Terms of Engagement
1. The client shall give to Anderson & Co (Otago) Ltd instructions adequate to define the clients requirements. This information shall be provided free of cost and, if required, include a statement on the program and budget.
2. Anderson & Co (Otago) Ltd shall perform the services provided with reasonable skill, care and diligence.
3. The client shall pay to Anderson & Co (Otago) Ltd the Fee and expenses shown in the Agreement for Services, or if no Agreement for Services exists between the client and Anderson & Co (Otago) Ltd, then as invoiced. If the services have been requested by an agent (or a person purporting to act as an agent) on behalf of the client, then the agent and client shall be jointly and severally liable for payment of all amounts invoiced.
4. All amounts payable by the client under this agreement shall be paid within 7 days of rendering of the account(s). Anderson & Co (Otago) Ltd is entitled to interest at the rate of 2% per month on all overdue accounts, together with all costs incurred in securing payment. The client agrees that any Council refund can be used by Anderson & Co (Otago) Ltd to offset any outstanding invoice(s) payable by the client.
5. Anderson & Co (Otago) Ltd may purchase any incidental goods or services that are reasonably required for Anderson & Co (Otago) Ltd to perform the Services. The cost of obtaining such incidental goods or services shall be payable by the client along with a margin of up to 15%, all in addition to the Fee and expenses.
6. Anderson & Co (Otago) Ltd ‘s liability to the client, in respect of any and all claims whether in contract or in tort for any damages, costs, expenses, legal expenses or liability arising out of or in connection with this agreement shall be the less of NZ$100,000.00 or 5 times the Fee (or if no Agreement for Services exists between the client and Anderson & Co (Otago) Ltd, then the amount invoiced less invoiced expenses and incidental goods).
7. Anderson & Co (Otago) Ltd shall maintain professional indemnity insurance for an amount not less than NZ$100,000.00 while providing the Services and for 6 years after completion of the Services. Anderson & Co (Otago) Ltd shall only be liable for the claims, demands, actions or proceedings made or brought within 6 years of the date of invoices.
8. These conditions and any Agreement for Services (and any attachment to any Agreement for Services) constitutes the entire agreement between the parties relating to the Services and, no change shall be binding unless in writing and signed by a duly authorised agent of the party affected. The client may order changes to the Services, which are to be confirmed in writing by Anderson & Co (Otago) Ltd.
9. Either party may terminate an Agreement for Services or postpone the performance of any of the Services on the expiration of 20 working days notice given in writing. Upon such termination or suspension the client shall pay Anderson & Co (Otago) Ltd all amounts owing under any agreement or as invoiced or to be invoiced including any reimbursable expenses and costs that may result in giving effect to the notice of termination.
10. Copyright of all documents and all information or other materials prepared by Anderson & Co (Otago) Ltd remain the property of Anderson & Co (Otago) Ltd. The client may reproduce documents in which Anderson & Co (Otago) Ltd has copyright, as reasonably required in connection with the project relevant to the services but not otherwise unless written authority is obtained from Anderson & Co (Otago) Ltd.
11. Disputes shall first be referred to conciliation for settlement. Unresolved disputes shall be referred to arbitration in accordance with the Arbitration Act 1908.
12. Any agreements or terms of services are governed by New Zealand Law and all amounts are payable in New Zealand dollars.
Note: We reserve the right to vary these terms at any time, without notification. By engaging our services, you are agreeing to our Terms of Engagement.
1. The client shall give to Anderson & Co (Otago) Ltd instructions adequate to define the clients requirements. This information shall be provided free of cost and, if required, include a statement on the program and budget.
2. Anderson & Co (Otago) Ltd shall perform the services provided with reasonable skill, care and diligence.
3. The client shall pay to Anderson & Co (Otago) Ltd the Fee and expenses shown in the Agreement for Services, or if no Agreement for Services exists between the client and Anderson & Co (Otago) Ltd, then as invoiced. If the services have been requested by an agent (or a person purporting to act as an agent) on behalf of the client, then the agent and client shall be jointly and severally liable for payment of all amounts invoiced.
4. All amounts payable by the client under this agreement shall be paid within 7 days of rendering of the account(s). Anderson & Co (Otago) Ltd is entitled to interest at the rate of 2% per month on all overdue accounts, together with all costs incurred in securing payment. The client agrees that any Council refund can be used by Anderson & Co (Otago) Ltd to offset any outstanding invoice(s) payable by the client.
5. Anderson & Co (Otago) Ltd may purchase any incidental goods or services that are reasonably required for Anderson & Co (Otago) Ltd to perform the Services. The cost of obtaining such incidental goods or services shall be payable by the client along with a margin of up to 15%, all in addition to the Fee and expenses.
6. Anderson & Co (Otago) Ltd ‘s liability to the client, in respect of any and all claims whether in contract or in tort for any damages, costs, expenses, legal expenses or liability arising out of or in connection with this agreement shall be the less of NZ$100,000.00 or 5 times the Fee (or if no Agreement for Services exists between the client and Anderson & Co (Otago) Ltd, then the amount invoiced less invoiced expenses and incidental goods).
7. Anderson & Co (Otago) Ltd shall maintain professional indemnity insurance for an amount not less than NZ$100,000.00 while providing the Services and for 6 years after completion of the Services. Anderson & Co (Otago) Ltd shall only be liable for the claims, demands, actions or proceedings made or brought within 6 years of the date of invoices.
8. These conditions and any Agreement for Services (and any attachment to any Agreement for Services) constitutes the entire agreement between the parties relating to the Services and, no change shall be binding unless in writing and signed by a duly authorised agent of the party affected. The client may order changes to the Services, which are to be confirmed in writing by Anderson & Co (Otago) Ltd.
9. Either party may terminate an Agreement for Services or postpone the performance of any of the Services on the expiration of 20 working days notice given in writing. Upon such termination or suspension the client shall pay Anderson & Co (Otago) Ltd all amounts owing under any agreement or as invoiced or to be invoiced including any reimbursable expenses and costs that may result in giving effect to the notice of termination.
10. Copyright of all documents and all information or other materials prepared by Anderson & Co (Otago) Ltd remain the property of Anderson & Co (Otago) Ltd. The client may reproduce documents in which Anderson & Co (Otago) Ltd has copyright, as reasonably required in connection with the project relevant to the services but not otherwise unless written authority is obtained from Anderson & Co (Otago) Ltd.
11. Disputes shall first be referred to conciliation for settlement. Unresolved disputes shall be referred to arbitration in accordance with the Arbitration Act 1908.
12. Any agreements or terms of services are governed by New Zealand Law and all amounts are payable in New Zealand dollars.
Note: We reserve the right to vary these terms at any time, without notification. By engaging our services, you are agreeing to our Terms of Engagement.