Standard Engagement Terms & Conditions
1. Introduction
These terms (sections 1 – 20 inclusive) together with our Engagement letter will apply to all work Bendall Advisory undertakes for you on this engagement.
2. Our Services
Bendall Advisory will provide the services set out in our engagement letter (the “services “) and will use apply all reasonable commercial efforts to deliver against these commitments to an appropriate professional standard.
3. Conflicts of Interest
Except as disclosed in any proposal or the engagement letter, Bendall Advisory is not aware of any conflicts of interest. We will advise you promptly of any potential conflict situation and seek a suitable solution.
4. Your Obligations
You agree to pay for the Services in accordance with this agreement and agree:
- To provide us with all necessary information and access to staff, records and systems, and premises on a timely basis;
- That Bendall Advisory will be entitled to rely on the accuracy of information provided;
- That you shall be responsible for the use of, and reliance upon, any advice or recommendation we provide.
5. Confidentiality
Both parties agree to hold any information of a proprietary or confidential nature in strictest confidence and not to divulge to any other party unless required by law or judicial process.
6. Our Working Papers & Client Documents
Working papers which are not an integral part of any end product remains the property of Bendall Advisory. If we are provided with custody of any documents, then they will be returned at end of the engagement unless otherwise agreed and we will be entitled to retain copies.
7. Ownership
We shall retain ownership of the copyright and all other intellectual property rights in the product of the Services and ownership of our working papers. You shall acquire ownership of any end product of Services on payment of all charges due to us.
8. Staff
You agree that during the provision of the Services, you will not make any Bendall Advisory director, partner or employee involved in provision of the Services, an offer of employment without prior consultation. We reserve the right to make a charge a reasonable fee based on the proposed remuneration.
9. Benefit Of Advice
Any advice or opinion is provided solely for you benefit and no other. Reliance should only be placed on written advice from us. Should you wish to rely on oral, draft or interim advice then contact us to obtain necessary documentary confirmation. We will not be responsible for updating any Information provided post final reporting.
10. Fees, Rates, Expenses & Payments Terms
Fees and rates quoted will remain in force until 1 April or 1 October unless otherwise stated in the proposal or Engagement letter. Out of pocket expenses will be charged to you as a separate charge unless otherwise agreed. If GST is payable on any supply under this agreement, then the fee payable will be increased accordingly. Invoices are to be paid within 7 days of submission. We reserve the right to charge a fee for late payment and debt collection.
11. Problem Resolution
Any problems or complaints should be reported to the Bendall Advisory engagement partner who will seek to resolve this promptly. If the problem cannot be resolved, then you agree to enter mediation or another appropriate form of dispute resolution before any legal proceeding. Where fees remain unpaid, we reserve the right to suspend provision of the Services.
12. Termination of Agreement
Each of us can terminate this agreement if:
- The other commits any material or persistent breach of obligations;
- The other becomes insolvent;
- The services are suspended for more than 30 working days.
13. Limitation Of Liability
Our entire liability under this engagement (whether arising out of a claim under contract, tort, negligence or otherwise) is limited to the total amount paid to us for this engagement. We will not be liable for special, incidental or indirect damages, or for any economic loss or consequential damages.
14. Indemnities
You agree to indemnify Bendall Advisory for any claim by a third party arising from or connected to any breach by you of your obligations under this agreement or in relation to information provided by you that is false, misleading or incomplete.
15. Health & Safety
Each party will take all reasonable steps to ensure the health and safety of Bendall Advisory employees during the period of this engagement. We agree to comply with your Health & Safety requirements during this engagement.
16. Inclusivity Statement
Bendall Advisory is committed to treating all people equally and with respect irrespective of their age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex, or sexual orientation.
17. Privacy
We will take all reasonable steps to ensure compliance with the Privacy Act 2020.
18. Governing Laws and Jurisdiction
This agreement is governed by the laws applicable to New Zealand. Any disputes will be under the exclusive jurisdiction of the courts of New Zealand.
19. Variations
No variation of this agreement will be valid unless confirmed in writing by authorized signatories for each party.
20. Entire Agreement
These terms and the Engagement letter are the only communications governing our relationship.
