"you" means the person or entity who orders and/or purchases Depreciation Apportionment Reports from Valuit Assets Appraisals, including an agent, and where there are two or more persons or entities, means them jointly and severally.
"Depreciation Apportionment Reports" means the property Depreciation Apportionment Reports and related services, e.g. apportionment reports performed by Valuit Assets Appraisals and its contractors.
These Terms of Trade ("the Terms") apply to all Depreciation Apportionment Reports performed by Valuit Assets Appraisals and replace any previous Terms issued by Valuit Assets Appraisals.
Access to Reports
You accept that Valuit Assets Appraisals depreciation apportionment reports will be made available to you electronically upon completion and receipt of payment.
Pricing and Payments
You will be advised by Valuit Assets Appraisals of the price for your requested report ("the apportionment") when speaking with a Valuit Assets Appraisals consultant or as agreed in advance.
The Apportionment Price is based on information provided to Valuit Assets Appraisals by you. Where any such information is inaccurate or any relevant information is omitted Valuit Assets Appraisals reserves the right to charge you for the additional amount which would have been payable had full disclosure been made.
An estimate as to the Apportionment Price is not binding on Valuit Assets Appraisals.
Payment for Depreciation Apportionment Reports will be required in full prior to releasing the Apportionment report.
If payment is not received within 60 days of notification, as required under these Terms, any discounts will no longer apply, payment in full will be required including any default interest that may be charged by Valuit Assets Appraisals at a rate equivalent to 3 percent per annum above Valuit Assets Appraisals's Banker's Commercial overdraft rate for the period during which the payment is overdue. In addition, you must indemnify Valuit Assets Appraisals for all debt recovery and legal costs on a solicitor and client basis it incurs as a result of the non-payment.
Failed Access Fee
Valuit Assets Appraisals incurs costs and loss of revenue when a Valuit Assets Appraisals professional cannot gain access to the inspection site at the booked time and according to the access instructions supplied with the booking. Under these circumstances Valuit Assets Appraisals may charge you a Failed Access Fee of $100 plus GST. This may be payable regardless of whether or not you choose to re-book or cancel the Apprtionment under these circumstances.
Consumer Guarantees Act 1993
You agree that where an Apportionment is being supplied for the purposes of a business the Consumer Guarantees Act 1993 will not apply.
Privacy Act 1993
All personal information that Valuit Assets Appraisals collects and holds about you, will be used for the purpose of providing you with services. You have the right of access to and correction of personal information that is held about you.
All statutory, express or implied warranties by Valuit Assets Appraisals including, without limitation, the implied warranties of merchantability and fitness for any particular purpose are expressly excluded (to the extent permitted by law).
Purpose of Reports
All reports provided by Valuit Assets Appraisals as part of apportionment services are provided for the stated purpose only, for the use of the addressee only.
Publishing of Reports
Reports provided by Valuit Assets Appraisals may not be referred to or published, in whole or in part, in any document, circular, statement or on the internet without the prior written consent of Valuit Assets Appraisals Ltd.
Extent of Advice and Services
In providing the Services the Valuit Assets Appraisals consultant shall exercise the degree of skill, care and diligence normally expected of a competent professional.
Our services do not extend to surveying work or identification of structural, leaky building or foundation/land stability issues. Clients should engage the service of a qualified surveyor, building inspector or geotechnical engineer for advice in these areas.
Client's Full Disclosure
Valuit Assets Appraisals provides depreciation apportionment services on the basis that the client has provided a full and correct disclosure of all information and circumstances that may affect the apportionment. Therefore Valuit Assets Appraisals accepts no liability in respect of an apportionment where full and correct disclosure has not been made by the client.
Limitation of liability
The liability of the consultant and/or Valuit Assets Appraisals in respect of all claims for loss, damage or injury arising from breach of any of their Valuit Assets Appraisals obligations in relation to any Depreciation Apportionment by Valuit Assets Appraisals or from any act or omission of the consultant Valuit Assets Appraisals is limited, in each case, to the lesser of:
repeating the Apportionment;
payment of the actual cost of repeating the Apportionment; and
the Apportionment Price.
The consultant will only be liable to the client, either by contract or in tort, for direct loss or damage suffered by the client as a result of a breach by the consultant of his or her obligations under this agreement.
Valuit Assets Appraisals shall not be liable for any direct or indirect loss or damage (including without limitation any form of financial loss (including loss of profits or savings) or for any indirect or consequential loss or damage of any kind), however caused, arising out of or in connection with the Depreciation apportionment by Valuit Assets Appraisals.
For the purposes of the Contracts (Privity) Act 1982 the directors, officers and employees of Valuit Assets Appraisals may rely on the provisions of clause 9.1
Every effort will be made to ensure the soundness and accuracy of the opinions, information, and forecasts expressed in the report. While we believe statements in the report are correct, no liability is accepted for any incorrect statement, information or forecast.
Neither the consultant or Valuit Assets Appraisals shall be considered liable for any loss or damage resulting from any occurrence unless a claim is formally made on him or her within six years from completion of services.
The consultant holds a policy of Professional Indemnity Insurance at a satisfactory level and undertakes to take all reasonable endeavors to maintain a similar policy of insurance for six years after completion of the services.
All intellectual property rights arising out of the Depreciation Apportionment Reports are and shall remain the property of Valuit Assets Appraisals.
No claim or liability will arise against Valuit Assets Appraisals under these Terms if and to the extent that Valuit Assets Appraisals's failure or omission to carry out or observe any provisions of these Terms arises by reason of Force Majeure.
"Force Majeure" means any event outside the reasonable control of Valuit Assets Appraisals and includes, without limitation, fires or other casualties or accidents, power outages, acts of God, strike and lockouts, severe weather conditions, delay in supply or materials or unavailability of materials, war or other violence, or the introduction of any law, order, regulation, demand or requirement of any governmental agency, software or server failure and inability to access or connect to the internet for any reason whatsoever.
Valuit Assets Appraisals's failure or delay to exercise or enforce any right it has under these Terms shall not operate as a waiver of Valuit Assets Appraisals's right to exercise or enforce such right or any other right in the future.
Any provision of these Terms that is held to be invalid or unenforceable for any reason shall be severed from, and shall not affect the remaining provisions of these Terms.
Valuit Assets Appraisals may, in its sole discretion, amend these Terms from time to time.
You agree to receive updates and news from Valuit Assets Appraisals by email.
These Terms set out the entire agreement between Valuit Assets Appraisals and you and supersedes all prior written or oral agreements, understanding or arrangements related to the provision of a Valuation by Valuit Assets Appraisals.
These Terms are governed by the laws of New Zealand and any dispute under it shall be subject to the exclusive jurisdiction of the courts of New Zealand.