NZIER terms of engagement for contract research

The following standard terms and conditions of engagement apply to all NZIER contract research unless other terms are agreed before the work starts between NZIER and the client.

Confidentiality: NZIER undertakes to accord the research the degree of confidentiality required by the client.

Public Statement: If the client, or any other person, makes a public statement, which mentions NZIER, and which is based on but contradictory to the research findings, NZIER reserves the right to advise all parties of the actual findings.

Disclaimer: While NZIER will use the highest professional standards of analysis and all reasonable endeavours in undertaking the work and producing the report to ensure the information is as accurate as practicable, the Institute, its contributors, employees, and Board shall not be liable (whether in contract, tort (including negligence), equity or on any other basis) for any loss or damage sustained by any person relying on the work whatever the cause of such loss or damage.

Liability: In the event that the exclusion of NZIER’s liability set out above is held inapplicable or unenforceable, NZIER’s liability under or in connection with, or arising out of any use, reproduction or modification of the work (by the client of any other person) is limited to the contract fee paid by the client for the work.

Fees and costs: All fees and other costs will be stated as net of GST. All fees and costs are payable in New Zealand dollars unless agreed otherwise by NZIER.

Increase in the cost of research fee: Any increase to the agreed original research fee will be subject to the agreement of the client and any such agreement will be confirmed by email or in writing.

Recovery of net disbursements: In addition to the agreed research fee, NZIER will bill to the client the cost of photocopying, printing, purchase of data, the cost of any sub consultants, travel and accommodation and time costs for support staff plus any other reasonable disbursements incurred on behalf of the client.

Interim Billing: All work with an agreed research fee of more than $25,000 will be billed in stages as the work is completed.

Terms of Payment: Payment is required on all invoices in full and within 14 days of the invoice date.

Arbitration: If there is a dispute between NZIER and the client in relation to this Agreement, or any other matter arising from it, the Parties will in good faith in the first instance use their best endeavours to resolve the dispute themselves. If they cannot resolve it then they agree to explore whether it can be resolved by an alternative resolution technique. If the dispute still remains unresolved both parties agree to refer the matter to arbitration by a sole arbitrator under the provisions of the Arbitration Act 1996.

Legal basis for Agreement: This agreement is governed by New Zealand Law, and the New Zealand courts have jurisdiction in respect of this Agreement.