SMSF VALUATION FORM - Commercial

These terms and conditions govern all services (Services) provided by Delphi Consultants & Valuers ABN 54 617 431 866, including its subsidiaries, affiliates, licensees, and franchisees under the Delphi brand (collectively referred to as Delphi). These apply to services performed for self-managed super fund clients and/or their trustees (referred to as you), unless a separate written agreement explicitly states otherwise. OVERVIEW The agreement between you and Delphi includes these standard terms and conditions and the Self Managed Super Fund Property Assessment Engagement Form provided by Delphi (Proposal). The Proposal will specify the particular Delphi entity providing the Services and to whom these terms apply. AGREEMENT ACCEPTANCE Your acceptance of the Proposal and/or direction to Delphi to proceed with the Services, whether written or verbal, constitutes acceptance of these terms and conditions and forms the agreement. Delphi may require written acceptance before commencing the Services. SERVICE DURATION The Services will commence on the date you accept the Proposal or as otherwise agreed in writing and will continue until the Services are completed or the engagement is terminated according to these terms. LIMITATION OF LIABILITY To the fullest extent permitted by law, you release and hold Delphi harmless from all liabilities for any loss, damage, costs, or expenses connected with the Report, Services, or their use. RESPONSIBILITIES Delphi will: Perform the Services with reasonable skill and care, adhering to applicable codes and standards. Make reasonable efforts to understand your requirements. Consult with you as necessary during the Service performance. Your Responsibilities: Provide clear directions and full disclosure of relevant information and documents about the Property. Ensure all information provided is truthful, accurate, complete, and fully disclosed. Authorise any third-party reports used for the Services. MODIFICATIONS TO SERVICES Any changes (Variations) to the Services must be agreed upon in writing. Delphi is entitled to payment for any agreed variations based on normal rates or as reasonably determined. DOCUMENTATION AND REPORTS Reports are relevant as of their date and may change due to market fluctuations. You accept the risks associated with market changes post-report. The Services do not include physical Property inspections unless stated. Reports are based on available data and information provided at the time of the report. RECORD KEEPING No part of Delphi-produced documents, including Reports, may be published without prior written consent. Delphi may destroy documents older than 10 years. Data retention policies are acceptable as stated. PAYMENT TERMS Fees are based on the Proposal or as otherwise agreed in writing, inclusive of GST. Payment is required before commencement unless agreed otherwise. No refunds for cancellations after work has commenced but before the Report is provided. CONFIDENTIALITY Confidential information must be kept confidential, except as required by law or agreed upon by the disclosing party. USE OF SUB-CONTRACTORS Delphi may use sub-contractors but remains responsible for their performance. TERMINATION POLICY Delphi may terminate the Services with written notice for any reason. Termination does not affect accrued rights and obligations. Limitations of liability do not apply to fraudulent or dishonest conduct by Delphi. SEVERABILITY Invalid or unenforceable provisions are ineffective only to the extent of the prohibition and do not affect the remainder of the terms. INTELLECTUAL PROPERTY RIGHTS All intellectual property rights in reports and documentation created by Delphi remain exclusively with Delphi. GOVERNING LAW AND JURISDICTION These terms are governed by the laws of the state or territory where the Services are performed, with non-exclusive jurisdiction of the local courts. ADDITIONAL PROVISIONS Definitions and interpretations are as per the context, with singular including plural, and vice versa. In case of inconsistencies, these terms prevail unless expressly stated otherwise in the Proposal. Liability limited by a scheme approved under Professional Standards Legislation QUALIFICATIONS & DISCLAIMERS This advice is for the addressed party's use for superannuation fund reporting and not for other purposes, including mortgage security. The assessment's validity is limited to the date of assessment. Delphi is not liable for post-assessment market changes. Concerns over the COVID-19 pandemic and its impact on the economy and property market are noted, but difficult to quantify. The assessment was conducted without physical inspection, relying on client-provided documents. Delphi is not responsible for errors due to incomplete or inaccurate client-provided information. Environmental hazards and compliance are outside Delphi's expertise. Flooding information is based on authority-provided data. The assessment assumes statutory compliance and good condition of property improvements unless noted otherwise. For strata-titled properties, assessments assume no financial liabilities or notable special levies unless confirmed otherwise. Rural and Agribusiness clients should note that the valuation assumes no Native Title claims unless stated. For full details, please refer to the Delphi Privacy Policy on our website.