Terms & Conditions

  1. The Architectural Designer will perform the Services described in the attached documents using the degree of skill, care and diligence reasonably expected of a professional consultant providing services similar to the Services.
  2. The Client will provide, free of charge, all reasonable information, assistance and cooperation to enable the Architectural Designer to carry out the Services and warrants that all information provided by the Client will be accurate and complete.
  3. The Client may request variations to the Services. Any variations to this Agreement or the Services will only be valid if recorded in writing and agreed between the parties. The Architectural Designer will use reasonable endeavours to agree variations and if the Architectural Designer agrees to the variations, the Architectural Designer will be entitled to charge for any additional services required. Where the Architectural Designer considers that any direction or instruction from the Client constitutes a variation to the Services, the Architectural Designer will notify the Client.
  4. The Client will pay the Architectural Designer for the Services in accordance with the attached documents along, with any resource consent or building consent fees. Unless otherwise specified elsewhere in this Agreement, the Architectural Designer may invoice the Client monthly, and the invoices will be payable within 10 working days of this invoice.
  5. Interest will be paid by the Client on any unpaid amount at the rate of 1.5% per month compounded monthly from the due date for payment until payment in full. The Client shall also meet any debt recovery costs incurred by the Architectural Designer, including legal costs on a solicitor/client basis.
  6. Without limiting any of the Architectural Designer’s rights under the Construction Contracts Act 2002, the Architectural Designer may suspend performance of the Services and withhold the Design where any amounts invoiced remain unpaid and overdue under this Agreement. If the Architectural Designer wishes to suspend Services it will provide at least two Working Days’ notice to the Client. The Architectural Designer will not be liable for any losses incurred by the Client due to such suspension. The Architectural Designer will promptly lift any suspension following payment in full of any outstanding fees by the Client.
  7. The Architectural Designer’s liability for breach of this Agreement will be limited to any reasonably foreseeable claims, damages, liabilities, losses or expenses caused directly by the breach. The Architectural Designer’s liability will be reduced to the extent of any contribution to the loss or damage by any act or omission of the Client. In no circumstances will the Architectural Designer be liable to the Client for any indirect, consequential or special loss or loss of revenue or profit, whether in contract, tort or otherwise.
  8. To the extent permitted by law, the maximum aggregate amount of the Architectural Designer’s liability to the Client (whether in contract, tort or otherwise) will be the lesser of $250,000.00 or five times the Fee payable under this Agreement.
  9. Without limiting any defences under the Limitation Act 2010 or any other legislation, the Architectural Designer shall not be liable for any loss or damage occurring more than six years from the date on which the Services are completed.
  10. The Architectural Designer agrees that it will hold professional indemnity insurance cover for a sum of not less than $250,000.00, and public liability insurance for a sum not less than $1,000,000.00.
  11. The Architectural Designer has not and will not assume any duty imposed on the Client under the Health and Safety at Work Act 2015. Unless otherwise agreed between the parties in writing, the Architectural Designer will have no authority to direct any person on the Client’s land other than its own employees or any other person at the Client’s land at the request of the Architectural Designer.
  12. All intellectual property rights prepared or created by the Architectural Designer in providing the Services (“New Intellectual Property”) will be owned by the Architectural Designer. The Architectural Designer grants to the Client a non-exclusive, non-transferrable licence to use the New Intellectual Property limited to use on the Client’s property for which the New Intellectual Property was created. The licence to use the New Intellectual Property is subject to the Client complying with its obligations under this Agreement, including payment of all invoices. Any intellectual property rights owned by either party prior to the performance of the Services or entry into this Agreement remains the property of that party.
  13. The Client may terminate this Agreement at any time by giving written notice to the Architectural Designer. The Architectural Designer may terminate this Agreement by notice in writing to the Client where the Architectural Designer reasonably considers that there has been a breakdown in the working relationship between the Architectural Designer and the Client.
  14. If either party terminates this Agreement, the Client must immediately pay the Architectural Designer for all Services (calculated based on time charges where applicable or otherwise on a fair and reasonable basis) provided to the date of termination.
  15. Where any dispute arises between the parties to this Agreement, the parties will first attempt to resolve such dispute by good faith discussions.
  16. The Client must credit the Architectural Designer or its representative in any form of promotional material relating to the Services or the Project.
  17. The Architectural Designer may use its designs, drawings and photographic images for the Architectural Designer’s professional and promotional purposes, including for the purposes of industry award entries, provided that the Client’s name or exact address of the Site will not be disclosed in conjunction with such use without the Client’s consent.
  18. The parties agree that where the Services are provided for the Client’s business purposes, the Consumer Guarantees Act 1993 is not applicable to the Services.
  19. The parties agree that this is a construction contract for related services for the purposes of the Construction Contracts Act 2002 and that Act (insofar as it is applicable to the Services) will apply to this Agreement.