Letter of Appointment Terms and Conditions

1. Keywords

Certain words in this agreement have specific meanings which are explained in 10 below.

2. How and when this contract is made

When you sign the Details, you authorise us to carry out the service. Unless prevented under the Building Act, we accept your appointment and agree to carry out the service.

3. Builder/lodging agent to act as your agent
You agree to appoint the builder or the lodging agent as your agent for the purposes of us performing the service and any additional service.

4. Acknowledgements and declarations

You acknowledge that:

a) you are the owner of the property, or that you are the duly authorised agent of the owner authorised to appoint us, and if required, you will provide us with written authority from the owner to that effect
b) you can only engage one building surveyor for your building work, but you may choose either a private building surveyor or a municipal building surveyor
c) the builder may recommend a building surveyor but cannot appoint a private building surveyor for you
d) you are responsible for the accuracy and completeness of the information that the builder provides to us
e) we are only responsible for checking that your building work meets the minimum standards of the Building Act
f) you are responsible for obtaining any necessary planning approvals for the building work and any building permit issued in respect of the building work does not remove the need for you to comply with your obligations under property law
g) we must inspect the building work and you grant us access to the property to do so.

You declare you have not appointed any other building surveyor in respect of the building work.

5. Fees and charges

If the builder or lodging agent is an account customer, you authorise us to debit the total amount due for the service and any additional service and any other amount that you must pay under this agreement to their account. We will give the builder or lodging agent a statement of account at regular intervals. The builder or lodging agent must pay us the total amount due in Australian dollars on the due date set out in that statement of account. The builder or lodging agent may seek reimbursement of the total amount due for the service and any additional service from you.

If the builder or lodging agent is not an account customer, you authorise us to open an account in your name and debit to it the total amount due for the service and any additional service and any other amount that you must pay under this agreement. You must pay us the total amount due in Australian dollars on demand.

The total amount due for the service or additional service is the total of:

a. the sum of each fee charged by us for the service or additional service and any applicable GST and any other taxes and charges payable on each fee
b. any other fees, expenses and charges incurred by us, including council fees or government levies.

If you are in default of this agreement, you must pay us on demand any enforcement expenses reasonably incurred or expended by us in enforcing this agreement.

If you would like to know our current fees for the service or additional service, please contact your builder or lodging agent or call us on 03 9544 0544 or email us at enquiries@groupfour.com.au

6. Default & indemnity

You are in default if:

a. you do not pay a fee or any other amount on time; or
b. you breach any other requirement of this agreement.

You agree to indemnify us and hold us, our agents and employees harmless from any claim or demand by any third party due to, arising out of, or in connection with, you or your authorised agent’s breach of this agreement or you or your authorised agent’s infringements of any rights of a third party.

7. Our liability to you

To the extent permitted by law, including Australian Consumer Law, we limit out liability for any breach of this agreement by us (including for negligence) to:

a. resupplying the services; or
b. reimbursement of the fees paid by you under this agreement.

We will not be responsible for any loss or damage resulting from a breach by you of any term of this agreement.

8. Changes to this agreement

We may change this agreement without your consent. If we change this agreement, we will give you 7 days notice of the change(s) in writing. We may send the notice by electronic transmission to the email address nominated by you and advised to us.

9. Assignment

We may assign or otherwise deal with our rights or beneficial interests under this agreement in any way we consider appropriate. You agree that we may disclose any information or document we consider necessary to exercise this right.
Your rights are personal to you and may not be assigned.

10 Meaning of words

account customer means a person who has a credit account with us

additional service means any functions performed by us in addition to the service that are requested by you, the builder or are required by the Building Act

builder/lodging agent means the person(s) named in the Details as “Builder” or “lodging agent”

Building Act means the Building Act 1993 (Vic) as amended and includes all regulations made under that Act.

building work means the work named in the Details to be performed by the builder on the property.

Details means the Appointment Details which names you as “Owner” and which are part of this agreement.

Property means the land listed in the Details as “Property”.

service means all or any of the following functions to be performed by us:

a. issuing the building permit
b. disbursing any fees, expenses and charges incurred by us, including council fees or government levies, in respect of the issuance of the building permit
c. lodging documents with the relevant council and Victorian Building Authority in respect of the issuance of the building permit;
d. carrying out the building inspections nominated in the building permit;
e. issuing of an occupancy permit or a certificate of final inspection, as required.

you means the person(s) named in the Details as “Owner” or the duly authorised agent of the owner, who for the purposes of this agreement are referred to as the lodging agent. If there are more than one, you means each separately and every two or more jointly. Your has a corresponding meaning.

we and us means Group Four Building Surveyors Pty Ltd (CBS-U 58099) ABN 96158953425 and its successors and assigns. Our has a corresponding meaning.

A reference to:

• anything includes the whole and each part of it
• the words including or such as when introducing an example do not limit the meaning of the words to which the example relates to that example or examples of a similar kind
• the word person includes an individual, a firm, a body corporate, an unincorporated person or an authority.

The singular includes the plural and vice versa. Headings are for convenience only and do not affect the interpretation of this agreement. This document represents the entire agreement between you and us.

Schedule 1 – Fees

Building Permits

Building Permit Fees Victoria Wide

Inspections

Inspection Fees based on location

Region A: All metropolitan council including Greater Geelong, Surf Coast, Mornington Peninsula, Cardinia and Yarra Ranges

Region B: All other regions Group Four operate in, refer to map: https://groupfour.com.au/building-inspections-melbourne/

Statutory Charges

Estimate as they are subject to change by the relevant authorities

All Pricing ex. GST unless otherwise states.

Fees are subject to change without notice.