Short From Conditions of Engagement (T's & C's)

 The Consultant shall perform the Services as described in the attached documents. 

1. Nothing in this Agreement shall restrict, negate, modify or limit any of the Client’s rights under the Consumer Guarantees Act 1993 where the Services acquired are of a kind ordinarily acquired for personal, domestic or household use or consumption and the Client is not acquiring the Services for the purpose of a business. 
2. The Client and the Consultant agree that where all, or any, of the Services are acquired for the purposes of a business the provisions of the Consumer Guarantees Act 1993 are excluded in relation to those Services. 
3. In providing the Services the Consultant shall exercise the degree of skill, care and diligence normally expected of a competent professional. 
4. The Client shall provide to the Consultant, free of cost, as soon as practicable following any reasonable request for information, all information in his or her power to obtain which may relate 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 shall identify any proprietary rights that any other person may have in any information provided. 
5. The Client may order variations to the Services in writing or may request the Consultant to submit proposals for variation to the Services. Where the Consultant considers a direction from the Client, or any other circumstance is a Variation the Consultant shall notify the Client as soon as practicable. 
6. The Client shall pay the Consultant for the Services the fees and expenses at the times and in the manner set out in the attached documents. Where this Agreement has been entered into by an agent (or a person purporting to act as an agent) on behalf of the Client, the agent and the Client shall be jointly and severally liable for payment of all fees and expenses due to the Consultant under this Agreement. 
7. Payment Terms, Late Payment and Default
   1. For consulting services or ongoing work: All invoices issued by the Consultant shall be payable in full by the 20th day of the month following the date of invoice, unless otherwise agreed in writing.
   2. For event waste management services or one-off projects: All invoices shall be payable in full within 7 calendar days of the date of invoice, unless otherwise agreed in writing.
   3. Failure by the Client to make payment by the due date shall constitute a default.
   4. Default interest shall accrue on all overdue amounts from the due date until the date of actual payment at a rate equivalent to the Consultant’s bank overdraft rate plus 2.5% per month, calculated monthly on the outstanding balance.
   5. The Client shall also be liable for all reasonable costs (including legal fees, collection agency fees, and disbursements) incurred by the Consultant in recovering any overdue amounts.
8. For any project where the total value is less than NZD $500 (exclusive of GST), the Consultant reserves the right to request full payment prior to commencement of work. For any project exceeding NZD $500 (exclusive of GST), the Consultant may require a deposit equal to 50% of the total quoted value, or an amount equivalent to one month’s fees (whichever is greater), prior to commencement of work.
9. 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 incurred. 
10. The Consultant shall not be liable to the Client under this Agreement for the Client’s indirect, consequential or special loss, or loss of profit, however arising, whether under contract, in tort or otherwise. 
11. The maximum aggregate amount payable, whether in contract, tort or otherwise, in relation to claims, damages, liabilities, losses or expenses, shall be five (5) times the fee (exclusive of GST and disbursements) with a maximum limit of $NZ500,000. 
12. A minimum notice period of 21 days is required for any cancellations. Failure to provide such notice will result in the invoicing of administrative costs. If the event or service is cancelled within 14 days of the scheduled date, 50% of the quoted price will be charged to cover costs incurred or commitments made. Cancellations made within 24 hours of the event or service will incur the full quoted price. 
13. Without limiting any defences, a Party may have under the Limitation Act 2010, neither Party shall be considered liable for any loss or damage resulting from occurrence unless a claim is formally made on a Party within six (6) years from the completion of the Services. 
14. If either Party is found liable to the other (whether in contract, tort or otherwise), and the claiming Party and/or a Third Party has contributed to the loss or damage, the liable Party shall only be liable to the proportional extent of its own contribution. 
15. The Client hereby grants to the Consultant an unrestricted royalty free license in perpetuity to copy or use any New Intellectual Property (New Intellectual Property) jointly created or prepared by the Parties in carrying out the Services. Intellectual Property owned by a third Party prior to the commencement of this Agreement and Intellectual Property created by a Party independently of this Agreement remains the property of that Party. The ownership of data and information collected by the Consultant and paid for by the Client shall, after payment by the Client, lie with the Client. The Consultant does not warrant the suitability of New Intellectual Property for any purpose other than the Services, or any other use stated in the Agreement. 
16. The Consultant and the Client will be aware of, and comply with, any relevant obligations imposed on them under the Health and Safety at Work Act 2015 (the “Act”). The Consultant has not and will not assume any duty imposed on the Client from time to time pursuant to the Act arising out of this engagement. 
17. The Client may suspend all or part of the Services by notice to the Consultant who shall immediately make arrangements to stop the Services and minimise further expenditure. The Client and the Consultant may (in the event of the other Party being in material default) terminate this Agreement by notice to the other Party. Suspension or termination shall not prejudice or affect the accrued rights or claims and liabilities of the Parties. 
18. The Parties shall attempt in good faith to settle any dispute by mediation. 
19. This Agreement has been adapted from the IPENZ Short Form Agreement for Consultant Engagement 2016 
20. 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.