1. The Terms and Variation
These terms and conditions may be varied by notice from time to time and in continuing to use the service you (the “client” or “I”) agree to the varied terms and conditions as published from time to time. Electronic notice on the website is deemed notice of any changed terms and conditions of use and will be binding on you.
2. Service
Eckermann Property Forms (SA) Pty Ltd ACN 142 680 742 trading as Eckermann Property Forms is directed and authorised on behalf of me and/or the agent to undertake all property searches and prepare the Form 1 (the statutory disclosure statement) for the proposed sale of my/our property as required under the Land & Business (Sale & Conveyancing) Act 1994 ("the Act").
3. Payment for Service
3.1. Payment may be made by credit card payment, electronic funds transfer or cheque and the Service will be provided once the payment has been made, or otherwise as agreed by Eckermann Property Forms.
3.2. All transactions are processed in Australian Dollars (AUD).
3.3. By providing us with instructions the client is acknowledging that payment must be made for the services and disbursements incurred (including the costs of the searches) by Eckermann Property Forms. Payment is to be made upfront or within fourteen (14) days of receipt of a tax invoice. Any failure to make payment may result in a charge being made over the property and a caveat for unpaid monies being lodged over the property for which the request for service is being made.
4. Refund
If the customer cancels the instructions provided to Eckermann Property Forms, if the preparation of the Form 1 has not commenced, Eckermann Property Forms will refund the Form 1 preparation fee, however, no refund will be provided for any searches or disbursements costs incurred.
5. Delivery of Form 1
5.1. Delivery of the Form 1 will occur as soon as reasonably practicable after obtaining all property searches, a completed Vendor’s Questionnaire and payment (unless otherwise agreed). Once completed, the Form 1 can be downloaded in PDF format from the Eckermann Property Forms Portal http://eckermannforms.com/ and/or sent to the client directly by email. It may be downloaded for 3 months from the date of the searches.
5.2. Eckermann Property Forms is not responsible or liable for any reasonable delay in delivery of a Form 1.
6. Liability, Responsibility and Warranty
6.1. The Form 1 document will be prepared and certified by Eckermann Property Forms based on the responses received from the government authorities and strata/community manager (if applicable), as well as the Vendor’s responses on the Vendor’s Questionnaire (“Responses”).
6.2. Eckermann Property Forms is not responsible or liable for any changes in the Responses between the date of those responses and the date the Form 1 is served on the Purchaser.
6.3. Further, Eckermann Property Forms is not responsible or liable for any changes the client makes to the Form 1 documentation once received from Eckermann Property Forms.
6.4. The client must check the Form 1 prepared by Eckermann Property Forms to ensure it is correct before signing the Form 1 at Part C. By signing the Form 1, the client warrants that it is the registered owner (or attorney or lawfully authorised agent for the owner).
6.5. If there are any errors in any information in the Form 1, the client must advise Eckermann Property Forms immediately so the document can be altered. The client must not make any alterations to the Form 1 documentation.
6.6. Eckermann Property Forms makes no warranty as to:
6.6.1. the accuracy of the information in the Form 1; or
6.6.2. any errors, inaccuracy or misdescription in the information in the Form 1.
6.7. Eckermann Property Forms will use their best endeavors to provide the Service in a timely manner upon receipt of all of the Responses, however, no warranty is given to the accuracy or timing of the responses received from the government authorities or strata/community manager (if applicable).
6.8. Eckermann Property Forms will not be liable for any loss or damage of any nature whatsoever caused to the client or for which the client may be liable, arising out of or in connection with the Form 1 or its use.
6.9. The client indemnifies Eckermann Property Forms and holds Eckermann Property Forms harmless for any liability occurring as a result of any claims brought against the client by any third party arising out of, or in connection with, the use of the Form 1. This indemnity includes claims arising from any alleged errors or omission in the Form 1 or its preparation.
7. General
7.1. The onus is on the client to check each document to ensure information has been correctly placed into the Form 1 and that matters within the knowledge of the client are disclosed.
7.2. If the client breaches these terms, Eckermann Property Forms does not have to comply with any of their obligations in these terms.
7.3. The Form 1 cannot be used by any other party other than the vendor or agent selling the property without Eckermann Property Forms’ prior written consent.
7.4. In these terms, reference to the singular includes the plural and vice versa.
7.5. The law of South Australia applies to all claims arising from the Form 1 and the parties agree to submit to the exclusive jurisdiction of the courts of South Australia and unless otherwise agreed no claim can be maintained if Eckermann Property Forms elects and directs arbitration of the dispute in South Australia and nominates an arbitrator under the Commercial Arbitration Act or similar Act. Proceedings are stayed if brought and the parties must submit to arbitration if Eckermann Property Forms direct.
8. Privacy
Eckermann Property Forms publishes privacy statements from time to time and also puts them on the company website http://eckermannforms.com/for members and clients in compliance with law.