Subject Matter of the Contract
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The subject matter of this contract is the reporting task outlined in the order/order confirmation.
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The sole reason for commissioning the expert is the intended use specified in the order. The client is obligated to provide the expert with precise information regarding the intended use and to notify the expert immediately of any changes. Any terms and conditions of the client that deviate from these General Terms and Conditions shall only apply if they are expressly signed by the expert.
Rights and obligations
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The expert will carry out the assignment to prepare an expert report impartially and to the best of their knowledge and belief, in accordance with the applicable principles.
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The expert is not bound by instructions from the client if these would result in an inaccuracy in the expert opinion.
- The expert may, without the client’s specific consent, arrange the following things necessary for carrying out the assignment: inspections, necessary investigations, laboratory tests, photos, sketches, travel up to a distance of 150 km (from the expert’s office address).
Client’s duty to cooperate
The client is obligated to provide all necessary and requested documents to the expert in a timely manner and free of charge. The client must support the expert in their work and grant them access to the object being assessed. The client is obligated to inform the expert immediately of any changes that are relevant to the expert opinion.
Auxiliary staff
The expert is obligated to prepare the report personally. However, if necessary for the execution of the assignment, the expert may, at their own discretion, engage assistants. Any costs incurred for assistants or laboratory tests are to be paid by the client without prior consultation with the expert. This applies up to a value of $500 per case, but not exceeding 10% of the total contract amount. Any higher costs must be agreed upon with the client.
Other experts
Additional experts may only be engaged after consultation with the client. The client bears the costs for this. The expert is not liable for reports or findings of other experts or specialist consultants.
Make an appointment
The expert must prepare the report within a reasonable timeframe. Agreed deadlines are only valid if they have been confirmed to the client in writing.
Confidentiality
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As part of his expert opinion, the expert is obligated not to disclose personal and business secrets entrusted to him to third parties. He must also maintain confidentiality regarding non-public facts.
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The expert is authorized to disclose the secrets entrusted to him if this is done on the basis of legal regulations or if the client has expressly released him from his duty of confidentiality.
Copyright
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The client may only use the expert opinion commissioned by him for the purpose specified in the commission.
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Reproduction and publication of an expert opinion are only possible if the expert has expressly given his written consent.
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The expert holds copyright to the report he has prepared, including the images he has created for it.
Obligation to provide information
The client has the right to request information from the expert as to whether the report can be completed on time, whether additional funds from the client are required beyond the initially agreed expenses, and about the latest status of the report.
Payment of the expert
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The basis for the expert’s remuneration is the relevant provisions of the Law, the corresponding provision in these general terms and conditions, and the agreements made in the expert contract.
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The expert may demand advance payments for the services and expenses he requires. The amount of the advance payment must be specified in the respective expert contract. The expert is entitled to commence work only after receipt of the advance payment.
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The expert has the right to invoice the client for the expenses incurred in preparing the expert opinion.
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The full fee is due upon delivery of the report to the client or a person designated by them. Any advance payments already made will be deducted.
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The expert’s fee can either be a fixed amount based on the property value or calculated according to the hourly rates and billing rates listed in these terms and conditions, based on the time spent. The hourly rates are as follows: For the expert *** $ (Managing Expert *** $), for the technical specialist *** $ (all plus statutory GST). The minimum fee for expert services comprises one hour.
- In individual cases, the expert may exceed these fees by up to 30% if only partial services are required, extensive literature research is necessary, or a special effort by the expert is required (e.g., work on public holidays, urgency).
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The services of the expert, as well as expenses charged by the expert, are subject to the currently applicable statutory value added tax.
Payments
The invoice amount is due on the invoice date or upon delivery of the expert report. Payment is due immediately upon receipt of the invoice without deduction. If the expert’s invoice is not paid on time, the client is liable for any damages incurred by the expert as a result of this delay. Furthermore, the expert is entitled to charge their expenses as reminder fees in the event of late payment. All expert services remain the intellectual property of the expert until full payment is received and may not be used until then. Advance payment is reserved.
Liability
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The expert is liable only for intent and gross negligence, regardless of whether the claim is based on a contractual, non-contractual, or statutory basis.
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The expert is liable for damages resulting from a defective report – regardless of the legal basis – only if he or his agents caused the damages through intentional or grossly negligent breach of duty. This also applies to damages caused by the expert during the preparation of his report, as well as to damages that arise after subsequent performance. Section 939 of the German Civil Code (BGB) remains unaffected. All further claims for damages are excluded. This includes, among other things, the exclusion of liability for the cost of repairs if structural components must be opened for the purpose of providing expert services.
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Should the client forward the expert opinion to third parties, they assume personal liability for any damages incurred by those third parties as a result of the expert opinion. They shall indemnify the expert against any third-party claims.
Termination
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Termination of the expert assessment contract is only possible for good cause. Termination must be in writing.
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A serious reason for termination is if the expert grossly violates the obligations incumbent upon him under the expert regulations.
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A significant reason for termination includes, but is not limited to, the client’s failure to fulfill their duty to cooperate, their refusal to grant access to documents, or their denial of access to the expert. Furthermore, a significant reason for termination exists if the client obstructs the expert in their work or fails to rectify their breach of duty after a warning from the expert.
- If an order is cancelled less than 3 days before the agreed date, the contractor receives a cancellation fee of $1,500.00 + GST. If a cancellation occurs after the contractor has already arrived (even if the client is not present), the contractor receives full compensation (travel expenses and time spent).
Place of performance
The place of performance and jurisdiction is the business address (125 Sevenoaks Street, 6107 Cannington, Western Australia) of the expert.
Final provisions
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If any provision of this agreement is invalid due to legal regulations, the validity of the remaining provisions of this agreement shall not be affected. Invalid provisions may be replaced by provisions that most closely approximate the intended purpose and are legally permissible. The contracting parties undertake to accept such a replacement provision.
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Any changes or side agreements to this contract must be made in writing.
***Fee rates can be found in the expert contract.
Perth, April 15th 2026