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Terms of Engagement
- All monies payable by the client to Albany Valuation Services - Opteon shall be paid within 7 working days of invoice. Should the fee be unpaid after the period of 7 working days Albany Valuation Services - Opteon will re-invoice the client for the full Scale Fee (under the Land Valuer's Licensing Remuneration Notice 1992). Further, should this debt be handed to a collection agency, all associated fees are payable by the debtor.
- If this valuation is for a Court of Law, requiring the attendance of a Valuer from Albany Valuation Services - Opteon as an Expert Witness, the client is to pay the Scale Fee as aforementioned, notwithstanding additional fees charged for the Valuer's time/costs involved.
- Copyright of all reports, calculations and other documents provided by Albany Valuation Services - Opteon shall remain the property of Albany Valuation Services - Opteon.
- By the Commencement of the Contaminated Sites Act 2003, a Public Register is now kept in Western Australia of land that has been classified as being either contaminated – remediation required; contaminated – restricted use or remediated for restricted use. In arriving at any assessment of the value of the land, a basic search of the Register will be required and the results of that search will be included in the valuation report. In addition to searching the Register we will undertake general enquiries on the use of the land. We will rely on the accuracy of the information provided by you for this purpose.
In event that a search of the Contaminated Sites Register reveals that the land is classified on the Register or we become aware of information that may otherwise affect the value of the Land, then it will be necessary to undertake a detailed search of the Register at a cost of $300.00 and or engage a suitably qualified expert in environmental matters to determine the precise nature of any contamination or possible contamination, its effect on the land and any costs of remediation or decontamination. We will advise you should the need arise to undertake a detailed search or engage an expert.
We do not accept any responsibility or liability whatsoever for the accuracy of the information obtained from any search of the Contaminated Sites Register.
Further, we do not accept any responsibility or liability for any loss or damage or for consequential loss or damage of any kind arising from our negligence or otherwise to your or any person in relation to the valuation of the land. This includes any loss or damage arising from our failure or omission to consider any factors which would affect the value of the land including but not limited to any possible environmental site contamination or any failure to comply with environmental legislation.
- Neither party may assign, transfer or sublet any obligations under this Agreement without the written consent of the other. Unless stated in writing to the contrary, no assignment, transfer or subletting shall release the assignor from any obligation under this Agreement.
- The Client is aware that due to Professional Indemnity Insurance constraints, Albany Valuation Services - Opteon cannot extend liability, reissue or confirm the initial valuation, three months from the date of valuation, without undertaking a re-inspection of the property and further investigation and analysis.
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