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STANDARD CONDITIONS OF ENGAGEMENT
Our Obligation To You
Staig & Smith Ltd, including all subsidiary companies as may exist, shall perform the services relating to the project in an efficient, effective and professional manner exercising the degree of skill, care and diligence normally exercised by consultants in similar circumstances.
Information
The Client shall provide to Staig & Smith Ltd, free of cost, as soon as practicable following request for information, all information in his or her power pertaining to the services to be rendered. The Client agrees that the information is accurate and correct.
The Client authorises Staig & Smith Ltd to collect, retain and use such personal information necessary to complete the services, including the information contained in this agreement, for the purposes of assessing the Client’s credit worthiness, administering Staig & Smith Ltd’s rights against the Client or marketing any services provided by Staig & Smith Ltd.
The Client may ask his or her Consultant, to see any personal information which Staig & Smith Ltd have about the Client and may ask to correct any information that is not correct.
Our Charges and Payment
Staig & Smith Ltd shall be entitled to charge the Client fees which shall be fair and reasonable in respect of the services rendered. These charges shall be based on the degree of responsibility and skill involved and the time necessary to undertake or complete any work subject to a premium in respect of urgency.
Staig & Smith Ltd will issue monthly invoices and any other notices to the latest postal or preferably, email address that the Client provides us. The Client agrees to advise us in writing about any change to his or her mailing address to PO Box 913, Nelson, 7040 or enquiries@staigsmith.co.nz.
Payment of the invoice is due within fourteen (14) days of the invoice date.
In the event of payment not being made by the due date, Staig & Smith Ltd reserve the right to suspend or terminate our contract; charge interest at the rate of 2% per month on any overdue balance, withhold lodging of dataset with Land Information New Zealand, or take such steps as we feel necessary to recover the outstanding balance. Staig & Smith Ltd is also entitled to recover from the Client all legal and other costs incurred by us, arising from the collection of any outstanding amounts owing or late payment, non-payment or other breach of these terms, by the Client.
Payment of all application and lodgement fees or any other similar disbursements required in order for Staig & Smith Ltd to carry out this engagement for the Client are the responsibility of the Client and once authorised for payment by Staig & Smith Ltd shall be paid direct by the Client to the organisation concerned. In the event, however, that Staig & Smith Ltd are for any reason required to make any payments on behalf of the Client they will be entitled to a service fee for doing so and any such outstanding accounts will bear interest on the same terms as in the previous clause.
Our Liability to You
The Client undertakes that the liability of Staig & Smith Ltd shall be limited to direct loss or damage arising from proven negligence of Staig & Smith Ltd in the performance of its services on this engagement. Such loss or damage shall not include loss or damage arising by reason of any delay in completion of the project, loss of profits or any indirect or consequential loss of any nature.
The liability of Staig & Smith Ltd in respect of its services shall be limited to the lesser of five times the value of the fees or the sum of $100,000. Staig & Smith Ltd or any of its employees shall not be liable to the Client for any loss or damage resulting from any occurrence unless a claim is formally made to Staig & Smith Ltd within six years from the date of completion of the services.
The Client agrees that the following people have no liability to him or her or any third party either in contract or tort for work or services provided as part of our service: Our employees, contractors and representatives; any person who provides any service which is part of our services, and their employees, contractors and representatives. The Client agrees that we have no liability to him or her or any third party either in contract or tort arising out of or in connection with our services apart from: our promise not to charge the Client for our services which are not of a satisfactory quality and any right the Client may have under the Consumer Guarantees Act.
The Client shall indemnify Staig & Smith Ltd against the adverse effects of all claims including such claims by third parties which arise out of or in connection with the Agreement and are made after the expiry of the period of liability referred to above.
It is acknowledged and agreed by the Client and Staig & Smith Ltd that where the Client acquires the services of Staig & Smith Ltd for the purposes of a business then the guarantees and the right of redress contained in the Consumer Guarantees Act 1993 shall not apply to the supply of services hereunder.
Cancelling or Varying This Contract
The Client may postpone all or part of the services or terminate this agreement by notice to Staig & Smith Ltd in writing who shall immediately make arrangements to stop the services and minimise further expenditure. Staig & Smith Ltd will be entitled in that event to payment of fees and other job costs up to the effective date of postponement or determination and such other fees or costs as are incidental to the orderly termination of the engagement. Postponement or termination shall not prejudice or affect accrued rights or claims and liabilities of the parties.
Staig & Smith Ltd may terminate the engagement in the event that the Client fails to make prompt payment of fees or other payments but will not do so unless the Client is consistently overdue with payments and Staig & Smith Ltd has given not less than one month’s notice of their intention to cancel the engagement for that reason and Staig & Smith Ltd continues to be entitled to payment of all fees and job costs up to the effective date of that postponement or termination and such other fees and costs incidental to the orderly termination of the engagement.
The Client may order variations to the services in writing and may require Staig & Smith Ltd to make proposals for variations to the services.
Copyright
Staig & Smith Ltd shall retain copyright of all documents it has prepared. The Client shall be entitled to use them or copy them for the purposes of the services. The ownership of data and factual information collected by Staig & Smith Ltd and paid for by the Client shall, after payment by the Client, lie with the Client. Subject to specific arrangements storage of this data and factual information will be provided by Staig & Smith Ltd at no cost to the Client but Staig & Smith Ltd retains the right to use it at its own discretion. The Client shall have no right to use any of the documents where any or all of the fees and expenses payable to Staig & Smith Ltd have not been paid in accordance with this agreement.
Dispute Avoidance/Resolution
Should the Client be dissatisfied with our services he or she is invited to contact their Consultant who will investigate their concern and make every effort to deal with the cause of the Client’s dissatisfaction. At any time the Client can also ask for Staig & Smith Ltd’s Managing Director to review any complaint he or she may have. Any outstanding dispute between Staig & Smith Ltd and the Client shall be referred in the first instance to mediation. If we fail to reach full agreement at mediation any unresolved matters shall be referred to arbitration in accordance with the Arbitration Act 1996. In the event of assisted dispute resolution being sought by either party, the protocols of the Arbitrators & Mediators Institute of New Zealand shall apply, and the parties shall be liable to share costs equally (subject to an award of costs which may follow an arbitration). If either party refuses to take part in any dispute resolution process requested by the other party within 10 working days of notice of a dispute being issued, the claimant may proceed directly to arbitration to establish their claim.
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