Terms of Engagement
Terms of Engagement – Easement Valuations
Acceptance of Terms
By engaging Easement Valuations and utilising our services, you acknowledge that you have read, understood, and agreed to these Terms of Engagement. If you do not agree to these terms, either fully or partially, you must notify us immediately and discontinue the use of our services.
Purpose of Valuation
Our valuation reports are prepared strictly for the purpose stated in your written instructions. They are not suitable for mortgage or lending security purposes, and we accept no responsibility if they are used for any other purposes.
Validity Period
Each valuation reflects the market conditions as of the date specified in the report and remains valid for three (3) months. We do not provide assurances regarding future market movements.
Confidentiality and Usage
Our valuation reports are confidential and intended solely for the client who has engaged our services. They must not be reproduced, shared, or relied upon by any third party without prior written consent from Easement Valuations.
Reliance and Interpretation
The complete report, including appendices and disclaimers, must be read in its entirety. Easement Valuations does not accept responsibility for any misinterpretation or misuse by unauthorised parties.
Market Conditions Disclaimer
Property values are influenced by changing market conditions and local factors. We are not liable for any variation in property value after the date of inspection or report delivery.
Conflict of Interest
To the best of our knowledge, no conflicts of interest exist regarding the property or parties involved in this valuation engagement.
Indemnity
The client and any authorised users of the valuation report agree to indemnify Easement Valuations, its directors, employees, and contractors against any claims, losses, or legal proceedings arising from the use or reliance on the valuation.
Limitation of Liability
Our liability is strictly limited to the amount paid for the valuation service. We are not liable for any indirect or consequential loss unless caused by proven fraud or willful misconduct.
Client Disclosure
Clients must provide accurate and complete information relevant to the valuation. Easement Valuations relies on this data in good faith and will not be held responsible for errors caused by incomplete or incorrect information provided.
Limited Liability Scheme
Our services are delivered under a limited liability scheme approved under Professional Standards Legislation.
Amendments to Terms
These terms may be amended without prior notice. Material updates, where applicable, will be communicated in writing or posted on our website.
Governing Law
These terms are governed by the laws of New South Wales, Australia. Any disputes will be handled under the exclusive jurisdiction of the NSW courts.
Statements on Future Values
Any references to projected market trends or future values are indicative only and do not constitute guarantees.
Turnaround and Delivery
Typical turnaround times range from 2 to 10 business days, depending on the property type and accessibility. Reports are delivered in PDF format via email. Printed hard copies are available at $250 + GST, with additional copies charged at $50 + GST each.
Cancellation Policy
A cancellation fee of 50% applies after engagement confirmation. A 100% fee applies if cancellation occurs post-inspection. Partial or draft reports are not provided for cancelled engagements.
Legal Appearances
For court, tribunal, or mediation appearances, charges apply at $550 per hour (inclusive of GST), with a minimum booking of four hours per day.
Additional Services
Preparation of supplementary documents or participation in phone consultations is billed at $550 per hour (inclusive of GST).
Payment Terms
Full payment is required prior to scheduling any property inspection. Invoices are issued once a formal valuation request is received.
Overdue Payments
Overdue invoices incur interest at 30% per month. Clients are responsible for any recovery, legal, or enforcement costs.
Valuer Interest Declaration
Easement Valuations and its representatives declare no financial or personal interest in the subject property.
Copyright and Intellectual Property
All valuation reports remain the intellectual property of Easement Valuations. Any unauthorised reproduction, distribution, or disclosure is strictly prohibited.
Valuation Basis
Our reports are prepared on one of the following bases:
- “As Is” Market Value
- “As If Complete” Hypothetical Market Value based on supplied plans or specifications
Definitions
Market Value
“The estimated amount for which an asset should exchange on the valuation date between a willing buyer and seller in an arm’s length transaction, after proper marketing, with both parties acting knowledgeably, prudently, and without compulsion.”
— Australian Property Institute (API)
Market Rental Value
“The estimated amount for which an interest in real property should be leased on the valuation date between a willing lessor and lessee, under proper marketing, with both parties acting knowledgeably, prudently, and without compulsion.”
Valuation Uncertainty
“The possibility that the valuer’s opinion of Market Value may differ from the actual price achieved, assuming market conditions remain unchanged.”
— International Valuation Standards (IVS)
