Terms and Conditions
- Unless specifically stated in our correspondence with you, our invoices will include an additional 3% of the invoice amount to cover reasonable disbursements as well as administrative tasks following documentation lodgement to a maximum of 2 hours. Our fees exclude attendance at meetings (other than any mentioned in the scope of works you have received), affected party consultation, any administration time exceeding 2 hours, or any time spent satisfying Council’s requests for additional information. Any work outside the scope given to you will be charged at hourly rates, available on request.
- For the purposes of setting our fees, we usually assume that resource consent applications are not publicly notified and/or do not go to a Council hearing. If this situation emerges, then we will provide a fee for the preparation and presentation of expert evidence.
- A resource consent may impose specific engineering conditions on your development that may not be obvious at the beginning of the engagement process. Once we have had a chance to review the conditions, we may need to amend the scope of the engineering work we are offering, and the fees for completing this work.
- Landscape plans will identify the general location and types of specimen trees, as well as generic ground cover. Unless specifically allowed for in our correspondence, our fees do not include the creation of detailed landscape plans specifying individual plantings, nor do they include the creation of 3D renders.
- Our survey fees do not cover rework to fix any issue that was generated by a third party. For example, our fee to certify a building location assumes that the foundation is being constructed in the correct location.
- Our fees do not include the Council’s, or any other party’s fees. These will be payable by you directly.
- Baseline Group CLS Ltd or Baseline Marlborough Ltd (the Consultant) has not and will not assume any duty imposed on the Client pursuant to the Health and Safety at Work Act 2015 (“the Act”) in connection with the Agreement.
- The Client or Consultant may suspend all or part of the Services by notice to the other party who shall immediately make arrangements to stop the Services and minimise further expenditure. The Client and the Consultant may (in the event the other Party is in material default that has not been remedied within 14 days of receiving the other Party’s notice of breach) either suspend or terminate the Agreement by notice to the other Party. If the suspension has not been lifted after 2 months the Consultant has the right to terminate the Agreement and claim reasonable costs as a result of the suspension. Suspension or termination shall not prejudice or affect the accrued rights or claims and liabilities of the Parties.
- The Parties shall attempt in good faith to settle any dispute by mediation.
Payment Terms and Engagement Procedure
Baseline Group CLS Ltd or Baseline Marlborough Ltd will issue an invoice for the work carried out in the preceding work period. This may be an interim invoice if the work has not yet been completed, or alternatively an invoice for the full fee may be presented if the work is at least 90% complete. All invoices are due for payment on or before the date shown on the invoice as “Due Date”. Invoice disputes shall be raised prior to the invoice due date, otherwise they are deemed to be undisputed. Any amount in dispute shall not be subject to late payment fees. Amount not in dispute shall be paid by the due date.
Late payment shall constitute a default and 7 days after the invoice is due, any outstanding debt will incur a 2% late payment fee. This fee will be added monthly on the outstanding balance, plus any costs of collection including our administration time to collect any debt.
Limit of Liability
The maximum aggregate amount payable, whether in contract, tort or otherwise, in relation to claims, damages, liabilities, losses or expenses, shall be five times the fee (exclusive of GST and disbursements) with a maximum limit of $NZ500,000.
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.