This page sets out the broad terms and conditions that Utility Consultants prefers to be engaged on.
Principal terms and conditions
The principal terms and conditions will be the IPENZ Short Form model agreement.
Alternative terms and conditions
Utility Consultants will consider alternative terms and conditions, but reserves the right to re-price the work or to decline the work if the proposed alternative terms and conditions would materially reallocate the risks to Utility Consultants detriment.
Variations to scope
In regard to the proposed scope, the client shall note the following:
Utility Consultants reserves the right to request a variation if the client wishes to alter the scope, however minor alterations to any agreed scope may be accommodated by Utility Consultants written agreement if the overall cost of delivery is unchanged.
Unless specifically noted to the contrary by the options proposed, the scope of the proposal specifically excludes such incidental activities as inter alia integrating deliverables into organisational processes, amending processes and practices mentioned in the deliverables, preparing budgets, writing business cases, advocating on the clients' behalf, on-site training, preparation of instruction manuals etc.
Risks to be understood by the client
The nature of many projects undertaken by Utility Consultants includes many complex and interdependent risks. The following risks are noted in regard to this proposal:
Where the deliverable(s) will be used by the client to comply with a statutory obligation, Utility Consultants does not guarantee that compliance will be obtained. The client accepts that while Utility Consultants will use all diligence and skill, including insights gained into the likely outcome of the deliverable's compliance assessment, the statutory body or its advisors will be the final arbiter of compliance.
The client accepts that where the deliverable(s) are integrated into the client's wider organisational processes and practices or where the deliverable(s) form only a part of the client's overall activity, that Utility Consultants Ltd cannot accept responsibility for adverse outcomes due to the entirety of the client's activities.
The client acknowledges that for some projects (inter alia asset management plans) the deliverable will be necessarily incomplete, and will require the client to provide or include additional information such as inter alia component numbers, spend forecasts, process diagrams etc. Utility Consultants cannot accept responsibility for the compliance of the completed document where compliance failure can be reasonably attributed to the quality or integrity of information provided by the client. The options proposed in the proposal will include an estimate of the likely work required by the client to complete the deliverable.
Where Utility Consultants is engaged to prepare a "head line" document such as inter alia an asset management plan, a regulatory proposal or a safety plan, but is not engaged to work on the under-pinning organisational practices and processes (including where another party is engaged to perform such work), Utility Consultants cannot accept responsibility for the standard of those practices or processes, nor for any failure to comply due to those practices or processes.
Information to be provided by the client
In regard to information to be provided by the client, the client shall note the following:
The client shall provide the information free of charge in a form compatible with currently accepted practices eg. Excel, Word, PDF etc.
The completion dates set out in the proposal will be subject to delivery of all requested information in a suitable format.
Any re-work reasonably attributable to any errors of fact in information provided by the client, or in information that the client instructs Utility Consultants to use, will be grounds for a variation to scope. While Utility Consultants will use all reasonable care in reviewing data provided for the client, Utility Consultants accepts no liability for any adverse outcomes resulting from such data.
