Terms of Engagement
In accordance with Davies Batley Valuers policies, services will be provided solely for the purpose as described and for the use of the client named. Davies Batley does not take or accept any responsibility to any other party in respect of these services.
We do not purport to provide a site or structural survey, environmental audit or cultural heritage audit in respect of the property/properties to be valued, neither do we purport to be suitably qualified to provide professional advice in respect of services, contamination, earthquake resistance or weather tightness. We advise clients to take separate professional advice on these matters.
Valuation and consultancy services are provided on the basis that the client has provided Davies Batley with a full and frank disclosure of all information and other facts that may affect the valuation. We accept no responsibility or liability whatsoever for the valuation unless a full disclosure has been made.
The client must allow reasonable access to the site and other locations associated with the service.
The valuation will be completed or countersigned by a Registered Valuer who is competent to undertake the assignment and will provide an objective and unbiased valuation. The Valuer has no material connection or involvement with the subject of the valuation or the party commissioning the valuation that has not been disclosed.
The report will be provided in a suitable format for the purpose requested and in accordance with current IVS, NZIV and PINZ standards unless specifically requested otherwise.
The Valuer will adhere to accepted practice in carrying out the inspection of the property, recording data and undertaking market research commensurate with the type of valuation assignment being undertaken. This does not include a search of council records unless specifically requested.
If the Valuer is required to make any assumptions through restrictions on inspection, unavailability of data or information, these will be clearly stated in the report.
Neither the whole nor any part of the valuation report or any reference to the same, may be included in any published document, circular or statement without prior written approval as to the form and context in which it may appear.
All opinions of valuation expressed by Davies Batley or its employees are subject to our Statement of Valuation Policies and any conditions contained in our written report.
All accounts are payable prior to or upon collection of the report. Until payment is completed, the instructor remains liable for full payment together with interest at a rate of 1.5% per calendar month from the due date. The client shall pay all costs, expenses and charges, including legal costs [on a solicitor and own client basis] that are incurred by Davies Batley in recovering any money owed by the client.
If any account is in dispute, the undisputed portion of the account shall be payable in accordance with the normal terms of payment as described herein. Payment of the disputed portion may be withheld provided the matter is brought to Davies Batley Valuers attention as soon as it is discovered. A letter or email of explanation setting out the particulars of the dispute shall be sent to Davies Batley within 7 days of the dispute arising. If agreement between the Parties cannot be reached, the matter will proceed to the Disputes Tribunal.
Any quotations/estimates for the provision of valuation services is valid for ten [10] working days from its date.
Any personal information collected and held by us will be used for the purposes related to servicing the clients needs in respect of valuation and property services. Should the valuation be addressed to another party we may use information collected to undertake another or update the valuation for the party. Under the Privacy Act the client has the right of access to any personal formation that we hold.
Should the valuation be addressed to another party, the instructor and client consents to Davies Batley using information collected to undertake subsequent valuations for that party without reference to the instructor or clients.
Any cancellation of this valuation services contract is to be made in writing or by email. The client will be billed for time and expenses incurred in respect of the valuation prior to the receipt of notice.
Information obtained for the purpose of carrying out the valuation is required to be kept by Davies Batley for Insurance and compliance purposes and by agreeing to engage Davies Batley the client also agrees to the information being kept on file.
The report and valuation remains the property of Davies Batley until paid in full.