All Quotations are provided in New Zealand dollars and remain valid for 30 days from the date of issue unless otherwise stated. A Quotation is not a binding contract until it has been accepted in writing by the Client. Pipe Intel reserves the right to withdraw or amend a Quotation at any time prior to written acceptance by the Client.
Where unforeseen Site conditions are encountered that materially affect the scope or the cost of the Services, Pipe Intel will notify the Client promptly and provide a revised Quotation before proceeding. The Client acknowledges that a Quotation is based on rates and conditions at the time of issue and any material increase in the cost of providing Services or materials may be charged to the Client at Pipe Intel's discretion.
The scope of Services will be as described in the accepted Quotation or any written variation agreed between us and the Client. Any additional works requested by the Client that fall outside the agreed scope will be subject to a separate Quotation or variation order.
Pipe Intel will perform all Services:
Our Services will be considered to have been completed when, in respect of:
The Client agrees to:
We accept no liability for delays, additional costs, or deficiencies in the Services arising from the Client's failure to meet these obligations.
Unless otherwise agreed in writing, Pipe Intel's invoices are payable within 20 Working Days of the invoice date, without any set-off, deduction or counterclaim whatsoever. Payment is to be made by direct bank transfer to the account details shown on the invoice. Unless we state otherwise, our Quotations and any estimates of cost do not include goods and services tax (GST). GST is also charged as and when required by law.
Pipe Intel reserves the right to charge interest on overdue amounts at a rate of 2% per month, calculated from the due date until payment is received in full. Pipe Intel also reserves the right to suspend its Services where invoices remain unpaid beyond the due date.
All Reports and deliverables are prepared solely for the benefit of the Client and the purpose for which they were commissioned. They must not be relied upon by, or disclosed to, any third party without Pipe Intel's prior written consent. Pipe Intel assumes no duty of care or responsibility to any third party.
Reports reflect the condition of the asset at the time of inspection only. Pipe Intel makes no representation as to conditions that may develop after the date of inspection. You acknowledge that Pipe Intel is not responsible for defects not visible or discoverable at inspection, and Pipe Intel makes no guarantee that all defects will be identified through its Services.
Digital files and video footage will be delivered in Pipe Intel's standard formats (i.e. PDF and/or video files). Requests for alternative formats may be subject to additional charges.
All intellectual property in the Reports, video footage, data, methodologies, and other deliverables produced by Pipe Intel remains the absolute property of Pipe Intel. Upon full payment by the Client for the Services, Pipe Intel grants the Client a non-exclusive, non-transferable licence to use the intellectual property in the Report and any other deliverables solely for the purposes for which they were commissioned.
Unless otherwise agreed in writing directly with the Client, to the extent permitted by law, Pipe Intel's total liability to the Client in respect of any claim arising out of or in connection with the Services shall not exceed the greater of (i) the total fees paid by the Client for the relevant Services giving rise to the claim, or (ii) the amounts actually recovered by Pipe Intel under any policy of insurance in relation to the claim.
Under no circumstances will Pipe Intel be liable for any indirect, consequential, special, or punitive loss or damage, including loss of profits, loss of data, or loss of opportunity, whether arising in contract, tort, or otherwise.
Nothing in these Terms limits liability for death or personal injury caused by Pipe Intel's negligence, or for any other liability that cannot be excluded by law.
The Client shall indemnify Pipe Intel against any loss, damage, cost, or liability (including solicitor/client costs basis) arising from inaccurate or incomplete information provided by the Client, or from the Client's failure to meet its obligations under clause 4. Such indemnity extends and shall apply to all employees, officers, agents, and contractors of Pipe Intel.
If the Client is acquiring services for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply, to the extent permitted by law.
To the extent permitted by law, Pipe Intel shall not be liable for any loss or damage resulting from or in connection with the Services unless a claim is formally made by the Client within 12 months after the date of the act or omission on which the claim is based.
Pipe Intel will not be liable to the Client for any failure to fulfil its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including in relation to Site access issues, equipment failure, or in relation to any Force Majeure Event.
Pipe Intel is committed to maintaining the highest standards of health and safety. Our staff will comply with all applicable health and safety legislation and any Site-specific requirements notified by the Client in advance.
The Client must ensure the Site is safe for Pipe Intel personnel to enter and work. If Pipe Intel determines that a Site poses an unacceptable risk to its personnel, it reserves the right to suspend or withdraw from the Services without liability until the risk has been appropriately managed.
The Client may cancel or postpone Services by providing written notice to Pipe Intel. Cancellations made less than 48 hours before scheduled commencement may be subject to a mobilisation and preparation fee as specified in the Quotation.
Any variation to the agreed scope of Services must be agreed in writing by both parties prior to the variation works commencing.
Both parties agree to keep confidential any proprietary or sensitive information disclosed by the other party in connection with the Services. This obligation does not apply to information that is publicly available, required to be disclosed by law, or already known to the receiving party.
In the event of a dispute arising from these Terms or the Services, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved within 20 Working Days, before commencing legal proceedings, either party may serve a notice on the other detailing matters of dispute and requiring that the matter be referred to mediation by a single mediator. Either party may initiate mediation, the costs of which shall be shared equally by the parties.
These Terms are governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the New Zealand courts.
These terms of engagement are effective from [date]. We may update these Terms from time to time. Any change we make applies from the date the updated Terms are posted on our website.
For any queries regarding these Terms, please contact: