Standard Terms and Conditions of Business– Absolute Certified Equipment Appraisals and Business Pty Ltd

These standard terms and conditions are to be read with our Engagement Agreement with you (hereafter called the CLIENT) and apply to all services that we, or our associated or non associated entities (Absolute Certified Equipment Appraisals and Business Pty Ltd hereafter called the APPRAISER) perform for the CLIENT prior to final acceptance of the assignment by the APPRAISER and for any additional services the APPRAISER may provide to the CLIENT from time to time.

Together, the Engagement Agreement, these Terms and Conditions as well as the Scope of Services are called “THE AGREEMENT”.

Your Obligations
You will instruct the APPRAISER fully and, in a timely fashion, giving the APPRAISER all required information (as is ordinarily reasonably required to perform the Service/s). The APPRAISER is entitled to rely on the accuracy of that information without independently verifying it.

The CLIENT will provide (and designate to the assignment) all resources that are reasonably necessary to ensure timely approval and sign-off of all accounts and other deliverables.

Delays
When a particular assignment, task or instruction is to be completed within a specified timeframe, the APPRAISER will not be liable for any failure or delay in performing the Services if that failure or delay arises from anything beyond its control as determined by the appraiser at his/her absolute discretion at all times – including the untimely performance by you of your obligations. In addition, should a protracted delay occur, the APPRAISER is entitled to review its fees and/or terminate this agreement. Should the agreement terminate under these circumstances a full refund of all fee's paid will be made.

Payment and responsibility
The CLIENT agrees to pay the nominated fee/s prior to commencement of any services by the APPRAISER. No work will commence for the CLIENT until payment is received.

It is recognised that the APPRAISER may provide services to entities over which the CLIENT has or represent to have direct or indirect control or in which the CLIENT may have a direct or indirect beneficial interest ('Associated Entities").

The person completing the online request agrees to accept ultimate personal responsibility for payment of all fees payable by the CLIENT and/or Associated Entities, so as to guarantee payment by those Associated Entities.

Confidentiality
Both the APPRAISER and the CLIENT agree to take reasonable steps to maintain the confidentiality of any proprietary or confidential information of the other. If the CLIENT wishes to provide a third party with copies of the Appraisal report, then the APPRAISER reserves the right to set the terms on which those copies are given or used, or require the third party to enter into a direct relationship with the APPRAISER.

Indemnity for liability to third parties
You agree to indemnify the APPRAISER against all liabilities, claims, costs and expenses collectively referred to as “LOSS” (including any GST payable by the APPRAISER on amounts paid by you under this indemnity) incurred by the APPRAISER in respect of any claim by a third party which is related to, arises out of, or is in any way associated with this engagement. However, the indemnity does not apply to any Loss in respect of any matters which are determined to have resulted from the APPRAISER’S negligent, wrongful or wilful acts or omissions, breach of contract or breach of statutory obligations..

Contractual Limitation of Liability
Nothing in these Terms and Conditions excludes restricts or modifies the application of any statute, including the Trade Practices Act, where to do so would contravene that statute or cause the term to be void. These Terms and Conditions, the Engagement Letter and the Scope of Services, constitute the whole of the agreement covering our relationship, and the APPRAISER will not be liable for any statements, representations, or warranties (written or oral) which replicate the information provided by the CLIENT. All warranties which may otherwise be implied by statute, common law, or custom are (subject to clause 30) expressly excluded. The APPRAISER will not be liable to the CLIENT for any losses, claims, expenses, actions, demands, damages, liabilities or any other proceedings arising out of reliance on any information which the CLIENT supplies to the APPRAISER and which is determined to be false, misleading or incomplete.

Governing law and jurisdiction
All aspects of the Services and ‘The Agreement’ are governed by, and construed in accordance with, the laws of the state of Queensland, Australia. Both the CLIENT and the APPRAISER irrevocably submit to the exclusive jurisdiction of the Courts of the state of Queensland, Australia.

Severance
If any provision or part provision of ‘The Agreement’ is found to be illegal, unenforceable or otherwise invalid then, despite that invalidity: This agreement will remain in full force and effect; and that provision will be deemed to be deleted and substituted by a valid one which in its economic effect comes so close to the invalid provision that it can be reasonably assumed that the parties would have contracted also with this new provision.

Variation and survival
This agreement may be varied by written agreement of the parties. Provisions of this agreement that are capable of having effect will survive its termination.

Miscellaneous
The APPRAISER will provide the Services to the CLIENT as an independent contractor. Nothing shall be construed to create a partnership, joint venture or other relationship, including the creation of a fiduciary relationship or duty. No party has the right, power or authority to oblige or bind the other in any manner.

Parties to agreement
A reference to “the CLIENT” in this agreement includes the natural person completing this request for an appraisal report and any entity or commercial activity in which the CLIENT has or has represented to have direct or indirect control or a direct or indirect beneficial interest in.