This agreement governs the provision of utility consulting and project management services by Infracert ("we", "us", or "Infracert") to the person, company, or organization named in our engagement documentation ("you"). By requesting or accepting our services, you agree to be bound by the following terms:
- Business Purposes
You acknowledge that the services are acquired by you for business purposes only. To the fullest extent permitted by New Zealand law, all warranties, guarantees and representations implied by statute, trade, custom or otherwise are expressly excluded.
- Nature of Services
Our services are intended to provide professional support in utility consulting and project management, including but not limited to utilities specific advising, design, cost estimation, underground service indication, construction support, coordination with relevant authorities, and general project oversight. Any service we provide, including interpretations of third-party plans or data, are advisory in nature and must not be solely relied upon for operational decision-making or excavation without appropriate verification.
- Limitations and Accuracy
Our recommendations, findings, or data interpretations are based on information provided by third parties (e.g., councils, service providers) and/or the tools and methods employed by Infracert. These may not reflect the current, complete, or exact location or condition of utility assets or underground services. Accordingly:
- The tools and methodologies we use are indicative only and do not guarantee the detection or precise location of any utility.
- Any plans or documentation provided by others are to be treated as historical or approximate and may not reflect recent changes or updates.
- You must verify all locations and depths of underground services by manual excavation (e.g., hand digging or hydro excavation) prior to any mechanical excavation.
- Limitation of Liability
Infracert shall not be liable for any damage to, or disturbance of, any underground service, or for any injury, loss or consequence resulting from such damage or disturbance, whether suffered by you or any other person or organization. This includes, but is not limited to, operators, contractors, service providers, councils, utility owners, or customers.
You agree to indemnify and hold harmless Infracert and all of its employees, officers, agents, and contractors from any claims, losses, liabilities or damages arising directly or indirectly from the services provided.
- Maximum Liability
Without prejudice to the above, if Infracert is found liable in contract, tort (including negligence) or otherwise, its liability shall be limited to the the amount actually paid by you to Infracert for the relevant services.
Under no circumstances shall Infracert be liable for any indirect, consequential, or special loss, including but not limited to loss of profit, revenue, business, or anticipated savings.
- Third-Party Protections
The limitations, exclusions and indemnities set out in this agreement extend to and apply for the benefit of all employees, agents, officers and subcontractors of Infracert.
- Entire Agreement
This document constitutes the entire agreement between you and Infracert in relation to the services provided. You acknowledge that no representation, warranty, or statement not expressly contained in this agreement has been made or relied upon by you.
- Governing Law
This agreement shall be governed by the laws of New Zealand. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the New Zealand courts.