1.1 "We", "us" and "our" mean the proprietor of Moving Managed SG, the sole proprietorship registered under UEN 53517080K and known publicly as Moving, Managed. The proprietor is the individual registered against that UEN with the Accounting and Corporate Regulatory Authority. A sole proprietorship is not a separate legal entity, so the proprietor is the party here and is bound by this agreement. "You" and "your" mean the person or organisation named on the Invoice.
1.2 Some parts of this agreement limit what we are responsible for, or ask you to cover a loss. Those parts also protect our employees, contractors, representatives and agents, and each of them can rely on them. Clause 36.1 gives them the right to enforce that.
1.3 In this agreement:
"Invoice" means the invoice we issue for the engagement.
"Services" means what the Invoice says we will do.
"Report" means a Property Condition Report we issue. It includes the observations, schedules, photographs and video in it, and anything the inspector states forms part of it.
"Premises" means the property we inspect or coordinate at, as named in the Invoice, the booking or the Report.
"Inspection Date" means the date the Report or the booking gives for the inspection, whether or not we finished that day.
"Service Date" means the move, inspection or on-site date in the Invoice or the booking confirmation, where the engagement has one. If it has more than one, the Service Date is the first.
"Completion" means the end of the last scheduled service. For move coordination that is the last day on site. For a Report on its own it is delivery of the Report, including one that covers only part of the Premises because we could not reach the rest.
"Fees" means what you owe us under the Invoice. It does not include what you pay a Vendor or anyone else.
"Report Fee" means the fee for the Report under the Invoice. Where the Report comes inside a bundle and the Invoice gives it no separate fee, the Report Fee is our published rate for the size band of the Premises. That rate is the one on our Property Condition Report page on the date of the Invoice, and we keep a dated record of the rates in force. Where the page shows no fixed rate for the band, we quote the Report individually and the Report Fee is the amount we quoted, which the Invoice states separately. We may change published rates at any time.
"Vendor" means any third party whose work we coordinate for you: movers, packers, cleaners, freight forwarders, handymen, aircon servicing providers, disposal contractors, and utility or connectivity providers.
"Authorised Recipient" means a tenant, landlord or appointed real estate agent you have authorised in writing to receive the Report and rely on it. Clause 21 sets out what they may use it for, and that is the limit of it.
"Declaration" means the signature block in the Report. A landlord, tenant or agent may sign it to record that they have seen the Report. Signing is an acknowledgement of receipt and nothing more, as clause 21.4 says.
1.4 Engagements covering more than one property. A Home to Home engagement covers two properties, and others may. Where an engagement covers more than one, this agreement applies separately to each property and to each Report. Each property is its own Premises. Each Report has its own Inspection Date, its own 48 hours for delivery, its own size band for the Report Fee, and its own retention period. Where this agreement says "the Premises", "the Report" or "the Inspection Date", it means the one in question.
1.5 Reading this agreement. Days mean calendar days. "In writing" includes email and WhatsApp, and we both accept an electronic signature. "Including" and "such as" do not limit what goes before them. Headings help you find things and do not affect meaning.
2.1 We plan, schedule, instruct and supervise Vendors for you, and we produce Property Condition Reports. We do not ourselves move, pack, clean, forward freight, store, do handyman work, or dispose of anything.
2.2 We are not a licensed mover, freight forwarder, cleaning contractor, surveyor, structural engineer or registered building professional. We are not an estate agency and hold no licence under the Estate Agents Act 2010. So we do not introduce a landlord to a tenant or a tenant to a landlord. We do not negotiate a tenancy for you. We do no work that follows on from an introduction or a negotiation, whether or not a fee is charged for it. Where you need an agent, you engage one directly, on the form the Council for Estate Agencies prescribes. We are not advocates and solicitors, and we do not do work reserved to one under the Legal Profession Act 1966.
2.3 We give no legal, financial, immigration, tax, insurance or property valuation advice. Where your situation calls for it, take independent professional advice.
2.4 We do not draft any document, including a tenancy agreement, a notice or a letter. We do not settle the wording of one. We do not write or send anything for you that threatens legal action or hints at it.
3.1 The agreement is three documents: your Invoice, the booking confirmation we send you, and this one. Together they are the whole agreement for that engagement, and they replace anything said or written beforehand. Nothing in this clause limits any liability for fraud.
3.2 In booking, you have not relied on anything said or written that is not in those three documents. Again, that does not limit any liability for fraud.
3.3 This document is incorporated into the Invoice by reference. Where the Invoice links to the online version, the version published at that address on the date of the Invoice governs the engagement. We may update this document. No update affects an engagement already confirmed by a cleared deposit.
3.4 Nothing else is implied into this agreement by custom or practice. Terms implied by law still apply, and nothing in this clause limits any right you have under the Unfair Contract Terms Act 1977 or the Consumer Protection (Fair Trading) Act 2003.
3.5 If the three documents disagree, the Invoice wins on what it exists to record: who the parties are, what Services are booked, the tier, the Fees and the dates. The booking confirmation wins on any of those it records and the Invoice does not, which in practice means the Service Date. This document governs everything else. Neither the Invoice nor the booking confirmation changes any other term, except by a change made under clause 5.
3.6 Clauses 3.1 and 3.2 limit what you can rely on. As far as they restrict our liability for something we said or wrote before the agreement was made, the Misrepresentation Act 1967 makes them effective only as far as they are reasonable, and showing that is our job. Neither clause touches fraud.
4.1 The Invoice links to this document, and we send the Invoice before any deposit.
4.2 You accept this agreement by paying the deposit, or by signing and returning the Invoice, whichever comes first. Signing and returning the Invoice records that you agree to this document.
4.3 Ask us at any time for a copy of this agreement, the Invoice and the booking confirmation, and we will send them free. That includes the version of this document that governs your engagement. We keep it whether or not it is still the version published.
5.1 A change to this agreement is to be in writing and signed by both of us, or on our behalf. Neither of us should treat something said in conversation or in a message as having changed it. This clause does not make a spoken change impossible, and it does not stop us agreeing to end the engagement. What it means is that anyone claiming a change made another way has to prove it against our written agreement not to make one, which is hard.
5.2 We may agree to do work outside the scope in the Invoice. If we do, we write down what it is and give you a written estimate of the cost, both before it starts, and we charge it separately. We will not charge more than that estimate unless you have agreed the higher amount in writing beforehand. A written record we issue under this clause, which you accept in writing, counts as a change under clause 5.1. We may act on a spoken instruction you confirm in writing. But we can only charge for work outside the scope once this clause has been followed, and if we act without following it, we bear the cost.
6.1 All Fees are in Singapore Dollars. We are not registered for Goods and Services Tax, so we charge no GST. If we register later, GST at the current rate applies to invoices we issue from the registration date onwards.
6.2 We do not pay a third party for you and then bill you back. You pay any third-party charge for your engagement directly to that third party. That includes building or management corporation charges, permits and deposits. Clause 10.2 lists which of them you arrange.
6.3 Each Vendor quotes and invoices its own charges, and you pay that Vendor directly, on top of the Fees. What a Vendor charges is set by that Vendor's own terms. Read them before you accept them. We do not collect, hold or handle money for any third party.
7.1 A deposit of 50% of the invoice total confirms the booking. Until that deposit has cleared, no booking is confirmed and no date is held, and we may give the slot to someone else.
7.2 The remaining 50% falls due as follows, and is payable within 3 days:
(a) for a Report on its own, when the inspection is finished;
(b) for move coordination, on the last day on site.
7.3 Late payment is a breach of this agreement. We will not treat it as ending the engagement unless we have given you written notice under clause 8.2 and the money is still unpaid.
7.4 We pay any refund due under this agreement within 14 days of it falling due.
8.1 If money is still unpaid more than 7 days after its due date, we may charge interest at 1% a month on what is outstanding. It runs daily from the due date until you pay in full, and it is simple interest, not compounded. The rate reflects what late payment costs us. It is not a penalty.
8.2 In that situation we may also, or instead, give you written notice and then pause any Services we have not yet carried out and hold back anything we have not yet issued, including the signed Report, until payment clears in full.
8.3 The draft Report is not the final Report. Before the balance clears we send it unsigned. The signed Report is the one we stand behind, and clause 15.4 describes it. We place no restriction on who you show the draft to. What anyone may rely on it for is a separate question, and clause 21 answers it. The answer is the same whether the Report is signed or not.
8.4 Nothing in this agreement stops you producing the Report where a court or tribunal orders it, where the law otherwise requires it, where you use it for a court or tribunal case, or where you give it to your solicitor for advice. Sections 290 and 291 of the Copyright Act 2021 make it a permitted use to do something for a judicial proceeding, or to seek advice from an advocate and solicitor. Section 187(1)(d) makes any term void as far as it restricts a permitted use. Producing the Report because some other law requires it falls outside those two sections, and we allow it anyway. None of this is a breach, and the balance is still payable.
8.5 We are not liable for delay caused by pausing work under clause 8.2. Pausing does not by itself cancel the engagement. We start again within a reasonable time of payment clearing, subject to availability.
9.1 You may cancel at any time by telling us in writing. You then pay a cancellation charge, set by clause 9.3 for a booking with notice and by clause 9.4 for a short-notice one. We take that charge out of the deposit and refund the rest. If the charge comes to more than the deposit, you pay the difference.
9.2 The cancellation charge is the agreed price of cancelling. It is a genuine pre-estimate by us both of what a cancellation is likely to cost us: capacity held for you, planning and coordination time already spent, and the other bookings we turned down for those dates. It is not a penalty.
9.3 Where the engagement has a Service Date, the cancellation charge is:
(a) more than 14 days before that date: 25% of the deposit;
(b) 7 to 14 days before that date, inclusive: 50% of the deposit;
(c) less than 7 days before that date, or on or after it: the deposit.
If the engagement has no Service Date yet, paragraph (a) applies until one is agreed. From then on the scale runs from that date.
9.4 Short-notice bookings. A booking made within 7 days of the Service Date you ask for is an urgent booking, and the scale in clause 9.3 does not apply to it. The cancellation charge is the deposit, and nothing else. Anything a third party charges you is between you and them. An urgent booking can only ever be cancelled at short notice, so one figure applies instead of a scale, on the same pre-estimate basis as clause 9.2.
9.5 The cancellation charge is the whole of what we recover for the cancellation. We will not also claim damages for the same loss, and we will not ask for more because the work already done was worth more. A figure we could go above would not be the pre-estimate clause 9.2 says it is.
9.6 Ask in writing to reschedule. We will if we can, subject to availability.
10.1 Give us accurate information in good time: inventory details, access arrangements, what the management corporation or building management requires, arrival dates and key dates.
10.2 Arrange the access, permits, lift bookings and approvals needed at the Premises, unless the Invoice says we will arrange a particular item.
10.3 Keep the site safe for our people and our Vendors. This is not a formality. If one of our employees is injured at the Premises, we must compensate them by law whether or not anyone was at fault, and an employee cannot sign that right away. That liability is ours, and nothing here asks you to cover it.
10.4 Decisions on scope, on which Vendors to use and on which quotes to accept are yours. We carry them out. We place an order or a booking only on your instruction, and clause 6.2 says who pays for it.
10.5 Instructions. We may act on instructions from you, or from anyone you have identified as authorised to instruct us for you. They may come in writing, by message, or spoken and then confirmed in writing. We may rely on them without checking further. Where an instruction takes the work outside the scope in the Invoice, clause 5.2 governs what we may charge.
11.1 You engage and contract with each Vendor directly, whether or not we got the quote, made the booking or gave instructions for you. Check and accept each Vendor's terms yourself, including any limit on their liability, their insurance, and how a claim is made.
11.2 The Vendor is responsible for its own physical work. That covers loss of or damage to goods, damage to property, delay and personal injury. Any claim about what a Vendor did or failed to do is made against that Vendor, under its own terms and insurance.
11.3 We will give you reasonable help to document and raise such a claim. We do not underwrite, guarantee or take on any Vendor's liability.
11.4 We recommend Vendors in good faith, from our own working experience. We take no commissions from Vendors, and none from estate agents. Clause 15.5 puts that in full. A recommendation is not a promise about a Vendor's work, solvency, insurance or licensing.
11.5 Any transit, contents or home insurance you want is yours to arrange. We neither provide insurance nor obtain it for you.
12.1 The inspection is visual and non-invasive. It covers what is reasonably accessible without taking anything apart and without special equipment.
12.2 We are not required to:
(a) move or lift furniture, appliances, floor coverings, stored items or other contents;
(b) open concealed spaces, or remove covers, panels, fittings or hatches;
(c) test any electrical, plumbing, gas, HVAC, ventilation, audio-visual, smart home, security or appliance system; or
(d) inspect roofs, external facades above ground level, underground services, common property, or anything outside the Premises.
12.3 We may decline any area with poor visibility, obstruction, active works, safety concerns or no access. Time pressure, an instruction or urgency from you or an occupier does not widen the inspection. It creates no duty to inspect beyond what was reasonably accessible on the Inspection Date.
12.4 Where it is safe and reasonably accessible, we operate locks, door and window handles, basin, bath and sink stoppers, light switches and mains power points, and we switch appliances on to confirm they power up. We also open, close and latch the things that are made to open: doors, windows, cabinet and wardrobe doors and drawers, blinds, curtains, shower screens, and the doors of built-in appliances. Where a drawer or cabinet door has a soft-close mechanism, we let it close to see whether the mechanism engages. We briefly run taps and water fittings to see whether water comes through and whether anything leaks while they run. We fill a basin, bath or sink stopper to see whether it holds, and we check whether a gas appliance has a supply. Each of those is one fitting, operated once. None of them is a test of the system, mechanism or appliance behind it, which clause 12.2(c) says we are not required to carry out.
12.5 A power-on check records that an appliance responded when switched on that day. A tap, fitting, opening or supply check records what happened when we operated it that day, and says nothing about any other day. We do not run an appliance through a cycle, load-test a system, measure pressure, flow, temperature or water quality, adjust a hinge, runner, catch or closing mechanism, or dismantle anything. None of it is a test of function, capacity, efficiency or safety, and we give no opinion on any of those.
12.6 Where the supply itself is off, we cannot do the checks in clause 12.4 that depend on it. The Report records that, rather than a fault. If you want those checks at a move-out, keep the electricity and water accounts live until after the inspection.
12.7 A Report covers Premises under 3,000 square feet. At 3,000 square feet and above we scope and price the job on its own and state that fee separately in the Invoice. The size band comes from the floor area you give us, or from the title, strata or listing documents. We do not measure the Premises and we do not check that figure.
13.1 Clauses 13.2 to 13.5 apply where we cannot start or finish because access is refused, the Premises are not ready, or you or an occupier seriously restricts access. They apply where the cause is yours or an occupier's, rather than an event under clause 14.
13.2 We may cancel the engagement. The cancellation charge is then the amount under clause 9.3(c), or under clause 9.4 for an urgent booking, unless we agree otherwise in writing. That charge is a genuine pre-estimate by us both of what it costs us to attend and be unable to work, on the same basis as clause 9.2 and for the same reasons, with the day itself now gone. It is not a penalty. We will not recover both that charge and damages for the same loss.
13.3 For a Report we may instead deliver one covering only the areas we could reach. If we do, no cancellation charge is payable and the deposit goes towards the Fees. The Fees stay payable in full for what we delivered, and you pay no more than the Invoice total.
13.4 We do one or the other, not both.
13.5 Where the engagement covers more than one property, clauses 13.2 to 13.4 apply to the property affected. Work already done at another property stands, and its Fees stay payable.
13.6 Your right to admit us. You confirm that you may authorise the inspection and admit us to the Premises on the Inspection Date, and that any notice or consent the tenancy, the law or the building requires has been given or obtained. An ordinary residential tenancy carries no implied right of entry, so your right to inspect is whatever your own agreement gives you. Check it before you book, and expect it to require an appointment rather than notice alone. Pressing repeated inspections can breach a tenant's right to quiet enjoyment, and a landlord who does can end up paying the tenant's legal costs. We say this because it decides whether we can inspect on the day. We give no advice on it, and clause 2.3 applies.
13.7 We may decline to enter, or stop and leave, if an occupier objects, if we doubt your right to authorise entry, or if we think the situation is unsafe. Clauses 13.2 to 13.4 then apply as though access had been refused, and we are not liable for what follows from stopping.
14.1 We are not liable for failing to perform, or for delay, where the cause is beyond our reasonable control. That includes fire, flood, illness, epidemic or pandemic, a building lockdown or access restriction, an act of any government or authority, a utility failure, industrial action, and a Vendor failing or pulling out at short notice.
14.2 Where such an event stops or hinders the work, we will tell you within 3 days of learning of it. We will say what has happened and what we expect it to affect, and we will make reasonable efforts to reschedule or to find another Vendor.
14.3 If the work is still stopped or hindered after 30 days, either of us may cancel the affected engagement. We then refund Fees paid for Services not yet carried out, less costs we reasonably incurred up to the cancellation. No cancellation charge under clause 9 is payable.
15.1 The Report is a visual record of what could be seen at the Premises on the Inspection Date. It records the surface condition as it appeared that day, and nothing more.
15.2 It is not a warranty, guarantee, certification, valuation, fitness-for-purpose assessment, compliance inspection, or professional advice.
15.3 It is not a survey. We do not work out the form, contour, position, area, height, depth or boundary lines of any land, or of anything on, below or above it. We do not prepare, obtain or certify a survey plan. Clause 12.7 says where the size band on the Invoice comes from, and it is not a measurement by us. Those are the activities the Land Surveyors Act 1991 calls a survey. Only a registered surveyor may carry them out, only a registered surveyor may hold themselves out as able to, and nobody else may charge a fee for them. That is why no part of the Report Fee is charged for them. We do none of those things and hold ourselves out as none of them.
15.4 The Report is a business record, made independently of you. We make it, record it and store it in the ordinary course of our business, under a written inspection protocol we follow on every job. You do not direct, change or control that protocol or the entries. In a dispute between you and someone else, we are not a party to the proceedings the Report is used in. Clause 15.5 gives that as a warranty.
15.5 We have no interest in the outcome. We warrant that, on the Inspection Date, we are not a party to any tenancy or other agreement about the Premises, and we have no interest in the Premises, in any dispute over them, or in what the Report records. We take no payment, commission, referral fee or other benefit from any Vendor, from any estate agent, estate agency or salesperson, or from any party to the tenancy other than you. We pay none to any of them either. We warrant that we have told you in writing about any relationship we have with a party to the tenancy, with an appointed real estate agent, or with a Vendor on the same engagement, and that we will tell you about any that arises later as soon as we know of it. This warranty is given by us and by each person who carries out the inspection, whether they are our employee, our contractor or our agent. We will not take an instruction or an engagement that would compromise a Report's independence.
16.1 Unless the Report says otherwise, we give no opinion on any of these: structural integrity, load-bearing capacity, safety, adequacy, pests, air quality, energy efficiency, water pressure, water quality, telecommunications, data infrastructure, meeting regulations, reinstatement duties, or any defect that was not reasonably visible at the inspection.
16.2 Dampness and mould. Where the Report records a mark of dampness or mould, that is what was visible on the surface that day and nothing more. We give no opinion on the cause, on how far it reaches behind or beneath the surface, on whether it is active or old, or on what putting it right would involve. Each of those needs a specialist.
16.3 The Report is not a compliance certificate. It does not say whether the Premises meet what the Housing and Development Board, the Urban Redevelopment Authority, the Building and Construction Authority, the fire safety authorities or a management corporation require. Nor does it say whether they meet a reinstatement, legal, contractual or by-law duty. Where any of that bears on a decision, take specialist advice.
16.4 The Report records the visible condition of a surface on the Inspection Date. It says nothing about what lies beneath, behind or within it, and it is not evidence that no concealed condition exists. A surface we record with no findings may hide something that was already developing and showed later.
16.5 The Report does not decide whether anything in it belongs to the Premises or to the common property. Structural elements, external walls, waterproof membranes and shared services can be common property even when they sit inside the Premises. Whether an item is yours, another party's or the management corporation's is a legal question, and we give no view on it.
16.6 The Report does not decide whether a fitting, alteration, addition or work was authorised, permitted or approved by a landlord, a management corporation or an authority. Recording that something exists does not say it is lawful, and any approval your own arrangements need is yours to get. Working out whether a property is free of unauthorised structures or alterations is a different job for a different professional: a competent person such as an architect, engineer or building surveyor, working against the approved plans. We do not do it.
16.7 The Report does not decide who owns anything in it, whether an item forms part of the letting, whether it was left behind for someone's convenience, or whether anyone has taken responsibility for it. Those are for the parties to state, and for a court or tribunal if they disagree. Where the parties want such a thing on the record, it goes in the Remarks column at the inspection.
17.1 Photographs and video form part of the Report. Where they and the text differ, the photographs or video win. If there is no photograph of something, that does not mean the condition was absent.
17.2 Images appear in the Report at the size the reporting system renders them, which is smaller than the original and varies with the layout. The image in the Report is a reference copy. The original is the evidential record.
17.3 We keep the higher-resolution original of every image, and we will send you any of them free on written request, for as long as we hold it under clause 33. An original sent this way carries no timestamp on its face, so it goes alongside the Report and not instead of it. The Report is what ties an image to a date, a location and an item. A photograph on its own, with nothing to show when it was taken, proves very little.
18.1 We issue the Report within 48 hours of the inspection finishing, counted from the time the inspector leaves the Premises. Where clause 18.3 applies, what we issue inside that time is the unsigned draft, and the signed Report follows under that clause. If the 48 hours would end on a Saturday, a Sunday or a Singapore public holiday, they end at the same time on the next day that is none of those.
18.2 We may take longer than 48 hours in three cases:
(a) the inspection could not be finished for a reason that was yours or an occupier's;
(b) an event under clause 14 applies; or
(c) the Premises are 3,000 square feet or more and we agreed a longer time in writing before the inspection.
18.3 For a Report on its own, and for move coordination, we first issue an unsigned draft. It carries no signature, and that is what tells it apart from the final Report. We issue the signed Report once the balance has cleared. Clause 8.3 says what the draft is, and we place no restriction on who you show it to. Where an engagement covers two properties, clause 18.5 says when the pair is issued.
18.4 The draft is there so you can read the Report before the balance falls due. It is not an approval step and it is not a correction step. You do not approve or sign off the condition findings, and we do not change a finding because a party to the tenancy would prefer it to read differently. Our entries close when the Report is issued, and clause 19 sets out the only ways they move afterwards.
18.5 Where an engagement covers two properties, both Reports are issued together, once both inspections are done, and both follow clause 18.3. Each has its own 48 hours under clause 18.1, and the later inspection sets when the pair goes out. The balance stays due under clause 7.2(b), unchanged in timing and amount.
19.1 Our entries are the name, description and condition fields and the photographs and video attached to them. We complete them at the inspection and they close when the Report is issued. They record the Premises as they were on the Inspection Date.
19.2 After the Report is issued, those entries can only be changed by reopening the inspection in our reporting system. That takes a stated reason, and the Report's audit trail records it with the date, time and user. The audit trail forms part of every Report, so you and any Authorised Recipient can see any reopening on the face of it. We reopen a Report only to annotate it under clause 19.4, or to take a signature or comment.
19.3 The Report carries an Additional Comments field against each item, and it stays open to you for 30 days from issue. You may add comments and photographs there, and each entry is stamped with the date and time you made it. Tell us before the inspection if you need a shorter period and we will set it to that. It is never longer than 30 days. Making an entry in time is for you to manage, against whatever your own arrangements allow.
19.4 Someone may ask us under the Personal Data Protection Act 2012 to correct personal data in a Report. If we do not make the correction, that Act requires us to annotate the data with the correction that was asked for. We reopen the Report under clause 19.2 for that and nothing else, and the audit trail shows it. An annotation records the request. It is not us agreeing with it, and it does not change a condition finding. That right reaches an error or a gap in personal data. Where the request is not to correct a factual error but to record a different view of what we saw, that Act does not require us to change an opinion, so we annotate rather than change the finding.
19.5 Anything you enter in the Additional Comments field is your own content and your own observation, made on the date shown against it and not on the Inspection Date. It is not part of our observations. We do not inspect, check or endorse it, and we are not responsible for it.
19.6 If you want a later observation recorded as ours, that needs a re-inspection. A re-inspection is a separate engagement with its own inspection date and its own fee.
19.7 There is no correction window. The entries close on issue, and clauses 19.2 and 19.4 are the only ways they move afterwards. Nothing in this clause limits any right or remedy you have.
20.1 The Report does not replace any other inspection. We are not engaged to find causes, advise on repairs, estimate costs, recommend contractors, or advise on legal or regulatory compliance. Any decision you take on the Report is taken at your own risk.
20.2 A Report at the end does not by itself show that anything changed during the tenancy. That needs a record of the start as well: ours, the tenant's, or whatever your own agreement calls for. If you have none, tell us before you book. Clause 21.6 applies.
20.3 The Report records an observation, not a judgement about it. It gives no opinion on whether something we recorded is fair wear and tear, damage, a breach of the tenancy, or anyone's responsibility. Fair wear and tear has no fixed legal meaning for a tenancy. It turns on the wording of the parties' own agreement, and it is for them, or for a court or tribunal if they disagree.
20.4 We are not engaged as an expert and we give no expert opinion evidence. Where we give evidence under clause 22.2, 22.3 or 22.5, it is evidence of what we saw and nothing more.
20.5 The Report supports a claim only as far as the underlying tenancy does. An unstamped tenancy agreement cannot be used in evidence until the duty and any penalty are paid. A letting made without a permission or consent the law requires may not be enforceable at all. Short lettings, lettings of part of a home, and flats sold by the Housing and Development Board each carry their own rules on minimum terms, consents and permissions. Those rules belong to other bodies and they change, so we do not repeat them here. Whether your tenancy is stamped, whether it needed a permission or consent and got one, and where a claim can be brought are matters for you. We check none of them and give no advice on them. Clause 2.3 applies.
20.6 A Report is not a joint inspection. Tenancy agreements often say the tenant hands the premises back after a joint inspection by both sides or their agents, and that afterwards the landlord can claim only for what was found there. We attend for you. Unless everyone your agreement requires is present, and all of them treat our attendance as the joint inspection, it is not one. Taking a Report does not remove the need to hold one.
21.1 The Report is prepared for you only. If you authorise it in writing, an Authorised Recipient may also see and rely on it, for tenancy handover, return or condition review at the Premises and for nothing else.
21.2 Nobody else may rely on the Report, and we owe no duty of care to anyone else.
21.3 An Authorised Recipient relies on the Report on the same terms as you. Their permission depends on two things: that you have given them this document, and that clauses 16, 20, 29 and 30 apply to any claim they make about the Report, however they frame it. Passing this document to them before they rely on the Report is your job. Until you have, they stand where anyone else stands: they may not rely on it, and we owe them no duty of care.
21.4 Signing the Declaration in the Report records that the person signing has seen it, and nothing more. Between that person and us, signing creates no duty of care, no right to rely and no liability beyond what this clause already gives. It does not make them an Authorised Recipient. It is not us saying that anyone has agreed anything, it is not a tenancy agreement or a change to one, and it is not an admission of liability to us.
21.5 What the parties to a tenancy agree between themselves about the Report is a matter for them, and nothing here limits it. Clause 21.4 limits what signing does against us, and nothing more. So if a tenancy agreement says that a property condition report or an inventory list endorsed by both sides is conclusive evidence of condition, that takes effect between them, unaffected by this document.
21.6 The Report is not the inventory list or the property condition report your tenancy agreement asks for. Those are usually prepared by the landlord and the tenant, in duplicate, each endorsed by both sides, by a deadline the agreement itself sets. Our Report does neither job. Taking one does not remove the need to prepare and endorse whatever your own agreement requires, and what that is, and by when, is for you to check.
21.7 Otherwise you may not copy, distribute, publish or use the Report for any other purpose without our written consent, and no Authorised Recipient may use it for a later transaction or purpose.
21.8 Nothing here restricts a permitted use under the Copyright Act 2021. Section 187(1)(d) of that Act makes a contract term void so far as it tries, directly or indirectly, to restrict a permitted use for a judicial proceeding or for seeking or giving legal advice. Sections 290 and 291 define those uses. Section 186(2) allows a term restricting any other permitted use only if both limbs are met: the contract is individually negotiated, and the term is fair and reasonable. This contract is not individually negotiated, so the first limb fails on its own. So clauses 21.7, 31.1(d), 34.3, 34.4 and 23.3 do not stop you or an Authorised Recipient doing anything that Act permits. We will not treat it as a breach, and clause 31 does not bite on it.
21.9 An Authorised Recipient keeps their permission only while they observe clauses 21.7 and 23. If they do not, the permission ends, they may no longer rely on the Report, and we owe them no duty of care.
22.1 Despite clauses 21.1, 21.2 and 21.7, you and any Authorised Recipient may use, copy and submit the Report in full in any negotiation, mediation, tribunal, arbitration or court case about the condition of the Premises or the security deposit. You need no further consent from us. Doing it does not make us a party to the matter and creates no duty to anyone in it. This applies to the unsigned draft as much as to the signed Report.
22.2 The Report Fee does not cover attending a meeting, mediation, tribunal, arbitration or court, or answering questions on the Report beyond a short clarification. Where we agree in writing to do either, we charge SGD 100 per hour, including reasonable travel and waiting time, payable in advance, against a written estimate we will not exceed without your written agreement. Any fee a court, tribunal or venue charges is yours to pay directly, under clause 6.2. We do not have to agree to attend.
22.3 Where a court or tribunal directs it, we will supply our observations for a written statement, statutory declaration or affidavit, and will check and sign the document once it has been drawn. Checking means confirming it records our observations accurately, and does not extend to settling its wording. Where your solicitor asks without such a direction, clause 22.2 applies instead. Either way the document is drawn by the court, the tribunal or your solicitor and not by us. We are not advocates and solicitors and we do not do work reserved to one under the Legal Profession Act 1966.
22.4 Wherever we attend, we attend only as a witness, never as your representative or agent. That is not a preference: it is an offence for an unauthorised person to act as an agent for a party to proceedings. Whether a witness is heard is for the tribunal magistrate to decide on the day, or for whoever presides in another forum, and if we attend and are not heard we refund the charge for that time.
22.5 Clauses 22.2 and 22.3 do not apply where a court or tribunal compels us to attend, give evidence or produce something, or where the law otherwise requires it. We will comply, and will tell you unless we are prevented from telling you. The hourly charge applies to the time spent, payable afterwards.
22.6 Do not assume the Report can be put before a court, tribunal or arbitrator without us. What each forum accepts, and on what conditions, is a matter for that forum and for your own advisers. We give no advice on it, and clause 2.3 applies.
22.7 A party can be ordered to produce the documents they rely on, and any document they ought reasonably to know is against their own case, so you may have to produce the Report even where it does not help you. It is an honest record of what was seen on the Inspection Date and is written on that basis.
23.1 Photographs, video and other media we create stay ours, unless we agree otherwise in writing. Anyone who carries out an inspection for us and is not our employee assigns the copyright to us, in writing and signed, as the Copyright Act 2021 requires. If the copyright in an image is not ours despite that, we grant you the rights in this clause and clause 21 as far as we can, and we will get any further permission you need for a use allowed by clause 22.1, free.
23.2 Media you upload to the Additional Comments field stays yours. We claim no ownership of it.
23.3 You may use our media only for the original tenancy or handover purpose, or for a purpose allowed under clause 22.1, and only together with the Report. For a clause 22.1 purpose you may also copy, enlarge or crop individual images, as long as the source image is identified and the Report goes with them.
23.4 Otherwise, no media may be altered, republished or used for another purpose without our written consent, and no altered image may be presented as our own record. Clause 21.8 applies to this clause and to clause 23.3.
24.1 The Invoice states the tier for the engagement. A day on site is a day we attend the Premises in person.
24.2 One Home covers a single property. It includes one Property Condition Report and one day on site. Unless the Invoice says otherwise, we do the inspection and the move coordination on that same day.
24.3 Home to Home covers two properties, the one you are leaving and the one you are taking. It includes two Property Condition Reports, one at each property, and two days on site.
24.4 Part 5 governs every Report, and clause 1.4 applies where the engagement covers two properties.
24.5 We may agree to extra days on site, work outside the stated scope, or a change of premises or dates. Clause 5.2 says how, including the written estimate we give you before any of it starts.
25.1 Settled is two engagements, not one, and this agreement covers our part only. When you book Settled, you engage us for move coordination and the Property Condition Report, and you engage a licensed estate agent separately for the home search.
25.2 The home search is not ours. Finding properties, preparing a shortlist, taking you to viewings and negotiating a tenancy are the agent's work, under a separate agreement between you and them, on the form the Council for Estate Agencies prescribes. They set and invoice their own fee. We do not set it, we do not collect it, and we take no commission, referral fee or other benefit from it. Clause 15.5 gives that as a warranty.
25.3 We are not a party to that agreement, we do no part of it, and we give no advice on it. Clause 2.2 still applies in full, so we do not introduce a landlord to a tenant or a tenant to a landlord, and we do not negotiate a tenancy for you. What you agree with that agent is between you and them, and any question about their work, their fee or their duties is for them to answer.
25.4 Our part of a Settled engagement is a move coordination engagement and nothing else. Clause 24 gives the tier, One Home or Home to Home. Part 5 governs the Report, and the rest of this agreement applies as usual. You get a separate invoice from us for it.
26.1 Either of us may end the engagement at once, by written notice, if the other:
(a) is in serious breach and has not put it right within 14 days of a written request, or cannot put it right;
(b) says or does something showing they do not intend to do what they agreed; or
(c) becomes insolvent or bankrupt, has a receiver or judicial manager appointed, has a comparable order made against them, or stops trading.
26.2 If we end the engagement on any of those grounds, you are liable for the loss we actually suffer, which we must prove in the ordinary way. No cancellation charge under clause 9 applies.
26.3 If you end the engagement on any of those grounds, no cancellation charge is payable and we refund Fees paid for Services not yet carried out.
26.4 Ending the engagement does not affect any right or liability that arose before it ended.
26.5 This clause does not replace either party's right under the general law to treat the engagement as at an end.
26.6 However the engagement ends, we will deliver any completed work you have paid for and, on written request, return or delete your own materials. That is subject to the retention period in clause 33 and to anything the law requires us to keep.
27.1 If either of us has a complaint or a dispute, raise it in writing with the other first. The other replies within 14 days and tries in good faith to settle it. If it is still unresolved 30 days after that notice, either of us may refer it to mediation in Singapore, at the Singapore Mediation Centre or, where we both agree and the Centre accepts the matter, at a Community Mediation Centre. The other will consider the referral in good faith.
27.2 None of that stops either of us, at any time, asking a court for urgent or interim orders, filing at the Small Claims Tribunals where the claim is within its jurisdiction, or starting court proceedings in Singapore. Clause 27.1 is a step we both promise to take, not a condition of going to court.
Nothing in this agreement limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) anything else that cannot lawfully be limited or excluded under Singapore law, including under the Unfair Contract Terms Act 1977 and the Consumer Protection (Fair Trading) Act 2003.
29.1 Apart from clause 28, and as far as Singapore law allows, our total liability for the engagement is capped at the total Fees payable under the Invoice. That covers any claim, whether in contract, in tort including negligence, for breach of a statutory duty, or otherwise. For a claim about the Report, the cap is the Report Fee, set under clause 1.3. Neither cap adds to the other.
29.2 This cap has to be reasonable to work, and proving that is our job. The Unfair Contract Terms Act 1977 applies to it whether you deal as a consumer or on our written standard terms of business. This document is our written standard terms, so the cap must be reasonable either way. A court looking at a cap set at a sum of money considers the resources we have to meet a claim and how far we could have insured against it. That is about our own liability cover. It is a different question from clause 11.5, which is about insuring your goods in transit.
29.3 Where we may do less than you expected. Some clauses let us do less than the full Services, take longer over them, or do nothing at all: taking longer under clause 18.2, pausing under clause 8.2, cancelling or delivering a partial Report under clauses 13.2 and 13.3, declining or stopping under clause 13.7, declining an area under clause 12.3, and an event under clause 14. The Unfair Contract Terms Act 1977 lets us rely on a term like that only as far as it is reasonable, and proving that is our job.
29.4 As far as Singapore law allows, we are not liable for:
(a) indirect, consequential, incidental, special, punitive or exemplary loss, or for lost rent, lost bargains, lost opportunities, lost savings, or legal or professional fees; or
(b) what any Vendor or other third-party provider does, fails to do, delays or defaults on, or for their insolvency.
29.5 Clause 29.4(a) is about the kinds of loss you might claim from us. It does not affect any costs a court or tribunal orders one of us to pay the other.
30.1 Put a claim about the Report in writing within 24 months of the Inspection Date. Put any other claim about the engagement in writing within 24 months of Completion, or of the cancellation date if that comes first. A claim made later is given up, as far as the law allows.
30.2 This does not cut down any right you have as a consumer under the Consumer Protection (Fair Trading) Act 2003. That Act runs on its own clock and it can outlast this clause. It measures time from when you knew about the problem, and that date can fall long after an Inspection Date.
30.3 Clause 30.1 is also subject to clause 28. A time limit like this counts as a restriction on liability under the Unfair Contract Terms Act 1977, so it binds you only as far as it is reasonable, and proving that is our job.
31.1 You must cover any loss, cost or liability we suffer that arises from:
(a) your changing the Report, or using it in a way this agreement does not allow;
(b) it going to, or being relied on by, someone who was not authorised;
(c) anything you or anyone else enters in the Additional Comments field;
(d) any breach of clause 21;
(e) your breach of a Vendor's terms;
(f) information you give us that is wrong or incomplete, or your not arranging access, permits or approvals under clause 10; or
(g) your not having the right to authorise the inspection or to let us in under clause 13.6, including any claim by an occupier about our attendance.
31.2 This does not apply to anything caused by our fraud, wilful misconduct, negligence or breach of this agreement, or to any liability that cannot lawfully be excluded under Singapore law. Where you deal as a consumer, the Unfair Contract Terms Act 1977 applies to this clause, so we may rely on it only as far as it is reasonable. If we say you are not dealing as a consumer, proving that is our job.
31.3 A cap on what you cover. For any one engagement, the total you pay under clause 31.1 is capped at the total Fees payable under the Invoice, counting together what we claim and what anyone covered by clause 36.1 claims. That is the same cap clause 29.1 puts on us. The cap does not apply where the loss comes from your fraud, or from something you did deliberately knowing this agreement did not allow it. It does not affect our right to be paid the Fees.
32.1 The Report, its photographs and its video may contain personal data. We may collect, use, disclose, store and keep personal data to carry out the Services, instruct Vendors, keep records, handle disputes, meet legal duties, and for related purposes the Personal Data Protection Act 2012 allows.
32.2 Make sure any personal data you give us was lawfully obtained and lawfully passed to us. That includes data about occupiers and household members. Any disclosure you make to an Authorised Recipient has to comply with that Act too.
32.3 We hold the Report in our third-party reporting system. That system keeps an audit trail and locks a completed Report, so nobody can delete or quietly alter it from inside the Report. The lock is on the Report. The property record that holds it can still be deleted, and clause 33.6 says what deleting it does and does not do. Keeping the Report is not the same as it staying online, because access through the system depends on us keeping a subscription. If that access ends, we still hold the Report and its images for the period in clause 33.1, and we will send you a copy on written request.
33.1 How long we keep the Report. We keep the Report and its images for 6 years after the tenancy it relates to ends, where you have given us that end date in writing. Otherwise we keep them for 6 years from the Inspection Date. If a dispute about the Premises has been notified and is still unresolved when that period ends, we keep the Report until it is resolved. We stop keeping it once that purpose is served and no legal or business purpose is left.
33.2 Transfer outside Singapore. A third-party provider runs the reporting system, and it is not a Singapore entity. The inspection images are stored in the United States, so work on the basis that the Report, its photographs and its video are held there. The transfer is reasonably necessary, because the Report is produced in that system. This paragraph and clause 33.5 are the written summary of protection that the Personal Data Protection Act 2012 and its Regulations require when a transfer runs on your consent. They set out what we know and what we do not. As the contracting party you also have a second, independent route: you are treated as consenting to a disclosure that is reasonably necessary to perform our contract with you. That route does not depend on the summary here. It does not reach an occupier or anyone else who is not a party, which is what clause 33.4 is about. We do not say that United States law protects your data as well as that Act does. Any protection beyond that Act's reach is contractual, and clause 33.5 says how far we have got with it.
33.3 Transfer to Vendors outside Singapore. Where the move is to or from another country, we pass your contact details, the destination address and inventory information to the Vendors handling it and to their counterparts there, and those recipients may be outside Singapore. The transfer is reasonably necessary, because the move cannot be arranged without it. Each Vendor contracts with you directly under clause 11.1 and handles that data under its own terms, which you should read before you accept them. We do not control what a Vendor does with the data once it has it. Accepting this agreement is your consent to that transfer. You may withdraw it in writing at any time, and we will then stop passing data for that move, with clause 9 applying to any cancellation that follows.
33.4 Consent for someone who is not you. Clauses 33.2, 33.3 and 33.5 run on your consent. They cannot take the consent of an occupier or anyone else whose personal data appears in the Report, and you cannot give it for them. If you know the Report will record someone else's personal data, tell us before the inspection. We can then ask that person for their consent, or agree with you how to limit what is recorded. Clause 32.2 still applies.
33.5 We require that provider to do four things: use the data only for the purposes in clauses 32 and 33; keep reasonable security arrangements against unauthorised access, use, disclosure, copying, modification and disposal; tell us without undue delay about any data breach affecting it; and act on a deletion request as far as its system allows. We have asked it to sign a written agreement on those terms, which would also have to name the countries the data may go to, and it has not yet done so. There is a second route that needs nothing signed: a recipient holding a recognised cross-border privacy certification counts as bound by comparable obligations. We do not rely on that today, and we will update this clause if we come to. So we do not claim that protection in the United States matches protection under the Act. Accepting this agreement is your consent to the transfer on that basis. You may withdraw it in writing at any time, and clause 33.6 then applies.
33.6 If you ask in writing for the Report to be removed, then within 30 days we will withdraw online access, stop using and disclosing it, and ask the provider to delete it. We may still keep or produce it where the law requires that or where we need it to defend a claim. We cannot make the provider delete it, and we will tell you what the provider did. Deletion in that system means removal from the provider's online gallery, not destruction of the underlying files. A deleted property can be reinstated, and images may remain inside a PDF report made before the deletion. Once access is withdrawn we no longer supply originals under clause 17.3, or a copy of the Report.
33.7 Withdrawing access does not recall a copy already delivered. A downloaded PDF, a saved image, or a copy you or an Authorised Recipient forwarded stays with whoever holds it, and we have no way to retrieve or disable it.
33.8 Withdrawing access does not disable the image links either. The reporting system serves each photograph and video from its own direct link. Those links have no access control and do not expire, and closing a Report or withdrawing access under clause 33.6 leaves them working. We do not publish them and they cannot be guessed. But anyone who already holds one keeps what it points at until the provider deletes the underlying file, which we can ask for and cannot compel.
33.9 Requests from someone who is not you. An occupier, or anyone else whose personal data appears in the Report, may write to us at hello@movingmanagedsg.com to ask for access to that data under the Personal Data Protection Act 2012, or to have it corrected. We respond as soon as we reasonably can. If we cannot respond within 30 days, we will write inside those 30 days to say when we will. We may charge a reasonable fee for an access request; if we do, we give a written estimate first and will not go above it without writing again. We charge nothing for a correction. That Act stops us giving out data where doing so could reasonably be expected to reveal someone else's personal data, which a photograph of a home often would. Where we can give the data without revealing theirs, we do, and we say what we have left out. Where we refuse a request in whole or in part, we tell the person. After a refusal, that Act requires us to keep a complete and accurate copy of the data we refused, for at least 30 days, and for longer if they take the refusal to the Commission. That duty overrides any request to delete, including one under clause 33.6, for as long as it lasts. An access request also covers how we have used or disclosed that data in the year before the request, and we answer that too. Where we do correct personal data, we pass the correction to any organisation we disclosed it to in the previous year, unless it has no need of it. Clause 19.4 says what happens where we do not make a correction to a Report.
33.10 The person responsible for our compliance with that Act, designated as it requires, is the Founder, at hello@movingmanagedsg.com.
33.11 If personal data is compromised. If we have reason to believe that personal data we hold or control has been subject to unauthorised access, use, disclosure, copying, modification or disposal, or that a device holding it has been lost, we assess it promptly and reasonably, as the Personal Data Protection Act 2012 requires. Where the provider learns of a breach in data it processes for us, that Act already requires it to notify us without undue delay, whatever our contract says, and the duty in clause 33.5 sits on top of that rather than replacing it. If the assessment shows a notifiable data breach, we notify the Personal Data Protection Commission as soon as practicable and in any case no later than 3 calendar days after we make that assessment, and we notify you and any other affected person where that Act requires it. A breach that stays inside our own organisation is not notifiable. We will tell you what happened, what data was involved, and what we have done about it.
34.1 We treat what we learn about you, your household and your home during the engagement as confidential. We will not pass it on to anyone, except:
(a) to carry out the Services, including instructing Vendors;
(b) to an Authorised Recipient under clause 21;
(c) where you agree in writing;
(d) where a court, tribunal or the law requires it; or
(e) to our own professional advisers or insurers, when we take advice or defend a claim.
34.2 This does not cover information that is already public, that we already knew without a duty of confidence, or that we lawfully receive from someone who is free to pass it on.
34.3 We will not use your information, the Report, or any photograph or video of your home for marketing, publicity, a portfolio or a case study without your written consent. You may withdraw that consent at any time for any future use.
34.4 This clause continues after the engagement ends, for as long as the information stays confidential.
A notice under this agreement must be in writing. Send it by email to the address, or by WhatsApp to the number, that the other party gave for the engagement or has since given in writing for notices. Each of us designates that address and that number for this purpose. A notice counts as received once it can be retrieved there, whether or not it has been read.
36.1 Third party rights. Our employees, contractors, representatives and agents may rely on the exclusions, liability limits and indemnities in this agreement that are written for our benefit, as if each of them were us. They may enforce them under the Contracts (Rights of Third Parties) Act 2001.
36.2 Nobody else outside this agreement may enforce any of its terms under that Act.
36.3 We and you may change or cancel this agreement without the consent of anyone covered by clause 36.1.
36.4 Subcontracting and transfer. We may do our work ourselves or through our employees, contractors or agents, without asking you. We may also assign our rights under this agreement to whoever takes over our business. Any assignment will be absolute, in writing and signed by us, and we will give you written notice of it, which is what makes it effective at law. You agree in advance that this agreement can be novated to that successor: they step into our shoes, take on our rights and obligations, and we are released. Because we are a sole proprietorship, the person released is the proprietor named in clause 1.1. The novation takes effect when we give you written notice naming the successor and the date it starts, and that notice must record the successor's agreement to be bound. You may not transfer your rights under this agreement without our written consent first.
36.5 Waiver. If one of us does not enforce a term, or is slow to enforce it, that is not a waiver of that term or any other, and it does not stop them enforcing it later.
36.6 Survival. Any clause meant by its nature to continue after the engagement ends does continue, however it ends. That includes the clauses on who may use the Report, liability, indemnity, personal data, confidentiality, ownership of media, dispute resolution and governing law.
36.7 If part of this does not work. If part of this agreement turns out to be invalid or unenforceable, only that part drops away, cut back as little as possible. Everything else still applies.
36.8 Governing law. Singapore law governs this agreement and any dispute arising from the engagement. Subject to clause 27, the Singapore courts have exclusive jurisdiction.