Effective [effective date, set before publishing]
By engaging Genesis Strata Reports (“Genesis”, “we”, “us”) directly for a strata records inspection report, a review of an existing strata report, or a copy of a report previously prepared by us, you (“Client”, “you”) agree to these Terms and Conditions.
1. Scope of service
Genesis provides independent strata records inspection services. Reports are compiled from the strata documentation made available by strata managers, owners corporations or other third parties relevant to the scheme.
Genesis inspects records. Genesis does not carry out physical property inspections, building inspections or defect analysis, and does not attend the property.
2. Authority to inspect
Access to the records of an owners corporation is granted under section 182 of the Strata Schemes Management Act 2015 (NSW) to an owner, a mortgagee or covenant chargee, or a person authorised in writing by one of them.
Genesis is the authorised person, not the source of the authority. A written authority must be given by the owner of the lot, or by a person acting for the owner, ordinarily the vendor’s solicitor or conveyancer, or the selling agent under the agency agreement.
You must obtain that authority, ordinarily through your solicitor or conveyancer, or from the selling agent, and provide it to Genesis. Genesis does not prepare, pre-fill or send authorities, cannot grant the authority and does not warrant that it will be given. A contract of sale is not an authority to inspect.
The inspection is booked once the signed authority is received. Where you have a deadline, obtaining the authority promptly is the single thing most within your control.
3. Purpose of the report
The report is provided for informational purposes only, to assist you in your property due diligence.
It does not constitute legal, financial or building advice and should not be relied on alone in making a purchasing or contractual decision. Independent professional advice is recommended before acting on it.
4. Report reviews
Where you engage Genesis to review a strata report prepared by another provider, the review is limited to the contents of that report and any supporting documents you supply to us.
For a review, Genesis does not obtain records from the strata company and does not verify the third-party report against records it has not been given. The review sets out what the report covers, what it leaves open, and what the figures it contains mean for the subject lot.
Genesis accepts no responsibility for errors or omissions in a report prepared by another provider.
5. Limitations and exclusions
A report reflects the records available at the time of inspection. Genesis is not responsible for:
- missing, withheld or incomplete documents;
- inaccurate or misleading records prepared by third parties;
- changes to the strata scheme after the date of the report;
- matters not recorded in the records inspected.
Where documents we would ordinarily expect to see are not available, the report says so. An absence of records is reported as an absence of records, and is not represented as an absence of issues.
6. Currency of the report
A report is current for six weeks from the date of the records inspection. After that period the records may have changed and the report should not be relied on. A further inspection is required, charged at the then-current fee.
7. Timing
We confirm your inspection booking within 24 hours of receiving a signed authority, and deliver the report within 24 hours of inspecting the records.
Two things are outside our control and are the usual causes of delay: how quickly the authority is signed by the owner’s side, and how quickly the strata company grants access. Where you have a deadline, a cooling-off period or an auction date, tell us at the time of ordering so we can tell you whether it is achievable.
8. Fees and refunds
Fees are payable in full at the time of ordering. The strata company’s search fee is included in the fee quoted.
Where Genesis is unable to inspect the records, including where a signed authority cannot be obtained, or the strata company declines access, fails to respond, or cannot make the records available within a timeframe you told us in advance that you required, the fee is refunded in full.
Once the records have been inspected, the fee is non-refundable, as the work has been performed.
Where a strata company charges materially more than the ordinary search fee, we will tell you before proceeding and you may withdraw for a full refund.
Nothing in these terms limits any right you have under the Australian Consumer Law.
9. No warranty
The report is delivered as is, without warranty, express or implied, as to its accuracy, completeness or suitability for any purpose beyond that described in these terms.
10. Limitation of liability
To the extent permitted by law, Genesis is not liable for any direct, indirect, incidental or consequential loss arising from the use of or reliance on a report.
Liability limited by a scheme approved under Professional Standards Legislation.
11. Privacy and records
We collect the information you provide in order to obtain the authority, obtain the records and prepare your report. Contracts of sale and strata records contain personal information about you and about third parties, including lot owners.
We disclose your details to the strata company only to the extent needed to obtain access. We do not sell your information and we do not use it for marketing without your consent.
We retain the working file, the records inspected, the extract and the report, for seven years, held securely, for professional, insurance and regulatory purposes. This is separate from the six-week currency period in clause 6.
12. Intellectual property and licence
A report remains the intellectual property of Genesis Strata Reports.
You are granted a non-exclusive, non-transferable licence to use it for your own purposes in connection with the property to which it relates. You may provide it to your solicitor, conveyancer, broker or lender. Redistribution, resale or publication is prohibited.
Genesis may supply a copy of a report to another prospective purchaser of the same lot during the six-week currency period, at the fee then applying. Your licence is unaffected, and no refund or adjustment arises from any such supply.
13. Governing law
These terms are governed by the laws of New South Wales, Australia. Any dispute is to be resolved in the courts of New South Wales.
Acknowledgment. By placing an order you acknowledge and accept these Terms and Conditions in full.
Genesis Strata Reports · ABN 99 235 435 393 · staging.gsr.sydney/ · info@gsr.sydney · 0413 604 735