1. Our Property History Report (‘Property History Report’)
1.1 House Histories will research the history of the Property and provide a Property History Report Package which will include a written account of the people who have owned the property or the land it was a part of as well as details of structural and landscape changes where known. It will include an ownership table of the Property and provide copies of land records and council records (unless not required) that are obtained as part of researching the ownership of the Property.
2. Our Fee (‘the Fee’)
2.1 You agree to pay the quoted fee. This is an all inclusive charge which includes amongst other things the costs of obtaining copies of land records held by the relevant lands titles office. We will commence work upon payment of the Fee which is non-refundable.
3. Council Records
3.1 There are delays associated with accessing Council files (which requires the owners written permission) in relation to the properties that are the subject of our reports. For this reason we offer our clients the two stage approach option. We are happy to review any Council material you have obtained as part of our research process or you may opt out of including this material in your report.
4. Licence to use
4.1 Any licence to use the Property History Report is limited to the purpose of obtaining additional historical information about the Property for owners or prospective owners and is non-exclusive.
5.1 Each party promises the other that:
(a) no other person’s consent or permission is needed in respect of the rights granted or obligations undertaken under this Agreement;
(b) it will not seek any injunction against the other party and, if the other party breaches this Agreement and takes legal action, it will only seek damages (including additional and/or aggravated damages) by way of financial compensation; and
(c) the use of any material it supplies to the other party will not infringe the rights of any third party and will not violate any laws (provided also that the material is used under this Agreement).
6.1 Each party indemnifies the other (including its officers, employees or agents) against any and all liability, loss, claims, demands and/or expenses (including all legal expenses) incurred as a result of any breach of this Agreement or any warranty given under it, or of any negligent act or omission by that party.
6.2 Each indemnity in this Agreement is a continuing obligation and remains fully effective until all money owing under the indemnity (contingently or otherwise) has been paid in full.
7. Limitation and exclusion of liability
7.1 In some cases, our liability to each other is limited or excluded. To the maximum extent permitted by law, all implied terms, conditions, warranties, statements, assurances and representations in relation to the Property History Report are expressly excluded. If any of the exclusions or limitations set out in this Agreement are declared illegal or void or if you claim that there has been a breach that cannot properly be excluded, to the extent permitted by law, House Histories entire liability (and your exclusive remedy) is limited, at House Histories’ discretion.
7.2 To the maximum extent permitted by law, neither party will be liable for any default, failure of delay resulting from a Force Majeure Event.
8. Confidential Information
8.1 In providing the Property History Report each party may become aware of or become privy to Confidential Information. Neither party will disclose Confidential Information to anyone else unless the law requires it to be disclosed (and then only to the extent required); or it is necessary to do so to perform this Agreement; or the party is seeking professional legal or accounting advice (provided the recipient is bound by similar obligations of confidentiality).
8.2 Each party must immediately notify the other of any suspected or actual unauthorised use, copying or disclosure of the other party’s Confidential Information.
9. Dispute Resolution
9.1 If the parties dispute what this Agreement means, or its effect, each will use best efforts to negotiate a resolution in good faith. If the dispute cannot be resolved in 7 days (or such other time that the parties agree to), then either party may serve notice on the other party requiring the matter to be referred to mediation administered by an independent Expert Mediator recognised by the Law Society of New South Wales. Each party shall meet its own cost of such mediation. Such mediation must be undertaken before any litigation is commenced between the parties.
10.1 This Agreement sets out our entire agreement (express and implied) in relation to the Property History Report, and all other agreements, arrangements, understandings or representations (express or implied) are superseded.
10.2 This Agreement is governed by and must be construed in accordance with the laws in force in New South Wales, and each party submits to the exclusive jurisdiction of the courts of New South Wales and Australia in respect of all matters arising out of or relating to this Agreement.
10.3 If any provision of this Agreement is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected and the invalid, illegal or unenforceable provision is severed from this Agreement.
10.4 Nothing in this Agreement makes any party a partner, agent or representative of the other party, or creates any agency, partnership, employment or trust at law for any purpose whatsoever.
11.1 In addition to words and phrases already defined in this Agreement, the parties agree that certain other expressions will be interpreted as follows (unless otherwise required by the context):
(a) “Agreement” means collectively the Property History Report Quote including the acknowledgements and these Terms and Conditions.
(b) “Confidential Information” means all information (regardless of its form) relating to the business of a party to this Agreement or its officers, employees, agents or contractors, which may be disclosed to, or learnt by the other party (whether before or after the execution of this Agreement) and which information is by its nature confidential, is treated, or has been identified, as confidential; or would reasonably be regarded as confidential; and all copies, notes and records and all related information generated by the recipient of the information, based on or arising out of the disclosure of the Confidential Information to that party.
(c) “Force Majeure Event” means an event, occurrence or cause beyond the control of a party and which occurs without the negligence of that party. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, earthquakes, fire and explosions.
(d) The phrase “Employees, Contractors and Agents” includes persons and/or firms who we arrange in the course of the provision of the Property History Report.