Terms and Conditions of Business

The following terms govern all orders placed by the client and shall be incorporated into each and every contract entered into between the Client and Campbell Tyson Cooper White Limited (“the Company”) for the supply of the project.

 

1.           Price    

 

a.	The price shall be increased by the amount of GST except where expressly included in the Quotation/Proposal given.
b.	Alterations to any price shall be effective from the date specified at the time of giving notice to the Client.

 

2.           Payment

 

a.	Unless expressly provided otherwise in the Quotation/Proposal, payment in full will be due on the delivery of the relevant invoice.
b.	In all circumstances The Company retains ownership of the project until complete payment is made.
c.	If the Client defaults on payment The Company may charge a default penalty at 18% per annum, calculated on a daily basis on the unpaid portion of the price from due date until payment in full.
d.	If a credit or debt collection agency is required to obtain payment any costs charged by the agency in the course of collection of outstanding monies owed by the Client, including commissions will be on charged and paid by the Client.

 

3.           Use of Information

 

a.	The Client agrees that The Company may use any information it has about the Client relating to their credit worthiness and give that information to any other person, including any credit or debt collection agency for credit assessment and debt collection purposes.
b.	The Company agrees that other information gathered about the Client is to remain confidential to The Company and is not to be disclosed to third parties except for the purpose of undertaking the project.
c.	If the Client is an individual, the Client has rights under the Privacy Act 1993 to access and request the correction of any personal information that The Company holds about the Client.

 

4.           Cancellation

 

a.	The Client agrees to inform The Company when they wish to cancel an appointment, giving at least 48 hours prior notice. Failure to do so may incur a cancellation fee calculated at 50% of the value of the appointment, plus GST.

 

5.           New Zealand Institute of Chartered Accountants (NZICA) requirements

 

a.	The nature of the assignment will be agreed upon between the Company and the client before work is commenced.
b.	The Company is subject to a requirement for general purpose financial statements to be prepared in accordance with generally accepted accounting practice in New Zealand and if compliance with generally accepted accounting practice does not result in a true and fair view of the financial information, additional explanations will be required to achieve that result.
c.	The management of the Client is responsible for the accuracy and completeness of the accounting records and other information supplied to the member, and for the reliability, accuracy and completeness of the financial information compiled on the basis of those records and information.
d.	The Client is required to ensure the information to be supplied and confirmation that any other information that the Company considers necessary to complete the engagement will be supplied on a timely basis.
e.	The Client acknowledges that the engagement cannot be relied upon to disclose internal control weaknesses, errors, illegal acts or other irregularities (e.g. fraud or non-compliance with laws and regulations applicable to the entity).
f.	The Company will inform the appropriate level of management of the Client or those charged with governance of the entity, as appropriate, of any matters that come to the Company’s attention in the course of performing any compilation engagement which cause the member to believe or suspect that errors or misstatements, illegal acts or other irregularities exist, either in relation to the entity or the financial information that is the subject of the engagement.
g.	The Client will stipulate the intended use and distribution of the information once compiled, including expected use of the information by third parties, in writing where it differs from clause 6.b. below.
h.	The Company confirms that the independence of the Company from the Client or the appointing party is not a requirement for an engagement to compile financial information.
i.	The Company confirms that access to the entity’s records and information in the Company’s possession which support the Company’s working papers relating to the Client’s affairs may be required by the Institute for the purpose of the Institute’s quality assurance function.
j.	The Company confirms that any working papers prepared by the Company in relation to the engagement are the Company’s property.

 

6.           Disclaimer of Liability – Compilation Work

 

a.

A compilation is limited primarily to the collection, classification and summarisation of financial information supplied by the client. A compilation does not involve the verification of that information. The Company has not carried out an audit or a review assignment on the compilation material and therefore neither the Company nor its employees accept any responsibility for the accuracy of the materials from which the monthly accounts have been prepared.

b.

Further, the compilation has been prepared at the request of and for the purpose of the client only and the Company accepts no responsibility on any ground whatever, including liability for negligence, to any other person.

 

7.           Quotes/Proposals

 

a.	A Quotation/Proposal by the Company is based on the current price for the project (based on the Company performing the work during normal working hours).
b.	The quote shall not be binding on the Company unless the Client has accepted the Company’s quote within 21 days from the date of the Company’s quote.
c.	The Company shall not be responsible for any errors or omissions caused by the mutilation or incorrect transmission contained in a facsimile message, electronic mail or other means of transmission in which the Client has accepted the Company’s quote.

 

8.           Variations

 

a.	Any requested variation to the project or work covered by the Company’s Quotation/Proposal must be notified in writing by the Client.  If the Company agrees, the Company’s Quotation/Proposal and the Price will be adjusted accordingly. If a variation is agreed after the Contract is formed, the Contract and the Price will be adjusted accordingly.
b.	Should the Client request the Company to complete the work under urgency, the Price may be adjusted by the Company.
c.	The Price will be adjusted to reflect any extra cost or expense incurred by the Company because of any instruction received from the Client or any action or inaction on the part of the Client.

 

9.           Contract

 

a.	These Terms shall be read subject to the express terms and conditions contained in the Company’s Quotation/Proposal.
b.	If there is a conflict between the Client’s order and the Company’s confirmation of order (including these Terms), the Company’s confirmation of order (including these Terms) will prevail.
c.	An agent or representative of the Company is not authorised to make any representations, warranties or agreements that a senior executive of the Company has not confirmed in writing.  The Company is not bound by unauthorised statements.  Unauthorised statements cannot form a contract, or part of a contract, collateral to the Contract.
d.	The rights, powers and remedies provided for in the Contract (including these Terms) are in addition to, and do not limit or exclude (or otherwise adversely affect), any right, power or remedy provided to the Company by law.
e.	The Client’s obligation to pay amounts (other than the Price) to the Company under these Terms shall be continuing and separate obligations which will survive termination of the contract and payment of the Price.

 

10.        Additional Experts

 

a.	The Company reserves the right to utilise the services of outside organisations in order to undertake the project.
b.	The cost of the outside organisations will be disbursed to the client.

 

11.        Loss Liability

 

a.

The Company shall be under no liability to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Company of these terms and conditions of trade.  Any claim against the Company shall be limited to the invoice value of the project.

 

12.        Waiver And Severability

 

a.

All the rights, powers, exemptions and remedies of the Company remain in force despite any neglect, forbearance or delay in enforcing them.  The Company will not be considered to have waived any right, power, remedy or condition unless the waiver is in writing under signature of either the Company or an authorised officer.  The waiver applies only in a particular transaction, dealing or matter unless the Company agrees otherwise.

 

13.        Compliance With Laws

 

a.

The Company will comply with all legislation, codes and standards specified in the contract and the Company is under no liability for a failure to meet any other legislation, codes or standards.  If, after the Contract Date, there are any changes in legislation, codes or standards with which the Company must comply, then the Client agrees to reimburse or pay to the Company an amount equal to any additional costs incurred by the Company relating to such compliance.

 

14.        Assignment And Change Of Name Etc

 

a.	The Client may not assign any of the Client’s rights or obligations under the contract without the Company’s prior written consent.
b.	The Company may assign any of the Company’s rights under the contract without the Client’s consent.
c.	The Client must give the Company (addressed to the Company Secretary) not less than 14 days’ prior written notice of any proposed change in the Client’s name and/or any other change in the Client’s details (including, but not limited to, changes in the Client’s address, facsimile number, trading name or business practice).

 

15.        Trustee Liability

 

a.

If the Client is a trust, the contract will bind each trustee of that trust and each trustee personally.  The Company’s rights against each trustee will only be limited if the trustee is an independent trustee (not being a trustee who has a right to or interest in any of the assets of the trust).  However, this shall not affect the liability of an independent trustee who has guaranteed, in his or her personal capacity, the Client’s obligations under the contract.

 

16.        Review Of Terms

 

a.	The Company reserves the right to review any of these Terms at any time and from time to time.  If, following any such review, there is any change to these Terms that change will take effect from the date on which the Company gives notice to the Client of such change.

 

17.        Two Or More Contracts

 

a.

Where, at any time, there is an Amount Owing under two or more contracts, the Company may apply a payment made by the Client under the contract in such manner (including in such order and to any amounts owing to the Company, including under another Contract) as the Company thinks fit (despite any direction to the contrary and whether before or after any default by the Client).  The security interest provided for by these Terms and created by the Contract also secures the Amount Owing under any other Contract, and each Contract (and these Terms) shall be construed accordingly.

 

18.        Governing Law

 

a.	The Contract and these Terms are governed by the law of New Zealand.

 

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