Enmore Consultancy Ltd executes orders for clients under the terms of the Standard Association of Consulting Engineers NZ “Short Form Agreement for Consultant Engagement” in April 2016 revised, the text of which is reproduced below. An original version of this agreement is made available to the Client for signature and returned such services to Enmore Consultancy Ltd. The advisor provides the benefits as described in the attached documents. Without any limitation of the defence that a party may have under the Limitation Act 2010, none of the contracting parties is liable for losses or damages resulting from an event, unless a right is exercised on a party within six years of the end of services. The client instructs the advisor to provide the services described above and the advisor undertakes to provide the services for the compensation shown above. Both parties agree to be linked to the determination of the short-type model terms of the undertaking, including clauses 2, 3, 10 and 11 and the changes that could be made below. After the signing, this agreement, along with the above conditions and possible annexes, replaces all or part of the oral agreement previously concluded between the parties. The client makes available to the advisor who, on request, informs himself free of charge and free of charge at the request of information, all the information he must receive and which can relate to the services. Without the client`s prior consent, the advisor cannot use the information provided by the client for purposes that have nothing to do with the services. By providing the information to the advisor, the client ensures compliance with the Copyright Act 1994 and identifies all property rights that any other person may have over the information provided. Intellectual property manufactured or created by the consultant in the execution of services (“new intellectual property”) is jointly owned by the client and the advisor. The client and advisor grant the other person an unrestricted license to copy or use the new intellectual property.
Intellectual property held by a contracting party prior to the commencement of this agreement and the intellectual property created by a party independently of this agreement remain the property of that party. The ownership of the factual data collected by the advisor and paid for by the client belongs to the customer after payment by the client. The advisor does not accept the eligibility of the new intellectual property for purposes other than the services or any other use specified in the agreement. When services are provided on a time-cost basis, the advisor may acquire the goods and/or ancillary services that the advisor reasonably needs to perform the services.