General
  1. TelferYoung (Waikato) Limited is an independent company of Registered Valuers and Building Surveyors that provide property valuation and advisory services.
  2. By engaging our services, you agree to be bound by these Standard Terms of Engagement.
  3. The Report is prepared on the basis that you have provided us with a full and frank disclosure of all information and other material facts which may affect the preparation of the Report. We accept no responsibility or liability whatsoever unless such full disclosure has been made to us.
  4. Unless stated otherwise, the Report will be written for the stated purpose alone. We do not purport to provide a site or structural survey in respect of the property/properties, or determine the ‘earthquake-prone’ status of the building/buildings, nor do we purport to be suitably qualified to provide professional advice in respect of building or site contamination. The Report will be completed subject to the land and buildings being stable and free from contamination.
  5. In preparing the Report, we assume all Territorial Local Authority building codes, regulations and by-laws have been complied with, including all matters relevant to the Resource Management Act 1991, the Building Act 2004 and the Historic Places Trust registration, unless otherwise stated. For any new construction it is assumed that a Code Compliance Certificate is obtained at the completion of that work and any new work is completed strictly in accordance with the relevant product manufacturer’s instructions and meets all requirements of the Building Code, in accordance with the Building Act 2004. Our report will be conditional upon there being no adverse or beneficial information recorded on a Territorial Local Authority property file. For any buildings subject to the requirement of obtaining an engineer’s Initial Evaluation Performance (IEP) report or which require structural upgrading, demolition, or other steps to be taken for the building to meet the requirements of Local Territorial Authority ‘earthquake-prone’ building policies (Earthquake-Prone Building Policies), this information must be provided to us including all engineering reports, cost estimates and the estimated timeframes for completing any work which is deemed necessary to meet Earthquake-Prone Building Policies. Our Report will be completed contingent upon receipt of this information.

  6. Fees and Disbursements
  7. Any estimate or quotation for the preparation of the Report is valid for 30 working days, commencing on the date it is received by you. We reserve the right to amend any estimate or quotation upon the expiry of this 30 working day period.
  8. All fees and disbursements, including travel and other reasonable costs incurred by us in preparing the Report, shall be fully recoverable from you as and when it was incurred.
  9. We reserve the right to submit interim invoices for our fees and disbursements incurred in preparing the Report, where it is considered necessary to do so.
  10. Payment is required prior to release of report unless an alternative basis of payment has been agreed to in writing.
  11. TelferYoung (Waikato) Limited reserve the right to charge interest on overdue accounts greater than 30 days. Any such penalty interest will be calculated and charged weekly in arrears at the rate of 10% per annum. TelferYoung further reserve the absolute right to pass on additional collection costs incurred in recovering overdue amounts and / or withdraw services until any outstanding fees are paid in full.
  12. If you have engaged us via an agent, you and the agent shall be jointly and severally liable for payment of all accounts owed to us.

  13. Liability
  14. In preparing the Report, we shall exercise the degree of skill, care and diligence normally expected of a competent professional. Whilst every effort has been 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.
  15. You agree to indemnify us against any action, claim, proceeding, demand, damages, loss, liability, cost, or expense which we may suffer or incur arising out of, or connected with, preparing the Report, except to the extent that such a claim is caused or contributed directly by our own negligence.
  16. Unless otherwise agreed in writing, our liability to you under the Report, shall be limited to five times the fee under this Contract.
  17. The Report will be provided solely for the use of the client named on the Report. We do not accept responsibility to any other party. Services Provided
  18. Our services under this Contract are supplied for business purposes in accordance with the Consumer Guarantees Act 1993.

  19. Dispute
  20. If there is a dispute between the parties about any matter arising under this Contract or about the preparation of our Report, both parties agree to meet in good faith, and in the first instance to use their best endeavours to resolve the dispute between themselves. In the event that the dispute cannot be resolved by the parties within a reasonable time, the parties must consider whether the dispute can be resolved by use of mediation or other resolution technique. If the dispute is not resolved via mediation then either party may refer the dispute to arbitration by a sole arbitrator under the Arbitration Act 1996. Publication
  21. Neither the whole, nor any part of our Report may be referred to, reproduced or included in any published document, circular or statement without our written approval.

  22. Termination
  23. You may terminate this Contract at any time by written notice to us. As soon as this notice is received, we shall stop performing our services. Termination of this Contract shall not prejudice or affect the accrued rights or claims and liabilities of either party to this Contract.
  24. If you terminate this Contract, or we terminate this Contract because you have breached it, then you are liable to pay us for the extent of work undertaken at the date of termination.

  25. Privacy
  26. Any personal information collected and held by us will be used for purposes related to preparing the Report. Under the Privacy Act 1993, you have the right to access and correct any personal information that we hold about you.

  27. Date of Survey
  28. Unless otherwise stated, the effective date of the survey is the date of the inspection of the property. This survey is current as at the date of survey only.
  29. Without limiting the generality of the above comment, we do not assume any responsibility or accept any liability where this report is relied upon after the expiration of 90 days from the date of the survey, or such earlier date if you become aware of any factors that have any effect on the survey.