TERMS AND CONDITIONS

BUILDERS PERSPECTIVE PTY LTD

AGREEMENT

1. By engaging Builders Perspective PTY LTD to provide the Services to you, you agree that these terms and conditions apply to the provision of those Services.

THE SERVICES
2. At your request, Builders Perspective PTY LTD has agreed to provide you with one or more of the following:

(a)  On-Site Assessment (up to one-hour duration) as to renovation options, estimated construction costs, approval processes, and timeframes (On-Site Assessment); and/or

(b)  a written report (up to three-hours work) that (depending on the circumstances) may include:

(i)  estimated construction costs;

(ii)  details as to the approval processes;

(iii)  layout scenarios;

(iv)   key parameters and controls from local council DCP (Development Control Plan);

(v)  a concept layout sketch;

(vi)  construction timeframes;

(vii)  the results of a preliminary discussion with the local authority in relation to the brief;

(viii)  a services infrastructure check; and

(c) anything ancillary to the On-Site Assessment or Report agreed to between you and Builders Perspective PTY LTD.

3. Together, the On-Site Assessment, the Report (if any) and any ancillary matters referred to in clause 2(c) are the Services.

LIMITATIONS

4. The Services will be provided or prepared:

(a)  in reliance on:

(i)  our own visual observations at the time of the inspection;

(ii)  our experience with similar projects; and

(iii)  information provided by any third party, including:

(A)  specialist consultants;

(B)  the local authority; and

(C)  the NSW Government; and

(b) with the skill, care, and diligence that would be expected of a professional builder experienced in providing services similar to the Services.

5. The Services:

(a)  are limited to:

(i) the main structure; and

(ii) any other buildings within 30 metres of the main structure,

within the site boundaries;

(b)  are subject to any inaccuracies or inconsistencies in the information referred to in clause 4(a)(iii);

(c)  are no more than:

(i)  an investigation into opportunities and constraints; and

(ii) (in the case of the Reports) a visual presentation of Builders Perspective PTY LTD’s opinion as to the opportunities and constraints of the site; and

(d)  are not:

(i)  a final detailed building solution, a building report, a structural report, a geotechnical report, a town planning report, a heritage report, a dilapidation report, or a (latent or patent) defect report; or

(ii)  a guarantee that the local authority will consent to any application for development whether based on the Services or otherwise.

(iii) a construction quote.

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6. Any building cost estimates provided as part of the Services:

(a)  may include consultant fees, including draftsman consultant fees; and

(b)  are subject to assumptions Builders Perspective PTY LTD’s will make, including assumptions about:

(i)  finishes, level of detail, and related items;

(ii)  site conditions, site geography, which may include contamination; and

(iii)  unforeseen or unknown events or circumstances that can have an impact on:

(A)  design, including in respect of town planning, heritage, and engineering constraints; and

(B)  construction labour or material costs.

PATHWAY FORWARD

7. The proposals set out in the Services may form the basis of a separate agreement for the provision of building services by which Builders Perspective PTY LTD may develop those proposals from concept to completion.

8. You may contact the Assessor if:

(a)  you have any questions; or

(b)  you otherwise require clarification, on any aspect of the Services.

OWNERSHIP OF THE REPORTS

9. Builders Perspective PTY LTD retains ownership of, and copyright in, any Report provided to you. You may not reproduce any part of a Report without Builders Perspective PTY LTD’s prior written consent which may be given or withheld in its absolute discretion.

10. Any Report will be provided to you and you alone. It must not, without our written consent, be used or relied on:

(a)  by any third party for any purpose whatsoever; or

(b)  by you in relation to any other property.

LIMITATIONS ON LIABILITY

11. You indemnify Builders Perspective PTY LTD against all Claims made against it, including any liability or obligation to you (or anyone claiming through you or on your behalf) in respect of:

(a)             physical loss, or damage to, any real or personal property; or

(b)            personal injury, disease or illness to, or death of, persons;

(c)             Consequential Loss; and

(d)            costs payable by Builders Perspective PTY LTD to its own legal representatives (whether or not under a costs agreement) and other expenses incurred by Builders Perspective PTY LTD in connection with any demand, action, arbitration or other proceedings (including mediation, compromise, out of court settlement or appeal),

arising out of or in connection with the provision of the Services to you, but subject to clause 12, the indemnity (except with respect to Consequential Loss) will be reduced proportionally to the extent that Builders Perspective PTY LTD negligent act or omission contributed to the loss, damage, injury, disease, illness or death.

12. You agree that Builders Perspective PTY LTD’s maximum aggregate liability to you (or anyone claiming through you) arising out of or in with any Claim made in connection with the Services under this agreement (including liability for breach of contract, for tort including negligence, or on any other legal basis) is limited (at Builders Perspective PTY LTD discretion) to:

(a)  providing the Services again; or

(b)  payment of the cost of having the Services provided again.

13. To the extent permitted by law, neither party will have any liability to the other (including liability for breach of contract, for tort including negligence, or on any other legal basis) for Consequential Loss including:

(a)  loss of revenue, use, production, goodwill, profit, income, business, contract or anticipated savings;

(b)  financing costs or increase in operating costs; or

(c)  other financial or economic loss:

(i)  including the use of the Services for any purpose connected with the sale, purchase, or use of the property or the giving of security over the property; and

(ii)  excluding any losses and damages to the extent arising naturally according to the usual course of things from the relevant conduct or breach.

14,     The indemnity given by you under these Terms and Conditions is a continuing obligation, separate and independent from the other obligations of the parties and will survive the termination of the Services or expiry of the agreement between the parties.

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DEFINITIONS

14.     In these Terms and Conditions, unless the context otherwise requires:

"Assessor” means the person responsible for the provision of the Services on behalf of Builders Perspective PTY LTD as may be determined by Builders Perspective PTY LTD in its absolute discretion.

“You” or “you” means the customer.

“Builders Perspective PTY LTD” means Builders Perspective Pty Ltd (ACN 677 168 697) and its Assessors, directors, employees, agents and contractors.

“Claim” means any claim, allegation, suit, action, demand, cause of action or proceeding, irrespective of when it arises, whether or not it is actual or contingent, or whether it is made under agreement or in tort (including in negligence), in equity, under statute or otherwise.

“Consequential Loss” means any loss that is suffered or incurred by a party as a result of a fact, matter or circumstance which does not arise naturally (that is, according to the usual course of things) from the fact, matter or circumstance giving rise to the loss and expressly includes loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of equipment (other than cost of repair), loss of opportunity or expectation loss even if any of that loss arises naturally (according to the usual course of things) from the fact, matter or circumstance giving rise to the loss.

“Services” mean the services defined in clause 2 and 3 which may be varied from time to time by Builders Perspective PTY LTD in its absolute discretion.

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