Terms of Engagement
1. Introduction
These Terms of Engagement (“Terms”) govern the relationship between New Zealand Property Practice Ltd trading as Aamsko (“Aamsko”, “we”, “us”, “our”) and you, the client (“you”, “your”), for the provision of our consultancy services. By engaging our services, you agree to be bound by these Terms.
2. Scope of Services
2.1. Aamsko provides specialist consultancy services, including but not limited to:
Leaky building investigation and remediation advice
Project management of construction contracts
Quantity surveying services
Building surveys and forensic testing of joinery and cladding systems
Diagnosis of building conditions and documentation of water ingress causes
Development of remediation solutions
Oversight of contractors performing remediation work
2.2. The specific services to be provided will be outlined in our engagement letter or proposal.
3. Professional Standards
3.1. We will perform our services with due care, skill, and diligence, in accordance with applicable professional standards and New Zealand law.
3.2. Our advice and services are provided solely for your benefit and must not be relied upon by any third party without our prior written consent.
4. Client Responsibilities
4.1. You agree to provide us with all necessary information, instructions, and access to premises and personnel to enable us to perform the services.
4.2. You are responsible for ensuring that any third-party contractors engaged to perform remediation work adhere to the scope and specifications provided by us.
5. Limitation of Liability
5.1. Aamsko shall not be liable for any failure or defects in remediation work performed by contractors not appointed and managed by us, even if such work is based on our scope and specifications.
5.2. To the maximum extent permitted by law, our total liability to you in connection with our services shall be limited to the amount of fees paid by you for the services giving rise to the claim.
6. Fees and Payment
6.1. Our fees are payable immediately upon invoicing.
6.2. A retainer of 50% of the estimated fees is payable prior to the commencement of our services.
6.3. Late payments shall incur interest at a rate of ASB Overdraft plus 2% per month and may be subject to additional administration charges.
6.4. All fees are exclusive of Goods and Services Tax (GST) and any disbursements or expenses incurred on your behalf.
7. Termination
7.1. Either party may terminate the engagement by providing written notice to the other party.
7.2. Upon termination, you shall pay us for all services rendered and expenses incurred up to the date of termination.
8. Confidentiality
8.1. We will treat all information obtained from you as confidential and will not disclose it to any third party without your consent, except as required by law.
9. Intellectual Property
9.1. All intellectual property rights in any materials or documents created by us in the course of providing our services shall remain our property.
9.2. You are granted a non-exclusive, non-transferable licence to use such materials for the purposes for which they were provided.
10. Governing Law
10.1. These Terms are governed by the laws of New Zealand.
10.2. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the New Zealand courts.