Terms of service.

Thank you for engaging IValuer to complete an insurance valuation. IValuer is pleased to provide you with professional specialist valuation services.

These terms and conditions (“Terms”) apply with respect to all insurance valuation work carried out by IValuer for the person and/or entity named on the website insurance valuation form and requesting the valuation services (“the client” and “you”), except to the extend that IValuer agrees otherwise with you in writing. By making payment through to IValuer or Eyles McGough Valuers you confirm acceptance of these Terms.

IValuer (Eyles McGough Valuers) will supply the Client with an insurance valuation on the property described in the website insurance valuation request form or described in an emailed confirmation of acceptance. This valuation is made for Insurance Purposes and may be relied upon for this purpose only.

IValuer’s responsibility in connection with this insurance valuation report is limited to the Client and other parties named in the valuation report, as specifically nominated by the Client. IValuer disclaims all responsibility to any other party who may use the report.

Identification and Status of the Valuers

Valuations will be provided by Eyles McGough Ltd and their staff of duly registered valuers. The Directors of Eyles McGough are Roger Ganley and Robert Yarnton who are Registered Valuers defined in the Valuers Act 1948 and are Associates of the New Zealand Institute of Valuers and Members of the Property Institute of New Zealand.

Extent of Investigation

Unless otherwise agreed, IValuer Limited will make all reasonable endeavours to undertake an internal and external valuation inspection of the property. The interior of all significant buildings will be inspected where access is available. IValuer may not inspect the interior of minor buildings, which are not considered to have a material impact on the property's value.

IValuer relies on information supplied by third parties. Where this information comes from an independent professional source, such as Quick Map, Quantity Surveyors and Local Authorities, this information will be relied upon without specific verification during the valuation process. Where the information comes from other sources IValuer may undertake standard investigations (where deemed appropriate) to determine the accuracy of this information. In this instance, IValuer will note the source and its degree of reliability.

No guarantee is given that the land is not subject to statutory rights not recorded on the relevant Computer Freehold Register and not apparent from routine inspection of the property. A copy of the Computer Freehold Register may not be obtained in some circumstances, in which case IValuer may rely on other information sources or historic records.

IValuer is not an expert in the detection or qualification of environmental problems and will not carry out investigations on the site to determine the suitability of ground conditions and services. Nor will IValuer undertake environmental or geotechnical surveys. A visual site inspection may not reveal any obvious problems. Unless notified to the contrary, this valuation will be made on the basis that these aspects are satisfactory and also there is no actual or potential contamination of ground issues affecting the reinstatement and indemnity value of the assets valued. Should the Client know or their investigation or knowledge shows that the site is contaminated, IValuer should be informed and given the opportunity if necessary to reassess at the client’s cost (if applicable) the value of the property.

IValuer will not obtain from the Territorial Authority a Land Information Memorandum. IValuers valuation will be made on the basis that such a Memorandum if obtained, would not have disclosed information that would have affected IValuer’s opinion of reinstatement and indemnity insurance valuation estimate.

Where a property is leased, IValuer’s valuation estimates will be based on the information received. That information will be accepted and relied upon at face value. Unless stated, it will be assumed that the information supplied is complete, accurate and enforceable.

Payment:

IValuer requires our fees to be paid prior to the release of the IValuer insurance valuation report. Following the acceptance of the quote, the valuer will inspect the property, complete the report and issue an invoice. The report will not be released until proof of payment has been provided.

IValuer provides a speedy and cost-effective valuation service that is dependent on the utilisation of the latest mobile technology. Clients can have a valuation report emailed to them within hours of our property inspection if required. In order to facilitate this service IValuer provides bank account details to enable our clients a quick and convenient method of payment and to ensure reduced administration costs. IValuer prefers instruction and inspection details to be actioned by email. Instructions will be forwarded directly to a valuer who will contact you directly.

Where a quote has been provided additional fees may be payable if the instructions are changed, if additional work is required, or if disbursements are incurred that could not have been reasonably prevented and which could not have been foreseen and allowed for in the quote given. Additional fees may be payable at a time cost and/or cost incurred basis. Should this uncommon situation occur, IValuer will endeavour to inform you as soon as practicable.

Liability:
iValuer and its preferred contractors being Eyles McGough Valuers shall only be liable to you, either in contract or in tort, for any direct loss or damage you suffered as the result of a breach of its obligations under these Terms. All civil liability (including interest costs) of IValuer or Eyles McGough Limited which shall include any partner, employee or agent of Eyles McGough Limited, to you concerning the property valued, shall be limited to twenty times the net fee exclusive of GST

Client to Provide details of any agreements:

The client must provide IValuer with details of any agreements (including whether secret or conditional) between the landlord and tenants (if any) or any other agreements that may have an impact on the value of the property.

Intellectual Property:

IValuer shall retain the copyright of all intellectual property prepared by IValuer. You are entitled to use them or copy them only for the purpose for which they were produced. The ownership of the reporting provided by IValuer and paid for by the Client shall, after payment lie solely with the Client.

Cancellation of the Service:

The Client may suspend all or part of the services by written notice to IValuer, who shall immediately make arrangements to stop the services and minimize further expenditure. Suspension or termination shall not prejudice or affect the accrued rights or claims and liabilities of IValuer and the Client.

If the client instructs and pays for IValuer to complete a valuation and then does not allow or permit safe access onto the property, then IValuer will only refund any monies owing after deducting expenses incurred in the administration and travel time to the Client’s property.

Valuation Policy:

All opinions of value expressed by IValuer, Eyles McGough Limited or its employees are (or are deemed to be) subject to our statements of valuation policy comprised in IValuers reports. IValuer will assess the reinstatement and indemnity insurance values using New Zealand Institute of Valuers Insurance Valuation Guidance Note standards and Australian New Zealand Valuation Guidance Note 13.

Dispute Resolution:

Any dispute arising between IValuer and the Client in relation to these Terms shall be referred to the arbitration of a single arbitrator in accordance with the Arbitration Act 1996. The arbitrator shall be agreed on between IValuer and the Client, or failing agreement, shall be nominated by the president for the time being of the Auckland District Law Society or his nominee. The arbitration will be held in Auckland and the determination in accordance with the provisions of the Arbitration Act. The arbitrator’s decision shall be final and binding on both IValuer and the Client.