TERMS OF ENGAGEMENT

Saba Valuations Pty Limited Version 2.0 – September 2025

By engaging the services of Saba Valuations Pty Limited, you acknowledge and agree to these Terms of Engagement.

1. DEFINITIONS

Client: The instructing party and/or any party specifically named as a reliant party in the valuation report.

Company: Saba Valuations Pty Limited (ABN 85 680 699 950) its directors, employees, authorised representatives, and subcontractors.

Services: Valuation reports, advice, and consultation services provided by the Company, whether written or verbal.

Valuation Report: Any written valuation report prepared by the Company for the specific purpose stated therein.


2. ACCEPTANCE OF TERMS

By engaging the Company's Services, whether through signed agreement or by accepting Services, the Client acknowledges having read, understood, and agreed to these terms.


3. SCOPE AND LIMITATIONS

3.1 Purpose Limitation
Valuation Reports are prepared solely for the Client and the specific purpose stated in the report. No responsibility is accepted to any third party without the Company's express written consent. No duty of care is owed to, and no responsibility is accepted for, any third party who may obtain or rely upon the Valuation Report without the Company’s prior written consent.

3.2 Mortgage/Security Exclusion
Valuation Reports must NOT be used for mortgage, lending, or security purposes unless specifically stated otherwise.

3.3 Time Limitation
The value assessed may change significantly and unexpectedly over a relatively short period (including as a result of general market movements or factors specific to the particular property). We do not accept liability for losses arising from such subsequent changes in value. Without limiting the generality of the above comment, the Company does not assume any responsibility or accept any liability where this valuation is relied upon after the expiration of three (3) months from the date of the valuation, or such earlier date if the Client or reliant party becomes aware of any factors that have any effect on the valuation.


4. CLIENT RESPONSIBILITIES AND INDEMNIFICATION

4.1 Information Accuracy
The Client warrants that all information provided is complete, accurate, and not misleading. The Client agrees to disclose all material facts affecting the property.

4.2 Client Indemnification
The Client agrees to indemnify the Company against claims, damages, costs, and legal expenses arising from:

a) The Client's provision of incomplete, inaccurate, or misleading information;
b) Use of the Valuation Report contrary to its stated purpose or these terms;
c) Unauthorised third-party reliance on the Valuation Report;
d) The Client's failure to disclose material facts; or
e) Any breach of these terms by the Client.

4.3 Third Party Claims
The Client agrees to notify the Company immediately of any third-party claims and to cooperate fully in the defense of such claims.

5. PROFESSIONAL STANDARDS AND LIABILITY

5.1 Professional Standards
The Company will perform Services in accordance with applicable professional valuation standards and exercise reasonable professional skill and care. Nothing in these terms limits the Company’s obligations under any law, professional rule or standard.

5.2 Limitation of Liability
Subject to clause 5.3, the Company's total liability for any claim arising from or relating to the Services shall not exceed the fee paid by the Client for the specific Services giving rise to the claim.

5.3 Exclusions from Limitation
The liability limitation in clause 5.2 does not apply to:

• Claims arising from the Company's fraud or wilful misconduct;

• Liability that cannot be excluded by law;

• Personal injury or death caused by the Company's negligence.

5.4 Consequential Damages
To the maximum extent permitted by law, the Company excludes liability for any indirect, consequential, special, punitive, or incidental damages arising from or relating to the Services, including but not limited to:

a) Loss of profits, revenue, or business opportunities;

b) Loss of use, data, or business interruption;

c) Costs of substitute services or products;

d) Third-party claims against the Client;

e) Financing costs, interest charges, or carrying costs;

f) Tax penalties or additional tax liabilities;

g) Legal fees and costs (except as required by court order);

h) Damages arising from market fluctuations or property value changes;

i) Any economic loss not directly and immediately caused by the Company's breach of professional duty.

This exclusion applies regardless of whether such damages were foreseeable, and whether the claim is based in contract, tort, negligence, or any other legal theory. The Company's liability is limited to direct damages only, subject to the monetary caps set out in clause 5.2.


6. ASSUMPTIONS AND RISK ALLOCATION

6.1 Valuation Assumptions
The Client acknowledges that Valuation Reports contain assumptions and that incorrect assumptions may affect the valuation outcome.

6.2 Market Risk
The Client assumes all risk of market fluctuations and changes in property values after the valuation date.

6.3 Unforeseeable Events
The Company is not liable for delays or inability to perform due to circumstances beyond reasonable control, including natural disasters, government actions, pandemics, or market disruptions.

8. PAYMENT TERMS
Full payment of agreed fees is required prior to delivery of Services unless alternative arrangements are agreed in writing.

9. DISPUTE RESOLUTION

9.1 Good Faith Discussion
The parties agree to attempt resolution of disputes through good faith discussion before formal proceedings.

9.2 Mediation
If direct negotiation fails, disputes shall be referred to mediation before any legal proceedings.

10. GENERAL PROVISIONS

10.1 Severability
If any provision is found unenforceable, the remainder shall remain in full effect.

10.2 Entire Agreement
These terms, together with any Valuation Report and all disclaimers, qualifications, assumptions, and limitations contained therein, constitute the entire agreement regarding the subject matter and supersede all prior negotiations, representations, or agreements.

10.3 Survival
Clauses relating to limitation of liability, indemnification, confidentiality, and dispute resolution shall survive termination of this agreement.

10.4 Amendment
These terms may only be amended in writing signed by both parties.