Terms of Service

Terms and Conditions 

1. Nature of Appraisal – Non-Valuation and Disclaimer 

a. This document is an Agents market appraisal only. It is not to be construed as a formal valuation prepared under the API/IVSC Valuation Standards or any similar legislation or code. 

b. The opinions, estimates and information contained herein (and supplied verbally or in writing in connection with this engagement to the Client) are provided by Stickland Realty Pty Ltd trading as Rx Property Australia (Agent) ACN 652 946 953 and its affiliated companies in their best judgement, in good faith and—so far as practicable—on data believed to be reliable. 

c. Rx Property Australia, its officers, employees and agents expressly disclaim all liability to any person, whether or not a recipient of this appraisal, for any loss or damage suffered as a result of any act or omission taken in reliance (wholly or partly) on its contents. 

d. By proceeding with this engagement upon submission of this Information Request Form (Document) to Rx Property Australia, the Client acknowledges and accepts this disclaimer. 

2. On-Site Inspection 

One inspection within a 60-minute return drive of the Sydney CBD is included in the fee and is mandatory before the appraisal is issued. 

3. Document Supply and Refund Schedule 

a. The Client must provide all requested documents within twenty (20) business days of engagement. 

b. If documents are not supplied within that period, the Client may cancel and receive a fifty per cent (50 %) refund of the appraisal fee. 

c. If documents remain outstanding after forty (40) business days, the entire fee is forfeited.

d. If documents are supplied, and the Agent declines to attend a site inspection, or does not use reasonable endeavours to follow up within ten business days (10), then a full refund will be returned to the Client, less any processing fees, or cost incurred by the Agent.

e. The Agent reserves the right to decline to complete the services at its sole discretion, upon which a full refund will be returned to the Client, less any processing fees, or cost incurred by the Agent. 

4. Revisions 

Up to one round of minor wording amendments are included if requested within thirty (30) days of delivery of the final appraisal. Revisions may not alter or influence the professional market opinion expressed. 

5. Market Evidence and Outcome-Based Refund 

a. Where no relevant registered lease comparables exist, the Client authorises the Agent to form a market rental opinion using the best alternative evidence and professional judgement. If a defensible opinion is produced, the full fee is payable. 

b. If the Agent issues written notice that a defensible opinion cannot be formed, the engagement is deemed unsuccessful and the Client will receive a fifty per cent (50 %) refund; the balance covers time and expenses incurred. 

6. Travel Outside Standard Radius

Travel requiring more than a 60-minute return drive by car from the Sydney CBD is charged at AUD $250 per hour plus GST, payable on invoice before release of the appraisal. 

7. Limitation of Liability 

To the fullest extent permitted by law, the Agent’s total aggregate liability for any claim arising out of this engagement is capped at the fees actually paid. The Agent is not liable for any indirect or consequential loss. 

8. Acceptance of Terms 

Submission of the requested documents constitutes acceptance of these Terms and Conditions. If the Client does not agree, a full refund may be requested in writing within ten (10) business days of engagement; thereafter these Terms are binding. 

9. Governing Law and Jurisdiction 

a. This engagement is governed by the laws of New South Wales, Australia. 

b. The parties submit to the exclusive jurisdiction of the courts of New South Wales (including the Local, District 

and Supreme Courts and any appellate courts) for the resolution of any dispute arising out of or in connection with this engagement, and waive any right to object to proceedings being brought in those courts on the grounds of venue or inconvenient forum.