Valuation Rodney Ltd

Remove Doubt - Create Certainty on your Next Property Decision

Office (09) 427-6020
Mobile (021) 055-3485

Terms of Trade

Definitions

In this policy:

  • "we", "our", "us" or "VR" means Valuation Rodney Limited or any related company (such as Property InDepth) providing you with our services;
  • "you" means you, the person or entity using our services, who orders and/or purchases Valuations from Us, including an agent, and where there are two or more persons or entities, means them jointly and severally;
  • "services" means all goods or services we provide and anything else we do for you, including providing you with access to our website.
  • "valuations" means the property valuations and related services, e.g. valuation reports performed by Us.

Application

These Terms of Trade ("the Terms") apply to all valuations performed by Valuation Rodney Ltd and replace any previous Terms issued by Us.

Any valuations performed by Valuation Rodney Ltd in its capacity as a franchisee of Property Indepth are also subject to the Terms of Trade as published by Property Indepth. A copy of which can be obtained on their Terms of Trade webpage (click here).

Access to Reports

You accept that valuation reports will be made available to you, and professionals you specify, electronically via the internet. You understand and accept that an additional charge may be payable if you request a printed report.

Pricing and Payments

You will be advised of the price for your requested Valuation ("the Valuation Price") by email or when speaking with a consultant of Valuation Rodney Ltd.

The Valuation Price is based on information provided to Us by you. Where any such information is inaccurate or any relevant information is omitted We reserves the right to charge you for the additional amount which would have been payable had full disclosure been made. The Valuation Report will not be released to you until all outstanding amounts are paid.

An estimate as to the Valuation Price is not binding on Us.

Payment for Valuations shall be made prior to commencement of the Valuation unles alternative arrangements have been made and approved by Valuation Rodney Ltd. Property InDepth valuations: Payment can be made through our customer service team by telephone using credit card, or be made through the Property InDepth website using credit card. The other acceptable means of payment is to pay by direct credit, into the account which the customer service team will email to you. If none of these payment methods are acceptable to you, you may ask if you can hand a cheque, for the amount in full, to the valuer at the site, prior to commencement of Valuation. It is the decision of the valuer on a case by case basis as to whether or not they will accept cheque payment, and whether or not they will release the valuation prior to bank clearance of the cheque.Valuation Rodney Ltd valuations: Payment can be made by cash, cheque or direct credit to our nominated bank account as noted on the Valuation Rodney Ltd invoice.

If payment is not received as required under these Terms default interest may be charged by Us at a rate equivalent to 3 percent per annum above Our Banker's Commercial overdraft rate for the period during which the payment is overdue. In addition, you must indemnify Us for all debt recovery and legal costs on a solicitor and client basis it incurs as a result of the non-payment. Outstanding accounts may be referred to our Solicitors or a Debt Collection agency of our choosing, and all costs (legal or otherwise) will be payable by You.

Refunds

Subject to Our obligations under the Consumer Guarantees Act 1993 and otherwise in law, We shall only refund the Valuation Price in full if a Valuation is cancelled with a minimum of one full working day's notice. We may incur administration costs and loss of revenue if less than this amount of notice is given and therefore a Cancellation Fee of 20% of the Valuation Price (plus GST) may be retained by Us and the remaining 80% refunded to you.

Failed Access Fee

We incur costs and loss of revenue when a Our professional cannot gain access to the Valuation site at the booked time and according to the access instructions supplied with the booking. Under these circumstances We may charge you a Failed Access Fee of $100 plus GST. This may be payable regardless of whether or not you choose to re-book or cancel the Valuation under these circumstances.

Compliments and Complaints

We prides ourself on providing its customers with excellent service. If you have a comment, compliment or a complaint about our service, please put full details in an email to our Office.

Consumer Guarantees Act 1993

You agree that where a Valuation is being supplied for the purposes of a business the Consumer Guarantees Act 1993 will not apply.

Privacy Act 1993

All personal information that We collect and hold about you, will be used for the purpose of providing you with services. You have the right of access to and correction of personal information that is held about you. Refer also to our Privacy Policy for more information.

Warranties

All statutory, express or implied warranties by Us including, without limitation, the implied warranties of merchantability and fitness for any particular purpose are expressly excluded (to the extent permitted by law).

Purpose of Reports

All reports provided by Us as part of valuation services are provided for the stated purpose only, for the use of the addressee only.

Under no circumstances whatsoever should Our Valuations be used directly or indirectly in relation to a Contributory Mortgage for any purpose. We accept no liability whatsoever for any claims by any person where a valuation has been used for such a purpose.

"Contributory Mortgage" means a mortgage of land, a building or any dwelling that:

  • Secures money owing to 2 or more persons or to a nominees on behalf of 2 or more persons, whether or not the mortgage originally secured money owing to only one person;
  • Has the same priority in respect of the land as another mortgage or mortgages of that land.

Unless otherwise agreed in writing by Us each valuation stands alone and We will not be liable in any circumstances where valuations are aggregated for any purpose whatsoever.

Publishing of Reports

Reports provided by Us may not be referred to or published, in whole or in part, in any document, circular, statement or on the internet without the prior written consent of Valuation Rodney Ltd

Extent of Advice and Services

In providing the Services Our consultant shall exercise the degree of skill, care and diligence normally expected of a competent professional.

Our services do not extend to surveying work or identification of structural, leaky building or foundation/land stability issues. Clients should engage the service of a qualified surveyor, building inspector or geotechnical engineer for advice in these areas.

Client's Full Disclosure

We provide valuation services on the basis that the client has provided a full and correct disclosure of all information and circumstances that may affect the valuation. Therefore We accept no liability in respect of a valuation where full and correct disclosure has not been made by the client.

Limitation of liability

The liability of the consultant and/or Us in respect of all claims for loss, damage or injury arising from breach of any of their obligations in relation to any Valuation by Us or from any act or omission of the consultant is limited, in each case, to the lesser of:

  • repeating the Valuation;
  • payment of the actual cost of repeating the Valuation; and
  • the fee for the Valuation.

The consultant will only be liable to the client, either by contract or in tort, for direct loss or damage suffered by the client as a result of a breach by the consultant of his or her obligations under this agreement.

We shall not be liable for any direct or indirect loss or damage (including without limitation any form of financial loss including loss of profits or savings) or for any indirect or consequential loss or damage of any kind), however caused, arising out of or in connection with the Valuation by Us.

For the purposes of the Contracts (Privity) Act 1982 the directors, officers and employees of Valuation Rodney Ltd may rely on the provisions of clause 9.1

Under no circumstances whatsoever should Our Valuation be used directly or indirectly in relation to a Contributory Mortgage for any purpose. We or our consultant accepts no liability whatsoever for any claims by any person where a valuation has been used for such a purpose.

"Contributory Mortgage" means a mortgage of land, a building or any dwelling that:

  • Secures money owing to 2 or more persons or to a nominees on behalf of 2 or more persons, whether or not the mortgage originally secured money owing to only one person;
  • Has the same priority in respect of the land as another mortgage or mortgages of that land.

Every effort will be made to ensure the soundness and accuracy of the opinions, information, and forecasts expressed in the report. While we believe statements in the report are correct, no liability is accepted for any incorrect statement, information or forecast.

Neither the consultant nor Us shall be considered liable for any loss or damage resulting from any occurrence unless a claim is formally made on him or her within six years from completion of services.

The consultant holds a policy of Professional Indemnity Insurance at a satisfactory level and undertakes to take all reasonable endeavors to maintain a similar policy of insurance for six years after completion of the services.

Intellectual Property

All intellectual property rights arising out of the Valuations are and shall remain the property of Us.

Force Majeure

No claim or liability will arise against Us under these Terms if and to the extent that Our failure or omission to carry out or observe any provisions of these Terms arises by reason of Force Majeure.

"Force Majeure" means any event outside the reasonable control of Us and includes, without limitation, fires or other casualties or accidents, power outages, acts of God, strike and lockouts, severe weather conditions, delay in supply or materials or unavailability of materials, war or other violence, or the introduction of any law, order, regulation, demand or requirement of any governmental agency, software or server failure and inability to access or connect to the internet for any reason whatsoever.

Miscellaneous

Our failure or delay to exercise or enforce any right it has under these Terms shall not operate as a waiver of Our right to exercise or enforce such right or any other right in the future.

Any provision of these Terms that is held to be invalid or unenforceable for any reason shall be severed from, and shall not affect the remaining provisions of these Terms.

We may, in Our sole discretion, amend these Terms from time to time.

You agree to receive updates and news from Us by email.

These Terms set out the entire agreement between Us and you and supersedes all prior written or oral agreements, understanding or arrangements related to the provision of a Valuation by Us.

These Terms are governed by the laws of New Zealand and any dispute under it shall be subject to the exclusive jurisdiction of the courts of New Zealand

Contact Valuation Rodney Ltd on
(09) 427 6020 or Mobile (021) 055 3485

To Book a valuation online click here , or Freephone 0800-463 378
to speak with our Property InDepth Customer Services Team

Property InDepth - First in valuation
Winners of the Property Institute of New Zealand Innovation of the Year Award 2008