Terms & Conditions

CONSULTANCY CONTRACT AGREEMENT – PROPERTY ASSESSMENT

(Offer & Acceptance, Valuable Consideration, Acknowledgment and Instructions apply here.)

(Definition: Offer and Acceptance; analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Agreement consists of an offer by an indication of one person (the "offeror") to another (the "offeree") of the offeror's willingness to enter into a contract on certain terms without further negotiations.

A contract is said to come into existence when acceptance of an offer (agreement to the terms in it) has been communicated to the offeror by the offeree and there has been consideration bargained-for induced by promises or a promise, associated costs and performance.)

(Definition: Valuable Consideration; it is very important that the Client has had time to consider and deliberate what it is you, the consultant, is about to carry out for them as per their instructions. The benefit of carrying out this work is confirmed for example if Credit Card details are provided or an agreement is entered into for payment prior to the consultancy works.)

(Definition: Instructions; the Client has given verbal or written directions to carry out this consultancy work on their behalf.

(Definition: Acknowledgment; I agree to contact the Consultant once I have read and understood this contract agreement or the consultant will contact me.)

YOU, THE CLIENT, ACKNOWLEDGE & AGREE TO THE FOLLOWING TERMS & CONDITIONS OF THIS CONSULTANCY CONTRACT AGREEMENT

1. •Provide answers to any issues and concerns found,

•Provide an acknowledge document at the end of the consultancy recording what was seen, and an official document within 24 hours of the consultancy,

•Provide renovation advice if applicable and within the consultants area of expertise {Property building defect assessment only},

•Remain available for a period of 12 months after the date of this agreement,

2.This property consultancy is an on-site visual condition assessment {Property defects or Timber Pest or both, depending on service requested} with the client {upon completion of the consultant’s assessment} where practical and to provide an opinion on the issues the property may have at the date and time of this consultancy.

The assessment Is not intended to include rigorous assessment of all building elements in a property. The property assessment is NOT a certificate of compliance of the property within the requirements of any Act, Regulation, Ordinance, Local law or By-law and is NOT a warranty against problems developing or future termite attack with the building in the future.

3.Safe and OH&S applicable access only will be achieved to the site being assessed by both parties.

4.As required we will access The Exterior, The Site and The Interior, only. We will access the Roof void and sub floor space as per the below conditions.

5.Access to areas of the Roof Space and any Sub Floor areas (if applicable) will be assessed by the consultant only, then if issues are found they will be discussed on-site. Subject to OH&S and Safe Work Australia Legislation.

6.Sub floor areas with clearances of less than 700mm to the lowest section of the structure or wet and muddy will not be assessed in compliance with OH&S and Safe Work Australia confined space regulations and will be deemed excluded from and do not form part of the assessment.

7.Roof void section with less than 1metre clearance will not be accessed and the assessment will be performed from the manhole only.

8.Roof void manholes must be a minimum of 600mm x 600mm and with clear and clean access for a ladder to access the manhole. Manholes that do not have clear and clean access on the day of inspection will not be accessed.

9.Exterior roof constructed from cement tiles, terracotta tiles, shingles or any covering that can be damaged by walking on will be assessed from the gutterline only.

10.Exterior roof that cannot be accessed by a 3.6metre ladder to the gutterline will be assessed from the ground only.

11.Areas where reasonable entry is denied to the consultant or where reasonable access is not available or areas obstructed, are excluded from and do not form part of the assessment.

12.The consultant will be released from all liability and tort whatsoever in relation to any concealed or obstructed termite damage or activity to a property where the activity/damage is not visible at the time of inspection.

13.The age and era of the site and property has a large part in how the property has been maintained, if at all.

14.Strata Title Properties- Only the immediate areas of the mentioned Strata Property will be assessed. The common area and grounds of the Strata complex will NOT be assessed. It is the responsibility of the client or the client’s legal representative to access and inspect the strata records and files.

15.Cracking to building elements must be assessed by a Structural Engineer’s further appraisal, if applicable.

16.The consultant will not conduct any invasive works, unless Written instructions are provided by the property owners.

17.At such consultancy we DO NOT & WILL NOT check inside of walls, inside flat roofing, behind any stored goods in cupboards, wall hangings, behind heavy furnishings, behind foliage and other areas that are obstructed by any nature at the date and timing of our on-site consultancy.

18.We DO NOT consult on any of the following construction products being, Asbestos, Lead Paints, PVA and or Urea Formaldehyde or Solar system installations.

19.Electrical appliances are outside of this assessment and will not be assessed as part of the property assessment.

20.Swimming pool compliance is not covered in this assessment as swimming pools require a specialised consultant to issue a compliance certificate. Client must contact local council for certificate of compliance.

21.Waste water/septic systems are not tested as part of this assessment, it is the clients responsibility to request council issue a CURRENT certificate of compliance.

22.Estimates for found building rectification works are provided as part of the consultancy process only if within the areas of expertise of the consultant. The client must not rely on the estimates given by the consultant as they are only a guide. It is the clients responsibility to obtain independent quotes from licensed associated trades for all rectification works.

23.When a property is occupied, we bring your attention to be aware that furnishings and other belongings will conceal evidence of other issues including termite damage once this property has been vacated.

24.When a property is vacant, we bring your attention to be aware that some issues/defects may not be evident at the time of assessment due to lack of use. Eg: Shower leaks, water leaks etc

25.We will make available other types of trades for areas out of our expertise during our assessment process to which you acknowledge if applicable to our findings. Additional fees may apply for other trades.

26.NOTE: Once rectification works are advised in our findings such works will be required to be carried out immediately or within the time frame applicable to the properties new owners. In the case of active termites, immediate treatment MUST be performed.

27. DISCLAIMER 1: No Liability shall be accepted on an account of failure to access the areas of the subject property that are physically inaccessible/obstructed/denied. No liability shall be accepted in regards to termite activity or damage or entry points where the termite activity or damage is concealed or obstructed or to areas of the property that are physically inaccessible or denied.

28. DISCLAIMER 2: DISCLAIMER OF LIABILITY TO ANY THIRD PARTIES: We will not be liable for any loss, damage, cost or expense, whatsoever, suffered or incurred by any person other than you the client in connection with the use of this consultants assessment. The only Person to whom we may be liable and to whom losses arising in contract or tort sustained may be payable by us, is the Client named on the face page of this contract agreement.

29. LIABILITY: This stems only for the dates and timing of the on-site consultancy only.

30.This consultancy is not of a Structural nature, therefore should you require any advice of a structural nature you should contact a Structural Engineer to have a further assessment carried out as required.

31.This consultancy is not a certificate of compliance. Should a certificate of compliance be required the client must engage a licensed building certifier or local council.

32.We will not be liable for any third party loss or damage suffered by any Person other than you in connection with this consultancy assessment. We are released from any claims or further actions, damages or loss whatsoever if the assessment is to be used by another person or entity without our written permission to do so.

33.The extent of accessible areas shall only be determined on-site by both parties at the date and time of the on-site consultancy and based on the conditions encountered at that time. Both the consultant and the client shall determine whether sufficient space is available to allow safe and reasonable access as and where required. The consultants decision will be final.

34.We invite you to stay in contact with the consultant so any implications or unresolved issues can be explained within the areas of expertise of the consultant.

35.You, the Client may need to have any misunderstood issue or issues fully explained to you prior to making any decision on this property. Best to put all issues requiring explanation in an email format to the consultant so a chronology is developed on a Question and Answer basis.

36.CONCILIATION PROCEDURE:

In the event a dispute arises out of and is related to the Consultant, you must notify them as soon as possible of the dispute by email or phone.

You must allow time to assess each alleged issue or re-visit the property together (which a visit must occur within twenty-eight (28) days of your notification to us) and give us full access in order that we may fully investigate the alleged complaint.

You will be provided with a written response to your alleged dispute.

If you are not satisfied with our response you must within twenty-eight (28) days of your receipt of our written response refer the matter to a Mediator or Conciliator nominated by us.

Such fees will be borne equally by both parties unless otherwise agreed. Each party will pay their own costs of the mediation or conciliation, however, the mediation or conciliation will only be conducted in the absence of any legal representatives, unless otherwise agreed.

The Onus of Proof in law, is upon the prosecution; therefore the applicant or plaintiff must first prove any negligence from any previous property consultancy issues related only to the date and timing of the original on-site consulting.

The mediation or Conciliation will be confidential and any statement made or document prepared for or disclosed, other than a binding settlement agreement, will be without prejudice. A final settlement agreement will be binding, in writing and signed by all parties.

I/We understand that A1 Property Consultancy will not proceed until an invoice is issued and I/We have paid the invoice in full prior to commencement of the proposed on-site assessment.

Please note in relation to:

MINOR DEFECTS: it is neither intended or expected that the assessment will include details of ALL specific minor defects. The assessment shall describe the overall extent of minor defects. The consultant is not required to comment on individual minor defects and imperfections. MAJOR DEFECTS ONLY WILL BE REPORTED.

CLIENTS ONSITE: we do not allow the client to follow us onsite whilst the assessment is being undertaken. This is relevant to our liability insurance, and the risk of distraction. We recommend you wait to obtain the full written report, and once read – if you have any questions, organise a call with the consultant.

By submitting this Consultancy Contract Agreement you the Client fully accept the offer of contract and acknowledge that you have read and fully understand the terms and conditions of the consultancy contract.