1. Acceptance of Terms

By engaging the services of Capital Gains Tax Valuers, you confirm that you have read, understood, and accepted these Terms of Engagement in their entirety.
If you do not agree to any part of these terms, you must inform us immediately and refrain from using our services.

2. Purpose of Valuation

All valuation reports are prepared solely for the purpose outlined in your formal instructions.
They are not valid for mortgage or lending security purposes, and we accept no liability for misuse beyond the agreed scope.

3. Validity Period

Each valuation reflects market conditions as at the specified date in the report and is considered valid for up to three (3) months.
We do not offer projections or guarantees regarding future market trends.

4. Confidentiality & Use

Valuation reports are strictly confidential and intended solely for the client commissioning the service.
They may not be reproduced, shared, published, or relied upon by any third party without our prior written consent.

5. Reliance on the Full Report

The report, including appendices, notes, and disclaimers, must be read in its entirety.
We are not liable for any misinterpretation or reliance on partial content.

6. Market Conditions Disclaimer

Real property values are affected by changing market conditions and site-specific factors.
We are not responsible for any value fluctuations that occur after the date of the valuation or report issuance.

7. Conflict of Interest

To the best of our knowledge, there is no conflict of interest relating to the property, parties, or engagement.

8. Indemnity

Clients and authorised recipients agree to indemnify Capital Gains Tax Valuers, including our staff, directors, and subcontractors, against any claims, losses, or legal proceedings arising from the use or interpretation of the valuation.

9. Limitation of Liability

Our total liability is limited to the fee paid for the valuation service.
We are not responsible for indirect or consequential loss (including loss of profits), except where proven fraudulent or intentionally misleading conduct has occurred.

10. Client Responsibilities

You are responsible for supplying complete and accurate information relevant to the valuation.
We rely on this information in good faith and are not liable for conclusions based on incorrect or incomplete data.

11. Limited Liability Scheme

Our professional liability is governed by a scheme approved under the Professional Standards Legislation.

12. Amendments

We reserve the right to modify these Terms of Engagement without prior notice.
Where applicable, updated terms will be shared in writing or made available on our website.

13. Governing Law

These terms are governed by the laws of New South Wales, Australia.
Any disputes are subject to the exclusive jurisdiction of the NSW courts.

14. Future Value Statements

Any statements related to future property values are projections only and are not to be considered guarantees.

15. Turnaround & Delivery

• Typical turnaround time: 2–10 business days, depending on property type and access.
• Reports are delivered electronically in PDF format.
• Printed original: $250 + GST per copy.
• Additional printed copies: $50 + GST each.

16. Cancellation Policy

• 50% cancellation fee applies after confirmation of engagement.
• 100% fee applies once the site inspection has been completed.
• No draft or partial reports are issued for cancelled engagements.

17. Court or Tribunal Attendance

Court appearance or tribunal representation is charged at $550/hour (incl. GST), with a minimum daily charge of 4 hours.

18. Additional Services

Additional documentation, phone consultations, or third-party liaison are charged at $550/hour (incl. GST).

19. Payment Terms

Full payment is required prior to scheduling any site inspections.
Invoices are issued upon formal request for service.

20. Overdue Accounts

Interest of 30% per month applies to overdue invoices.
Clients are also liable for any associated recovery or legal costs.

21. Valuer Declaration

Capital Gains Tax Valuers and its representatives confirm they hold no financial or personal interest in the subject property.

22. Copyright & Intellectual Property

All valuation content remains the intellectual property of Capital Gains Tax Valuers.
Unauthorised copying, sharing, or publishing is strictly prohibited.

23. Basis of Valuation

Reports are issued on either:

• “As Is” Market Value, or
• “As If Complete” Hypothetical Market Value, based on approved plans or specifications.

24. Definitions

Market Value

“The estimated amount for which an asset should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction, after proper marketing, with both parties acting knowledgeably, prudently and without compulsion.”
— Australian Property Institute (API)

Market Rental Value

“The estimated amount for which a property interest should lease on the valuation date between a willing lessor and lessee, following proper marketing, with both parties acting knowledgeably, prudently and without compulsion.”

Valuation Uncertainty

“The risk that a valuer’s opinion of value may differ from the price that might be achieved in a transaction, even under similar market conditions.”
— International Valuation Standards (IVS)