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Engineering New Zealand Short Form Agreement

The client shall make available to the advisor free of charge, as soon as possible after a request for information, all the information to be obtained in his power and which may relate to the services. The advisor may not use the information provided by the client without the client`s prior consent for purposes that are not related to the services. By providing the information to the advisor, the client ensures compliance with the Copyright Act 1994 and identifies any property rights that another person may have in the information provided. Where the services are provided on a temporary basis, the consultant may acquire the services that are reasonably necessary for the provision of the services. The cost of purchasing these products and/or ancillary services is the responsibility of the customer. The consultant shall keep records clearly indicating the time and costs incurred. The client instructs the advisor to provide the services described above and the advisor undertakes to provide the services for the aforementioned remuneration. Both parties agree to be bound in determining the conditions of the abbreviated type (to the other), including clauses 2, 3, 10 and 11 and all amendments listed below. After signature, this Agreement, together with any conditions and Annexes, shall replace any or all oral agreement previously concluded between the Parties. Both model form agreements have been revised and new iterations have been published and are available for use.

The intellectual property prepared or established by the Consultant during the provision of the Services (“New Intellectual Property”) is a property shared between the Client and the Consultant. The client and the advisor thus grant the other an unlimited free license for the permanent reproduction or use of a new intellectual property. Intellectual property, which was the property of a party before the commencement of the agreement and intellectual property created by a party independently of that agreement, remains the property of that party. Ownership of factual data and information collected by the consultant and paid for by the client belongs to the client after payment by the client. The Advisor does not guarantee the suitability of the new intellectual property for any purpose other than the Services or any other use mentioned in the Agreement….