Form 1 Terms and Conditions
Acceptance of Terms and Conditions
Our terms & conditions may vary from time to time. Variations will be notified via electronic notice on the website and will be binding on you when you use this service.
Payment for Service
Payment can be made by Visa, MasterCard, electronic funds transfer, or cheque. An invoice will be sent to you for payment and the service will be actioned once payment has been received (if paying by cheque please allow 3-7 days for clearance). Where Visa or MasterCard details have been provided on your signed Request Form, your payment will be processed via eWay within forty-eight (48) hours of receipt, unless instructed otherwise.
Where possible, a courtesy call will be made before processing your payment. If we are unable to contact you, your signed authority will be deemed approval to proceed. A receipt will be issued via email where a valid email address is provided.
Tuckfields – Form 1 Services Adelaide Refund Policy
Once searches have been ordered from third parties, a refund will not be possible. Please ensure you have the correct details on your Request Form. If you cancel the Form 1 preparation before we have commenced, we will waive our preparation fee, less a $77 admin fee (inc. GST). A refund will be arranged within seven (7) days of cancellation. Any refunds will be at the discretion of management.
Delivery
The Form 1 will be completed within 1 clear business day of receiving all searches and will be delivered to you/your nominated agent as a pdf attachment via email. Where involved parties agree, the Form 1 will be sent to the vendor(s) for electronic collection of signatures through a secure electronic signing facility. The nominated agent will be included in the request. Once relevant parties have signed, all parties included in the request will receive a copy of the electronically signed Form 1. Please note, it is the responsibility of the nominated agent to serve the completed Form 1 on any purchaser(s).
This will download in PDF format with all Annexures attached for you/your nominated agent to print and serve. We will not be held responsible for any reasonable delay in delivery outside of our control. You/Your nominated agent are responsible for obtaining the relevant signatures under Part C of the Form 1.
Whilst we endeavour to keep electronic copies of documentation for three (3) months, we do not guarantee storage beyond this timeframe. It is your responsibility to keep copies once the Form 1 has been delivered to you.
Responsibility, Liability & Warranty
We bear no liability or responsibility for any changes you make to the Form 1 documentation once delivered to you
A copy of all searches and a completed and signed Vendor Questionnaire are mandatory prior to the Form 1 being prepared. Any additional information affecting the property must be disclosed in the Vendor Questionnaire at the time of application.
We take no liability or responsibility for any errors or omissions to a Form 1 that has resulted due to a lack of information or incorrect completion of the Vendor Questionnaire.
Tuckfields will not certify Part D of the Form 1 if an incomplete and/or unsigned Vendor Questionnaire has been presented; searches have been ordered by a 3rd party; our Authority to Act has not been completed by your Agent.
We give no warranty as to the timing of receipt of searches from the various government and/or Strata/Community departments.
Once we receive your instructions you acknowledge and agree that payment is made upfront.
We will not be held liable for any loss or damage caused to you whatsoever in relation to the Form 1 or its use. Upon receipt of the Form 1 Request Form and Vendor Questionnaire by us, you indemnify us from any liability as a result of any claims or use of the Form 1 including any errors or omissions.
When we sign the Form 1 on your behalf, as an agent, it remains your responsibility to check the document for its accuracy and full disclosure, as required by law. The Form 1 is only valid at the time of issue and it is your duty to confirm with Tuckfields as to whether any updates are required, prior to service. This applies to you as Vendor and your agent.
Tuckfields can update the searches, Form 1 and Annexures to ensure that the information is current at the time of service. Our service includes an update of the searches, Form 1 and Annexures within 90 days of first ordering searches. This ensures the information is current at the time of service when initial preparation occurred prior to a contract of sale. Complimentary updates are available on most of the required searches within the first 90 days of ordering. Should a third-party charge to update their information within the first 90 days of order, Tuckfields will seek reimbursement accordingly.
The Form 1 is provided for the sole use of the vendor and/or their agent as specified in the Form 1 Request Form and cannot be used by a third party.
The laws applicable to South Australia apply to all claims arising from the Form 1, which include the Commonwealth Government Privacy Act.
Note: Tuckfields refers to Tuckfield Agent Solutions Pty Ltd
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Tuckfields – Form 1 Services Adelaide T&C’s Updated September 2023