Attwell Valuers Ltd - Terms of Engagement - Commercial
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INFORMATION FOR CLIENTS - Your instructions to complete the valuation confirm your acceptance of these Terms, as they relate to the property being valued:
Obligations of the Valuer
1.Attwell Valuers Ltd undertakes to perform the services using reasonable skill, care and diligence subject to any financial, physical, time or other restraints imposed by the Client or necessarily resulting from the nature of the project.
Obligations of the Client
2.The Client shall provide to Attwell Valuers Ltd, free of cost, as soon as practicable following request, all information which is within the Client’s power to obtain.
3.The client must co-operate with Attwell Valuers Ltd and not obstruct the proper performance of the Services, including allowing Attwell Valuers Ltd reasonable access to the site and other locations associated with the Service.
4.As soon as the Client becomes aware of anything that will materially affect the scope or timing of the Service, the Client must inform Attwell Valuers Ltd in writing.
Payment
5. All fee estimates supplied to the Client by Attwell Valuers Ltd will be provided based on the request by the Client for work to be carried out and as detailed within the written estimate/quote. Any work or Services provided outside the original contract or quote, not originally detailed in the quote or contract, will be completed and invoiced separately after discussion and agreement with the Client.
6. Upon request from Attwell Valuers Ltd the Client shall immediately pay to Attwell Valuers Ltd all disbursements and external expenses incurred, paid or payable by Attwell Valuers Ltd on behalf of the Client.
7. Attwell Valuers Ltd may charge the Client, generally by way of monthly progress claims, on the agreed fee basis, or if no basis of charging has been agreed, Attwell Valuers Ltd may charge the Client the fee on completion of the work. Attwell Valuers Ltd may also render interim fee accounts.
8.The Client shall pay the invoiced amounts in full not later than the 20th day of the month following the month in which a tax invoice for the Service is rendered to the Client by Attwell Valuers Ltd. If any account is in dispute, the undisputed portion of the account shall be payable in accordance with the normal terms of payment as described herein. Payment of the disputed portion may be withheld provided the matter is brought to Attwell Valuers Ltd attention as soon as it is discovered. A letter of explanation setting out the particulars of this dispute shall be sent to Attwell Valuers Ltd within 7 days of the dispute arising. If agreement between the Parties cannot be reached, the matter will proceed to the Disputes Tribunal.
9. If any payment is overdue by 14 days or more Attwell Valuers Ltd may demand payment within 7 days. If the Client does not pay within 7 days Attwell Valuers Ltd does not have to supply any further services, and the fee dispute will proceed to the Disputes Tribunal.
10.If any payment is not made as provided above, without prejudice to any other rights and remedies Attwell Valuers Ltd may have in respect of recovery of the unpaid amounts, the amount or amounts unpaid shall be liable to carry interest from the original due date to the date of payment, at a rate equal to 2% pa above Attwell Valuers Ltd overdraft rate.
11.The Client shall pay all costs, expenses and charges, including legal costs (on a solicitor and own client basis) that are incurred by Attwell Valuers Ltd in recovering any money owing to it by the Client.
Liability and Insurance
12.Notwithstanding any other provisions of this agreement the liability of this firm for damages or losses (in contract or otherwise, including negligence) in any way connected with the service or project is the lesser of five times the value of the fees or $100,000. In addition liability is restricted to direct loss or damage.
13. In preparing the report, Attwell Valuers Ltd shall exercise the degree of skill, care and diligence normally expected of a competent professional. Whilst every effort will be made to ensure the accuracy of the opinions, information and forecasts expressed in the report, no liability is accepted for any incorrect statement, information or forecast within.
14.The report will be provided solely for the use of the client named on the report. Attwell Valuers Ltd does not accept responsibility to any other party.
14A. Attwell Valuers Ltd has not and will not during the term of this Agreement or at any time after it, assume any obligation as the Client’s Agent or otherwise which may be imposed upon the Client from time to time pursuant to the Health and Safety in Employment Act 1992 (“the Act”) arising out of the engagement. The Consultant and the Client agree that, for the purpose of the Act, the Consultant will not be the person who controls the place of work in terms of the Act.
14B. As our services do not extend to the identification of structural issues or the presence of “Leaky Building Syndrome”, we advise clients to take separate professional advice on these matters.
Variations
15.The Client may request variations to the Service in writing and may require Attwell Valuers Ltd to make proposals for variation to the Service which could include a variation to the fees for the Service if necessary.
Copyright of Documents
16. Attwell Valuers Ltd shall retain copyright of all documents it has prepared. The Client shall be entitled to use them or copy them for the purposes of the project. The ownership of data and factual information collected by Attwell Valuers Ltd and paid for by the Client, shall, after payment by the Client lie with the Client. The Client shall have no right to use any of the documents where any or all of the fees and expenses payable to Attwell Valuers Ltd have not been paid in accordance with this agreement.
Consumers Guarantees Act
17. If the Client is obtaining the Service for business purposes the provisions of the Consumer Guarantees Act 1993 are excluded in relation to that service. If the Client is not obtaining the Services for business purposes then to the extent that any provision in this agreement is inconsistent with the Consumers Guarantees Act, the provisions of the Act will prevail.
Personal Information
18.The Client authorises Attwell Valuers Ltd to collect, retain and use personal information about the Client including the information contained in this agreement for the purposes of assessing the Client’s credit worthiness, administering Attwell Valuers Ltd rights against the Client or marketing any Services provided by Attwell Valuers Ltd. The Client may request access to and correction of any personal information and Attwell Valuers Ltd will comply with its obligations under the Privacy Act 1993.
Force Majeure
19. Neither Attwell Valuers Ltd nor the Client will be liable for any act, omission or failure under this agreement (except failure to meet an obligation to pay money) if that act, omission or failure arises directly from a force majeure event (being circumstances beyond the reasonable control of the party concerned, including, without limitation, extreme weather conditions, civil disruption or industry wide industrial action).
