Payment Terms

A 50% deposit is required to enable commencement of works due within 7 days of invoice. Upon completion of the works a Tax Invoice will be generated for the remainder and the Budget Estimate will only be released to the Client upon receipt of payment to Attainable Limited. Fees exclude GST and disbursements. Please note additional work and significant changes to the scope will be charged on a time charge basis as per the aforementioned rates.

Late payment shall constitute a default and the Client shall pay the default interest on overdue amounts from the date payment falls due to the date of payment at the rate of 3.5% above the current OCR rate, plus any additional costs associate with actions taken by Attainable Limited to recover the debit.

The Quantity Surveyor shall :

-provide the services with reasonable skill, care and diligence;

-in respect of any work done or information supplied by or on behalf of the Client, report to the Client any errors, omissions and shortcomings of whatever nature of which the Quantity Surveyor becomes aware in the performance of its services or duties under this Agreement;

-indemnify and keep indemnified the Client against all claims, damages, losses or expenses arising out of or resulting from any negligence in or about the conduct of and performance by the Quantity Surveyor of the services under this Agreement;

-without relieving any liability and obligation under the Agreement, at its own cost carry out such works as may be necessary to correct any errors or omissions in its documentation, for which it is responsible.

The Clients obligations :

-supply such information to the Quantity Surveyor at such times as is reasonably required for the performance of the services;

-notify the Quantity Surveyor in writing of any agent appointed to act on behalf of the Client and of any change or dismissal of the agent.

-notify the Quantity Surveyor in writing of any instruction to vary the services.

Confidentiality:

-Neither the Quantity Surveyor nor the Client will, during the term of this Agreement or after its termination, copy, use, disclose or distribute to any person or entity, otherwise than as necessary for the proper performance of the Services under this Agreement, or as required by law, any confidential information which is not in the public domain and which is reasonably regarded by the other party as confidential to it, which the party has become aware of in the course of performing this Agreement;

-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.

Copyright

The copyright in all documents prepared by the Quantity Surveyor in providing the services shall remain the property of the Quantity Surveyor. Subject to payment by the Client of the fees properly due to the Quantity Surveyor under this Agreement the Quantity Surveyor grants to the Client an irrevocable non-exclusive royalty-free licence to copy and use the documents for any purpose related to the project.

Suspension and termination

The Client may terminate the appointment of the Quantity Surveyor under this Agreement by giving 7 days written notice to the Quantity Surveyor, provided always that Client is entitled to terminate the appointment of the Quantity Surveyor only if the fees due under the “Payment Terms” clauses have been settled.

Disputes

If a difference or dispute arises out of this Agreement the Client and the Quantity Surveyor shall attempt to agree a settlement in good faith.

If the difference or dispute is not thus resolved within 14 days of it arising then the matter shall be referred to mediation in accordance with Arbitration Protocol.

Liability

The liability of the Quantity Surveyor whether for breach of this agreement, or for any other cause shall be limited to such sum as three times the value of the Contract based price quoted. 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 any occurrence unless a claim is formally made on a Party within 6 years from completion of the Services. Attainable Ltd shall take out and maintain for the duration of the Services a policy of Professional Indemnity insurance for the maximum amount of $1,000,000 NZD.

Health & Safety

Attainable has a proactive approach to Health and Safety. We are committed to providing a safe work place, complying with the Health and Safety at Work Act 2015 in all aspects of our operations. We have comprehensive Health and Safety training, policies and procedures, of which copies are available on request.

Approval

By signing this document confirms acceptance of this Fee Proposal and subsequently the above terms.