Standard Terms and Conditions of Business
1.1 Terms – These terms apply to the Services you have engaged us to provide under the attached Proposal. These terms together with the Proposal form the entire Agreement on real estate inspection and reporting services between you and us. If anything in these terms is inconsistent with the Proposal, these terms take precedence, unless the Proposal specifically amends any of them.
1.2 Acceptance – You may accept by: (i) giving us instructions after receiving this document; or (ii) confirming your acceptance via phone or email.
1.3 Commencement – The Agreement will start on the commencement of the Services.
1.4 Engagement – The Services will be carried out on an ad hoc basis as and when requested by you. Each time you engage us to provide Services, it is a separate contract between you and us, governed by this Agreement.
2.1 Services – We will perform the Services with reasonable skill and care. You confirm that the scope is sufficient for your purpose. The Services (including Reports) are provided solely for (i) your internal business purposes; and (ii) any purpose set out in the Proposal or the relevant Report.
2.2 Reports – You may not disclose a Report or make the benefit of the Services available to anyone other than the property owner.
2.3 Property and access– We require free and unrestricted access to the property to complete the Services. If we are denied access to the property while on site, including, denial of entry by the tenant, or the keys provided do not work, we will (a) contact you to advise of the situation. We will provide a 10 minute grace period if we do not hear from you, before leaving the property and will email you advising of the situation, and (b) we will charge a $40.00 call out fee.
2.4 Completion – Any date or time quoted for delivery and completion of the Services is an estimate. We will endeavour to complete the Services in the time required by you. We will not be liable for any delay or failure to deliver the Service or Reports as a result of any matter
outside our control, or any loss or damage you may suffer as a result.
2.5 Regulations – All Services will comply with applicable building laws, regulations and licensing requirements in force at the time the Services are rendered. You are responsible for the health and safety of the property unless otherwise set out in any law or regulation.
2.6 Changes – Either we or you may request a change to the Services or the Agreement. A change will be effective only when agreed in writing, including any variation to the fees.
2.7 Monitoring – We shall not monitor the condition of any property or update our Reports in relation to any change in the property condition that occur after the date of the Services provided.
2.8 Security – We are not responsible for securing any items in a property or any damage that occurs to the premises, unless it was caused by us and reported within 24 hours of the alleged damage occurring. Properties will be left locked in the same way they were found upon entry.
3. Your responsibilities
3.1 Your obligations – In order for us to perform the Services, you must ensure that the Services (i) can be completed without interruption, (ii) in a continuous manner, (iii) on the agreed time and dates and (iv) and information that is given to us is accurate and prompt.
3.2 Health and safety – You will inform us of (i) all general and specific safety requirements as and when they arise, in relation to the property; and (ii) any incident or potential hazard that may cause harm to us or our personnel.
3.3 Your obligations – Our performance depends on you performing your obligations under the Agreement. We are not liable for any loss arising from you not fulfilling your obligations.
4.1 Payment for Services – You will make payment for all Services and Reports in accordance with the Proposal, or our updated price list that has been provided to you from time to time..
4.2 Invoices and payment – Unless otherwise provided in the Proposal all invoices are payable within 14
calendar days of the date of the invoice. If you do not pay an invoice on time we may charge you interest at the rate set by law.
4.3 Travel Fee – Where we are required to provide Services which are more than 30km from your business premises, a travel of $7.00(ex GST) will be charged.
4.4 Taxes – You will also pay any taxes, including GST, that are due in relation to our Reports and Services. You will pay us the full amount of any invoice, regardless of any deduction that you are required by law to make.
4.7 – Larger properties – Where we are instructed to carry out Services for any large or rural property or any land over 1000 square metres, we will charge a large property fee to account for the extra time spent conducting the Services. An estimated quote may be provided before inspecting the property.
5.1 Confidential information – We and you agree to use each other’s confidential information only in relation to the Services, and not to disclose it without prior written consent, except where required by law or regulation. However, we may give confidential information to relevant subcontractors or service providers as long as they are bound by confidentiality obligations. The above will not apply to information which (i) is publicly available, or (ii) has been received from someone else who owes no duty of confidence in relation to it, or (iii) was already known by the receiving party.
5.2 Referring to you and the Services – We may wish to refer to you and the Services we have performed for you when marketing our Services, we and they may also wish to use your company logo when citing our experience in proposal documents.
5.3 Performing Services for others – You agree that we may perform Services for your competitors or other parties whose interests may conflict with yours, as long as we do not disclose your confidential information.
6 Intellectual property rights
We will own the intellectual property rights in the Reports and any materials created under the Agreement, and you will have a non-exclusive, non-transferable license to use the Reports for your own internal business purposes.
7. Data protection
7.1 Personal data – Both parties will comply with the Privacy Laws in relation to any Personal Information shared with us under this Agreement.
8.1 Specific types of loss – You agree that we will not be liable for (i) loss or corruption of data, (ii) loss of profit, goodwill, business opportunity, anticipated savings or benefits or (iii) indirect or consequential loss.
8.2 Our liability – You agree that we will be liable only when we are at fault for our actions or omissions. Our total liability for all claims connected with the Services, the Agreement or any indemnity (including but not limited to negligence) is limited to the fees payable (excluding GST) under the Agreement in the twelve (12) month period preceding the date of the incident giving rise to the liability.
8.3 Unlimited Liability – Nothing in the Agreement will limit a person’s liability for: (a) death or personal injury caused by that person’s negligence; (b) that person’s fraud; or (c) anything else that cannot be limited by law.
8.4 Third Party Suppliers – We may use suppliers or subcontractors to provide the Services. We remain solely responsible for the Services.
9 Cancellation and Termination
9.1 Policy – You may cancel any booking for Services, up to 24 hours before the scheduled appointment. Any cancellations within a 24 hour period may be subject to a cancellation fee.
9.2 Immediate notice – Either we or you may end the Agreement immediately by giving written notice to the other if (i) the other materially breaches it and does not remedy the breach within 5 business days upon receipt of a notice, (ii) the other is or appears likely to be unable to pay its debts or becomes insolvent or (iii) the performance of the Agreement may breach a legal requirement.
9.3 Fees payable on termination – You agree to pay us for all Services we perform up to the date of termination. Any fees payable in advance will be non-refundable.
10 Complaints and dispute resolution
10.1 Complaints – We are committed to providing a high standard of service. If You have any concerns or are dissatisfied with the Service and wish to raise a complaint, then please submit your complaint through our
‘Contact Us Form’ or email [email protected]. Any complaint submitted must include the following information at a minimum: (a) your name; (b) email address; (c) details of your concern or complaint; (d) details of what you would like us to do to resolve the matter; and (e) copies of any relevant correspondence.
10.2 Acknowledgement – We will provide you with an acknowledgement of your complaint within 3 business days of receipt. We will aim to resolve your complaint within 14 business days of receipt. If we are unable to address the complaint within 14 business days, then we will write to you to explain what is happening with your complaint.
10.3 Mediation – If a dispute arises, the parties will attempt to resolve it by mediation before commencing legal proceedings.
10.4 Law and jurisdiction – This Agreement shall be governed and construed by the laws of Western Australia, Australia. Both parties irrevocably submit to the exclusive jurisdiction of Western Australia.
11.1 Force majeure – No party will be liable to another if it fails to meet its obligations due to matters beyond its reasonable control, including but not limited to an act of god, strike or pandemic.
11.2 Entire agreement – The Agreement forms the entire agreement between the parties in relation to the Services. It replaces any earlier agreements, representations or discussions.
11.3 Your actions – Where you consist of more than one party, an act or omission of one party will be regarded as an act or omission of all.
11.4 Assignment – Unless the Agreement expressly provides otherwise, no party may assign, transfer or deal with their rights or obligations under the Agreement without the prior written consent of the other party. Such consent must not be unreasonably withheld.
11.5 Compliance with Law – You will comply with all applicable laws and regulations relevant to the receipt of the Services (including anti-bribery, anti-corruption, data protection sanctions and export laws and regulations).
11.6 Severability – Any provision of this Agreement which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of this Agreement.
11.7 Waiver – The failure or omission of a party at any time to enforce or require compliance with any provision of this Agreement or exercise any right, election or discretion under this Agreement shall not operate as a waiver of that right, election or discretion.
11.8 Survival – The provisions of the Agreement which expressly or by implication are intended to survive its termination or expiry will survive and continue to bind each of the parties including, but not limited to, 2, 4, 5, 6, 7, 8, 9.3, 10 and 11.
In this Agreement the following words and expressions have the meanings given to them below:
Agreement – these terms, any agreed service specific terms and the Proposal to which they relate;
GST – (a) GST has the same meaning as in the GST Law; (b) GST Law means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Personal Information – Personal Information as defined in the Privacy Act 1988 (Cth);
Privacy Law – (a) the Privacy Act 1988 (Cth);(b) any other applicable legislation, regulation or code affecting privacy or the collection, handling, storage, processing, use or disclosure of data in Australia;
property – means the residential and commercial properties we are instructed to attend and carry out Services for as and when required by you;
Proposal – Our offer to perform the Services for you, which contains our price list and is emailed to you with this Agreement;
Reports – any property related reports we provide to you from time to time;
Services – the specialist real estate inspection and report preparation services as set out in the Proposal;
we, us or our – refers to Lydia Madeline Elizabeth Walsh (ABN 95 659 305 929) trading as LME Property Reports;
you, your – the party or parties to this Agreement (excluding us)