1. "you" means the person or entity who orders and/or purchases Valuations from Property InDepth, including an agent, and where there are two or more persons or entities, means them jointly and severally.

2. "Valuations" means the property valuations and related services, e.g. valuation reports performed by Property InDepth and its franchisees.

Application

1. These Terms of Trade ("the Terms") apply to all Valuations performed by Property InDepth and replace any previous Terms issued by Property InDepth.

Access to Reports

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

Pricing and Payments

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

2. The Valuation Price is based on information provided to Property InDepth by you. Where any such information is inaccurate or any relevant information is omitted Property InDepth 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.

3. An estimate as to the Valuation Price is not binding on Property InDepth.

4. Payment for Valuations shall be made prior to commencement of the Valuation. This payment can be made through the Property InDepth customer service team by telephone using credit card. Payment may also 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 Property InDepth 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.

5. If payment is not received as required under these Terms default interest may be charged by Property InDepth at a rate equivalent to 3 percent per annum above Property InDepth's Banker's Commercial overdraft rate for the period during which the payment is overdue. In addition, you must indemnify Property InDepth for all debt recovery and legal costs on a solicitor and client basis it incurs as a result of the non-payment.

Refunds

1. Subject to Property InDepth's obligations under the Consumer Guarantees Act 1993 and otherwise in law, Property InDepth shall only refund the Valuation Price in full if a Valuation is cancelled with a minimum of one full working day's notice. Property InDepth 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 Property InDepth and the remaining 80% refunded to you.

Failed Access Fee

1. Property InDepth incurs costs and loss of revenue when a Property InDepth 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 Property InDepth 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

1. Property InDepth prides itself 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 service@propertyindepth.co.nz.

Consumer Guarantees Act 1993

1. 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

1. All personal information that Property InDepth collects and holds 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.

Warranties

1. All statutory, express or implied warranties by Property InDepth 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

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

2. Under no circumstances whatsoever should a Property InDepth Valuation be used directly or indirectly in relation to a Contributory Mortgage for any purpose.  Property InDepth 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.
     

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

1. Reports provided by Property InDepth 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 Property InDepth Ltd

Extent of Advice and Services

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

2. 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

1. Property InDepth provides 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 Property InDepth accepts no liability in respect of a valuation where full and correct disclosure has not been made by the client.

Limitation of liability

1. The liability of the consultant and/or Property InDepth in respect of all claims for loss, damage or injury arising from breach of any of their obligations in relation to any Valuation by Property InDepth 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.

2. 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.

3. Property InDepth 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 Property InDepth.

4. For the purposes of the Contracts (Privity) Act 1982 the directors, officers and employees of Property InDepth may rely on the provisions of clause 9.1

5. Under no circumstances whatsoever should a Property InDepth Valuation be used directly or indirectly in relation to a Contributory Mortgage for any purpose.  Property InDepth or its 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.
     
     
6.  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.
7. Neither the consultant nor Property InDepth 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.
8. 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.

1. All intellectual property rights arising out of the Valuations are and shall remain the property of Property InDepth.

1. No claim or liability will arise against Property InDepth under these Terms if and to the extent that Property InDepth's failure or omission to carry out or observe any provisions of these Terms arises by reason of Force Majeure. 
2. "Force Majeure" means any event outside the reasonable control of Property InDepth 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.

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

2. 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.

3. Property InDepth may, in its sole discretion, amend these Terms from time to time.

4. You agree to receive updates and news from Property InDepth by email.

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

6. 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