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Terms and Conditions

BIG ESTIMATE LIMITED TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES

1. APPLICATION
    • Unless otherwise agreed in writing by Big Estimate Limited (Consultant), the following terms (Terms) will apply in respect of the provision of any services by the Consultant to any client who uses the Consultant’s services (Client) (Services). The Client acknowledges that the supply of all Services by the Consultant will be subject to these Terms.
    • If there is any inconsistency between a provision of these Terms and any provision in any other written agreement between the Client and the Consultant, the provisions will apply in the following descending order of priority:
      • the provisions in any written agreement between the Client and the Consultant; and
      • these Terms, provided that these Terms will prevail over any other terms and conditions stipulated by the Client or included as part of any of the Client’s documentation unless such other terms are expressly acknowledged and agreed to in writing by the Consultant.
    • The Consultant may amend these Terms at any time. The amended Terms will apply in respect of any Services that are carried out by the Consultant following the date the amended Terms are notified to the
    • The parties acknowledge and agree that the Consultant’s agreement to provide the Services to the Client, and the Client’s agreement to procure the Services is on a non-exclusive basis.
2. ORDERS
    • The Client will place orders with the Consultant for the supply of Services by the Consultant from time to time (Order). The form of any Order will be as directed by the Consultant from time to time. Each Order will constitute an offer by the Client which will only be accepted by the Consultant by written confirmation of the Order to the Client or by the performance by the Consultant of the Order.
    • The Consultant may, in relation to any Order, accept the Order or decline to accept the Order in whole or in part, in its sole discretion.
    • Unless otherwise agreed by the parties, the parties acknowledge that any report prepared by the Consultant at the request of the Client will be delivered to the Client (by provision of an online link to download the Report or by such other method as specified by the Consultant) immediately upon payment of the Price by the Client.
 3. PRICE AND PAYMENT
    • The price payable for the Services supplied by the Consultant to the Client (Price) will be:
      • the price agreed between the parties at the time the Order is accepted; or
      • in the absence of any agreement between the parties, the Consultant’s standard prices applicable for the Services at the time the relevant Order is accepted by the Consultant.
    • Unless otherwise agreed by the parties, the Price will be payable by the Client immediately before the provision of any Report or when any such Report is ready and available to be downloaded by the Client (Due Date).
    • Unless expressly stated in writing, all amounts quoted by the Consultant will be deemed to exclude GST. GST will be payable by the Client at the same time as the Price and in addition to the Price.
    • If the Client fails to pay any amount due to the Consultant on or before the relevant Due Date, the Consultant may charge 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% and in addition to the costs of any actions taken by the Consultant to recover the debt.
    • Any Price submitted by the Consultant to the Client is subject to alteration by the Consultant, in its sole discretion, at any time prior to acceptance by the Client.
4. REFUNDS
    • Any claim by the Client that any Services supplied do not correspond to the relevant Order, or that any Services received are defective, must be made in writing to the Consultant within a reasonable period after the performance of the relevant Services.
    • If a claim is made by the Client in accordance with clause 4(a), the Client will afford the Consultant a reasonable opportunity to investigate the reason for that claim. Subject to verification by the Consultant, the Consultant may in its sole discretion either re-perform the relevant Services provided to the Client or will otherwise provide a refund of the Price paid by the Client in relation to the Services to which any claim
5. NO WARRANTIES
    • Except as expressly set out in writing by the Consultant in respect of any Services, the Consultant makes no representation, warranty or undertaking (whether express or implied) in relation to any To the maximum extent permitted by law, all such representations, warranties and undertakings are negatived and excluded, including but not limited to, the provisions of the Consumer Guarantees Act 1993, sections 9, 12A, 13, and 14(1) of the Fair Trading Act 1986 and Part 3 of the Contract and Commercial Law Act 2017.
    • judgment as to the suitability or otherwise of the Services for any purpose that was not expressly set out in the Order.
6. INDEMNITY AND LIMITATION OF LIABILITY
    • The Client will indemnify the Consultant at all times against any loss, damage or costs suffered or incurred by the Consultant as a direct or indirect result of a breach by the Client of any of its obligations under these Terms (including without limitation all dishonour fees, debt collection, collection agency costs and legal costs on a solicitor/client basis).
    • Notwithstanding any contrary provision contained in these Terms or elsewhere, the maximum liability of the Consultant to the Client under or in connection with these Terms or in relation to any Services will be limited at the Consultant’s sole option to:
      • re-performing the relevant Services; or
      • the refund of the Price actually paid by the Client for the Services in respect of which any claim is made.
    • Nothing expressed or implied in these Terms will confer any liability on the Consultant for any consequential, indirect or special loss, damage, cost or expense suffered or incurred by the Client as a direct or indirect result of a breach by the Consultant of any of its obligations under these
7. INTELLECTUAL PROPERTY
    • The Client acknowledges that all intellectual property (including any pre- existing intellectual property) prepared or created by the Consultant in carrying out the Services and provided to the Client as a deliverable (including any Report) (Intellectual Property) will be owned by the The Consultant grants to the Client a non-exclusive royalty- free license to use the Intellectual Property in any Report solely in connection with the purpose for which the Report was prepared. The Client agrees that it will not disclose to any person, use for itself, or use to the detriment of the Consultant a copy of any Report or any Intellectual Property which it obtained during or incidental to the performance of Services, except to the extent permitted by the Consultant. Without limiting the effect of this clause, the Client may only disclose the Report and any Intellectual Property to its officers, employees or professional advisers, on a “need to know” basis. The Clients’ rights in relation to the Report and any Intellectual Property are conditional upon the Client having paid all amounts due and owing to the Consultant in accordance with clause 3.
    • The Client will defend and indemnify the Consultant (and its directors, employees and agents) against any cost (including legal fees) or expense arising from any claim, suit, action or proceeding that the use of any materials supplied by the Client under these Terms infringes a third party’s intellectual property rights.
8. CANCELLATION OR SUSPENSION
    • Notwithstanding any other provision set out in these Terms, the Consultant reserves the right to refuse to accept any Order from the Client and to cancel or suspend the provision of any Services to the Client in its sole discretion at any time and without liability to the Client.
    • The Client acknowledges that upon acceptance of any Order for the provision of Services by the Consultant, the Client will be bound by that Order and will not be entitled to terminate, rescind or cancel any Order placed with the Consultant, without the Consultant’s prior written
9. GENERAL
    • These Terms are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand courts in respect of all matters relating to these Terms.
    • The Consultant and the Client each acknowledge that these Terms, and any other agreement agreed in writing between the parties, contain the entire understanding and agreement between them and that there have been no representations made by either party to the other except as expressed in these Terms.
    • If any provision of these Terms is found to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected.
    • The Client may not assign, subcontract or hold on trust for any third party any of its rights under these Terms without the prior written consent of the Any change of control of the Client will be deemed to be an assignment for the purposes of this clause.
    • Where two or more persons or entities are listed as being the Client, both parties will be jointly and severally liable for the payment of all amounts owing by the Client to the Consultant.