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TERMS AND CONDITIONS

Please read and agree to our terms and conditions below 

Scope of Work

This scope of work is to assess the carbon emissions associated with your organisation. Your activities will be reported on using ISO 14064-1 (2018) and GHG Protocol: A Corporate Accounting and Reporting Standard. This assessment will measure total emissions for one year (TBC Financial/Calendar) and highlight opportunities to reduce the greenhouse gas (GHG) emissions for the company.

This first year will serve as the base year for future assessments. This assessment will also assist to set emission reduction targets for the following years.

Boundary of the Work

The assessment boundary is considered to be: all of the GHG emissions from your operations or activities over which you have operational control (Scopes 1 and 2).

Information to be Provided by Client

(Our software can help with data collection)

  • Fuel consumption and electricity usage for the reporting period

  • Water usage, waste and freight information

  • Away travel including flights and accommodation

  • Any refrigerant top ups (air conditioners and fridges)

  • Working from home employee information

  • Staff commute information

  • Key contact for information

  • Other relevant information which will be business specific

 

We will provide further guidance and forms to be filled in to assist with gathering this information.

Outputs

  • A report detailing the carbon emissions profile for your organisation and highlight opportunities to reduce the emissions.

  • The report will assist your organisation to set their emission reduction targets.

  • ‘Carbon Reduce’ logo for marketing purposes.

Assumptions/Exclusions

The accuracy of the results will be dependent on the information provided by the Client.

Conditions of Engagement

The Client engages the Consultant to provide the Services described in this Offer of Service and the Consultant agrees to perform the Services for the remuneration provided. Both Parties agree to be bound by the provision of the Short Form Conditions of Engagement. Once paid, this agreement, together with the conditions and any attachments, will replace all or any oral agreement previously reached between the Parties.

Short form Condition of Engagement

  1. The Consultant shall perform the Services as described in the attached documents.

  2. Nothing in this Agreement shall restrict, negate, modify or limit any of the Client’s rights under the Consumer Guarantees Act 1993 where the Services acquired are of a kind ordinarily acquired for personal, domestic or household use or consumption and the Client is not acquiring the Services for the purpose of a business.

  3. The Client and the Consultant agree that where all, or any, of the Services are acquired for the purposes of a business the provisions of the Consumer Guarantees Act 1993 are excluded in relation to those Services.

  4. In providing the Services the Consultant shall exercise the degree of skill, care and diligence normally expected of a competent professional.

  5. The Client shall provide to the Consultant, free of cost, as soon as practicable following any request for information, all information in his or her power to obtain which may relate to the Services. The Consultant shall not, without the Client’s prior consent, use information provided by the Client for purposes unrelated to the Services. In providing the information to the Consultant, the Client shall ensure compliance with the Copyright Act 1994 and shall identify any proprietary rights that any other person may have in any information provided.

  6. The Client may order variations to the Services in writing or may request the Consultant to submit proposals for variation to the Services. Where the Consultant considers a direction from the Client or any other circumstance is a Variation the Consultant shall notify the Client as soon as practicable.

  7. The Client shall pay the Consultant for the Services the fees and expenses at the times and in the manner set out in the attached documents. Where this Agreement has been entered into by an agent (or a person purporting to act as an agent) on behalf of the Client, the agent and the Client shall be jointly and severally liable for payment of all fees and expenses due to the Consultant under this Agreement.

  8. All amounts payable by the Client shall be paid within twenty (20) working days of the relevant invoice being mailed to the Client. Late payment shall constitute a default, and the Client shall pay default interest on overdue amounts from the date payment falls due to the date of payment at the rate of the Consultant’s overdraft rate plus 2.5% per month, or part thereof, calculated monthly on the outstanding balance, and in addition the costs of any actions taken by the Consultant to recover the debt.

  9. Where Services are carried out on a time charge basis, the Consultant may purchase such incidental goods and/or Services as are reasonably required for the Consultant to perform the Services. The cost of obtaining such incidental goods and/or Services shall be payable by the Client. The Consultant shall maintain records which clearly identify time and expenses incurred.

  10. The Consultant shall not be liable to the Client under this Agreement for the Client’s indirect, consequential or special loss, or loss of profit, however arising, whether under contract, in tort or otherwise.

  11. The maximum aggregate amount payable, whether in contract, tort or otherwise, in relation to claims, damages, liabilities, losses or expenses, shall be five (5) times the fee (exclusive of GST and disbursements) with a maximum limit of $NZ500,000.

  12. 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 occurrence unless a claim is formally made on a Party within six (6) years from the completion of the Services.

  13. The Consultant shall take out and maintain for the duration of the Services a policy of Professional Indemnity Insurance for the amount of liability under Clause 11. The Consultant undertakes to use all reasonable endeavours to maintain a similar policy of insurance for six (6) years after the completion of the Services.

  14. If either Party is found liable to the other (whether in contract, tort or otherwise), and the claiming Party and/or a Third Party has contributed to the loss or damage, the liable Party shall only be liable to the proportional extent of its own contribution.

  15. The Client and Consultant hereby grant to the other an unrestricted royalty free license in perpetuity to copy or use any New Intellectual Property (New Intellectual Property) jointly created or prepared by the Parties in carrying out the Services. Intellectual Property owned by a third Party prior to the commencement of this Agreement and Intellectual Property created by a Party independently of this Agreement remains the property of that Party. The ownership of data and factual information collected by the Consultant and paid for by the Client shall, after payment by the Client, lie with the Client. The Consultant does not warrant the suitability of New Intellectual Property for any purpose other than the Services or any other use stated in the Agreement.

  16. The Consultant and the Client will be aware of, and comply with, any relevant obligations imposed on them under the Health and Safety at Work Act 2015 (the “Act”). The Consultant has not and will not assume any duty imposed on the Client from time to time pursuant to the Act arising out of this engagement.

  17. The Client may suspend all or part of the Services by notice to the Consultant who shall immediately make arrangements to stop the Services and minimise further expenditure. The Client and the Consultant may (in the event of the other Party being in material default) terminate this Agreement by notice to the other Party. Suspension or termination shall not prejudice or affect the accrued rights or claims and liabilities of the Parties.

  18. The Parties shall attempt in good faith to settle any dispute by mediation.

  1. This Agreement has been adapted from the IPENZ Short Form Agreement for Consultant Engagement 2016 – Dated February 2019

     

    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.

Once you have read the 'offer of service' and 'short form condition of engagement', and you agree please click below.

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