The Consultant shall perform the Services as described in the attached documents.
In providing the Services the Consultant shall exercise the degree of skill, care and diligence normally expected of a
competent professional.
The Client shall provide to the Consultant, free of cost, as soon as practicable following any request for information, all
information in his or her power to obtain which may pertain to the Services. The Consultant shall not, without the Client’s
prior consent, use information provided by the Client for purposes unrelated to the Services. In providing the information to
the Consultant the Client shall ensure compliance with the Copyright Act 1994 and its amendments and shall identify any
proprietary rights that any other person may have in any information provided.
The Client may order variations to the Services in writing or may request the Consultant to submit proposals for variation to
the Services.
The Client shall pay the Consultant for the Services the amount of fees and expenses at the times and in the manner set out
in the attached documents. Where this Agreement has been entered by an Agent (or person purporting to act as Agent) on
behalf of the Client, the Agent and Client shall be jointly and severally liable for payment of all accounts due to the
Consultant under this Agreement.
All amounts payable by the Client shall be paid within twenty (20) working days of the relevant invoice being mailed to the
Client. Late payment shall constitute a default, and the Client shall pay default interest on overdue amounts from the date
payment falls due to the date of payment at the rate of the Consultant’s overdraft rate plus 2% and in addition the costs of
any actions taken by the Consultant to recover the debt.
Where services are carried out on a time charge basis, the Consultant may purchase such incidental goods and/or Services as
are reasonably required for the Consultant to perform the Services. The cost of obtaining such incidental goods and/or
Services shall be payable by the Client. The Consultant shall maintain records which clearly identify time and expenses
The Consultant shall only be liable to the Client, in contract or in tort, for direct loss or damage suffered by the Client as the
result of a breach by the Consultant of his or her obligations under this Agreement.
Neither the Client nor the Consultant shall be considered liable for any loss or damage resulting from any occurrence unless a
claim is formally made on him or her within six years from completion of the Services.
10. The Client may suspend all or part of the Services or terminate the Agreement by notice to the Consultant who shall
immediately make arrangements to stop the Services and minimise further expenditure. Suspension or termination shall not
prejudice or affect the accrued rights or claims and liabilities of the Parties.
11. The Consultant shall retain intellectual property/copyright in all drawings, specifications and other documents prepared by
the Consultant. The Client shall be entitled to use them or copy them only for the Works and the purpose for which they are
intended. The ownership of data and factual information collected by the Consultant and paid for by the Client shall, after
payment by the Client, lie with the Client. The Client may reproduce drawings, specifications and other documents in which
the Consultant has copyright, as reasonably required in connection with the project but not otherwise. The Client shall have
no right to use any of these documents where any or all of the fees and expenses remain payable to the Consultant.
12. The Consultant has not and will not during the term of this Agreement or at any time after it, assume any obligation as the
Client’s Agent or otherwise which may be imposed upon the Client from time to time pursuant to the Health and Safety in
Employment Act 1992 (“the Act”) arising out of the engagement. The Consultant and the Client agree that, for the purpose
of the Act, the Consultant will not be the person who controls the place of work in terms of the Act.
13. Disputes shall first be referred to conciliation for settlement.
14. This Agreement is governed by the New Zealand law, the New Zealand courts have jurisdiction in respect of this Agreement,
and all amounts are payable in New Zealand dollars.
15. Terms and conditions of trade can be found online at
W2 LIMITED + P O BOX 130 111 + CHRISTCHURCH + NEW Z EALAND + 03 366 0966 + WWW.W2.CO.NZ