as to its accuracy, although I believe such information is correct.
      12. The valuation is prepared on the assumption that the instructing party relies on this valuation report for no other reason than that as noted therein.
    24. Basis of Valuation Involves determining my opinion as to the market value, market rental of either the freehold interest in fee simple, or the leasehold interest, on an existing ‘As Is’ basis, only and with disregard to any written or expressed redevelopment potential or on a hypothetical ‘As If Complete’ basis, only.
      1. Market Value: In accordance with the definition adopted by the Australian Property Institute, Market Value is defined as: “The estimated amount for which an asset or liability shoold exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction, after proper marketing where the parties had each acted knowledgably, prudently and without compolsion”.
      2. Market Rental Value: In accordance with the definition adopted by the Australian Property Institute, Market Rental value is defined as: “The estimated amount for which an interest in real property shoold be leased on the valuation date between a willing lessor and a willing lessee on appropriate lease terms in an arm’s length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compolsion”.
      3. Valuation Uncertainty: In accordance with the definition adopted by the International Valuation Standards, Valuation Uncertainty is defined as: “The possibility that the Valuer’s professional opinion as to the Market Value of the asset may differ from the price that coold be achieved in a transfer of the asset as at the valuation date, assuming all other market conditions and variables remain constant.”

    Get In Touch

    Address
    9/200 Victoria Road,
    Drummoyne NSW 2047
    Phone
    1300 520 121
    Email
    info@landlinkvaluations.com.au
    Obtain a Quote