Metric Surveying Limited
Standard Terms of Service
Effective date: 07/07/2026
These Standard Terms of Service apply to all services provided by Metric Surveying Limited unless we agree otherwise in writing.
These terms are intended to set out the basis on which we provide surveying, spatial, scanning, UAV, drafting, modelling, as-built, set-out, construction surveying, land surveying and related professional services.
1. Definitions
In these Terms:
Metric, we, us or our means Metric Surveying Limited.
Client, you or your means the person, company, organisation or other entity that requests, accepts or receives services from Metric.
Services means the surveying, spatial, consultancy, field, office, drafting, processing, UAV, scanning, modelling, as-built, set-out, reporting, certification or related services provided by Metric.
Deliverables means the final documents, plans, drawings, reports, data, CAD files, models, point clouds, survey outputs, certificates or other material issued by Metric to the Client.
Quote means any written quote, proposal, estimate, rates card, fee proposal, email offer, schedule of rates, or other pricing confirmation issued by Metric.
Terms means these Standard Terms of Service.
2. Application and Acceptance
These Terms apply to all Services provided by Metric unless varied by a written agreement signed by Metric.
You are deemed to accept these Terms when you do any of the following:
a. accept a Quote from Metric;
b. issue a purchase order or work order to Metric;
c. request, book or instruct Metric to commence work;
d. allow Metric to attend site or begin providing Services;
e. continue to receive Services from Metric after being referred to these Terms; or
f. pay an invoice issued by Metric.
Where a separate written and signed contract or subcontract applies, that contract will take precedence to the extent of any inconsistency. Otherwise, these Terms apply.
3. Order of Precedence
Unless otherwise agreed in writing, the following order of precedence applies:
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any written contract or subcontract signed by both parties;
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any Metric Quote, proposal or project-specific written scope;
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these Standard Terms of Service;
-
Metric’s current Schedule of Rates.
This approach is intended to allow flexibility where a formal client contract is used, while still protecting Metric where work is undertaken based on rates, email instructions, purchase orders or informal project requests.
4. Scope of Services
Metric will provide the Services described in the relevant Quote, proposal, agreed scope, email instruction, work request or other written confirmation.
Unless expressly stated, the scope excludes:
a. work not specifically described in the Quote or agreed scope;
b. rework caused by design changes, changed instructions or revised information;
c. repeat site visits caused by incomplete works, unavailable access or site delays;
d. council, LINZ, consent, lodgement or third-party fees;
e. legal, planning, engineering or other specialist advice outside Metric’s professional surveying services;
f. preparation of deliverables in formats not agreed in advance;
g. attendance at meetings, hearings, inspections or additional site visits not included in the agreed scope; and
h. additional sign-off, certification or documentation requirements not known at the time of pricing.
Any additional work may be treated as a variation and charged in accordance with these Terms.
5. Client Information, Instructions and Datum
You must provide Metric with all information, instructions, access, design files, control information, datums, permits, inductions, site requirements and other material reasonably required for Metric to perform the Services.
Metric is entitled to rely on information supplied by you, your consultants, contractors, agents, project team members, councils, LINZ or other third parties.
Metric is not responsible for errors, omissions, delays, rework, additional costs, incorrect outputs or other issues arising from information that is inaccurate, incomplete, outdated, misleading, not issued for construction, not current, or not suitable for the intended purpose.
You must promptly notify Metric of any change to the project, design, scope, programme, site conditions, access, control, datum or instructions that may affect the Services.
Where project control, benchmarks, coordinates, datums, design models or digital files are supplied by others, Metric is not responsible for their accuracy unless Metric has been specifically engaged to verify them.
6. Time-at-Rates / Charge-Up Work
Where Services are provided on a time-and-rates basis, all time reasonably spent by Metric in connection with the Services is chargeable.
Chargeable time may include, without limitation:
a. field work;
b. travel to and from site;
c. office calculations;
d. drafting;
e. data processing;
f. UAV or scan processing;
g. point cloud registration and checking;
h. preparation, upload, download and management of data;
i. equipment preparation;
j. quality assurance and checking;
k. meetings, calls and correspondence;
l. project administration;
m. arranging access, inductions or permits; and
n. preparing and issuing Deliverables.
Unless a fixed fee has been expressly agreed in writing, Metric may charge for Services on a time-and-rates basis.
7. Fixed Fee Work
Where Metric agrees to provide Services for a fixed fee, that fixed fee applies only to the scope, assumptions, information and programme on which the fee was based.
A fixed fee may be adjusted or additional charges may apply where:
a. the scope changes;
b. the design changes;
c. the Client’s requirements change;
d. additional site visits are required;
e. supplied information is incomplete, inaccurate or revised;
f. site conditions differ from those reasonably anticipated;
g. access is delayed or unavailable;
h. the project programme changes;
i. deliverable requirements change; or
j. additional work is requested or required.
Unless stated otherwise, a fixed fee does not include GST, disbursements, third-party costs, council fees, LINZ fees, travel, accommodation, consumables or other project expenses.
8. Rates, GST, Minimum Charges and Travel
Unless otherwise stated, all rates and prices are in New Zealand dollars and exclude GST.
Metric’s current Schedule of Rates may include hourly rates, day rates, specialist rates, equipment hire rates, travel charges, minimum charges and other project charges.
Unless otherwise agreed in writing:
a. travel to and from site is chargeable;
b. a minimum charge of 3 hours applies to each site visit;
c. specialist equipment, scanning, UAV, night work, weekend work and public holiday work may attract additional rates; and
d. rates may be reviewed from time to time.
Where a Quote states that pricing will remain fixed for a particular contract or period, those rates will apply for that contract or period only.
Your current rates card already includes these commercial items: GST exclusion, disbursements, consumables, travel, minimum 3-hour site visit, cancellation fee and reference to the ACENZ short form where no subcontract is provided.
9. Cancellations and Postponements
If a confirmed booking, site visit or scheduled work is cancelled, postponed or delayed by the Client, the site, the contractor, weather restrictions, lack of access, incomplete works or any matter outside Metric’s control, Metric may charge for time and costs reasonably incurred.
If a confirmed booking is cancelled or postponed with less than 24 hours’ notice, Metric may charge a cancellation fee equivalent to 2 hours at the applicable rate, plus any non-refundable costs incurred.
If Metric attends site and cannot reasonably perform the Services due to lack of access, unsafe conditions, incomplete works, unavailable client representatives, missing information, site delays or other circumstances outside Metric’s control, Metric may charge for the attendance, travel, waiting time and any required remobilisation.
10. Disbursements, Consumables and Third-Party Costs
Disbursements and third-party costs reasonably incurred by Metric in performing the Services will be charged to the Client.
These may include, without limitation:
a. LINZ search fees;
b. title, survey and property searches;
c. council fees;
d. data fees;
e. printing and plotting;
f. courier and freight costs;
g. parking;
h. flights, accommodation and travel expenses;
i. specialist software or data costs;
j. subcontractor or specialist consultant costs; and
k. other project expenses.
Survey consumables including pegs, stakes, nails, paint, marks, reflectors, targets and similar items may be charged in addition unless supplied by the Client.
11. Variations
Any work outside the agreed scope may be treated as a variation.
Variations may include, without limitation:
a. additional set-out;
b. additional as-built survey;
c. additional site visits;
d. revised design information;
e. revised deliverable requirements;
f. rework caused by changed instructions or design changes;
g. delays or waiting time;
h. work required due to incomplete or inaccurate information;
i. additional council, contractor or client requirements;
j. changes to programme; and
k. requests for additional file formats, models, drawings, reports or certifications.
Metric may charge variations at the applicable hourly rates, day rates or specialist rates unless a separate fee is agreed in writing.
Where practical, Metric will notify the Client if it considers work to be a variation. However, failure to give prior notice does not prevent Metric from charging for additional work reasonably performed.
12. Invoicing and Payment
Unless otherwise stated in the Quote or agreed in writing, payment is due on the 20th of the month following the date of invoice.
Metric may issue invoices weekly, monthly, at project milestones, on completion, or at other reasonable intervals.
The Client must pay all undisputed amounts by the due date.
Payment must be made in New Zealand dollars.
Where a person acts, or purports to act, as agent for the Client, both the agent and the Client may be jointly and severally liable for payment of Metric’s fees and expenses.
The ACE short form uses a similar default payment structure, with amounts due on the 20th of the month following invoice unless otherwise stated, and also provides for suspension, interest and recovery costs where payment is overdue.
13. Overdue Amounts, Interest and Recovery Costs
If any invoice remains unpaid after the due date, Metric may charge interest on the overdue amount from the due date until payment is received.
Unless otherwise stated, interest may be charged at 2% per month or part month on overdue amounts.
If payment remains overdue, Metric may also:
a. suspend further Services;
b. withhold Deliverables, files, data, certificates or reports;
c. decline to attend site;
d. require payment in advance for further work;
e. cancel future bookings; and/or
f. terminate the engagement.
The Client is liable for all reasonable costs incurred by Metric in recovering overdue amounts, including debt collection agency fees, legal costs, court filing fees, process server fees, enforcement costs and administration costs.
Metric may refer overdue accounts to a debt collection agency if payment remains outstanding after written reminder.
Metric may continue to charge interest and recovery costs regardless of whether Services are suspended or terminated.
14. Disputed Invoices
If the Client disputes an invoice, or part of an invoice, the Client must notify Metric in writing before the due date.
The notice must identify:
a. the invoice being disputed;
b. the amount disputed; and
c. the reasons for the dispute.
The Client must pay all undisputed amounts by the due date.
The parties will act reasonably and in good faith to resolve any disputed amount.
The Client must not withhold payment of an entire invoice where only part of the invoice is reasonably disputed.
15. Construction Contracts Act 2002
Where the Services are construction work or related services covered by the Construction Contracts Act 2002, Metric may issue payment claims under that Act.
Where Metric issues a payment claim under the Construction Contracts Act 2002, the Client must respond and make payment in accordance with that Act.
Nothing in these Terms limits any rights or remedies Metric may have under the Construction Contracts Act 2002, including any rights relating to payment claims, payment schedules, adjudication, interest, recovery of costs or suspension of work.
16. Deliverables, Data and Intellectual Property
Metric retains ownership of its pre-existing intellectual property, templates, systems, methods, know-how, calculation processes, software workflows, field records, working files and internal data.
Subject to full payment of all amounts owing to Metric, the Client receives a licence to use the final Deliverables supplied by Metric for the project and purpose for which they were prepared.
Unless otherwise agreed in writing, Deliverables must not be:
a. used for any other project;
b. used for any purpose outside the agreed scope;
c. modified or relied on after modification by others;
d. supplied to third parties for unrelated purposes;
e. used for construction, design, certification or legal purposes beyond the stated scope; or
f. relied on after design, site, datum, control or project conditions have changed.
Metric is not responsible for any use, reuse, alteration, conversion, corruption, misinterpretation or unauthorised reliance on Deliverables by the Client or any third party.
Metric may retain copies of project files, data, working files and Deliverables for its records, insurance, quality assurance, legal and business purposes.
The ACE short form also makes the client’s rights in new intellectual property conditional on payment of amounts owing to the consultant.
17. Electronic Files and Digital Data
Metric may provide Deliverables in electronic formats, including PDF, DWG, DXF, 12d, LandXML, IFC, CSV, LAS, LAZ, E57, RCP, point cloud, machine control, image, model or other digital formats.
Unless expressly agreed, Metric does not warrant that electronic files will be compatible with the Client’s software, systems, versions, settings or workflows.
The Client is responsible for checking electronic files before use and ensuring they are suitable for the Client’s intended purpose.
Where there is any inconsistency between a signed or issued PDF plan/report and editable digital files, the signed or issued PDF plan/report takes precedence unless Metric confirms otherwise in writing.
Metric is not responsible for errors caused by file conversion, scaling, import/export settings, software compatibility, corrupted files, third-party platforms, altered data or use of superseded files.
18. Accuracy, Limitations and Reliance
Survey outputs are prepared for the agreed purpose, scope, tolerance and methodology.
Unless expressly agreed in writing, Metric does not warrant that Deliverables are suitable for any purpose other than the purpose for which they were prepared.
The Client acknowledges that survey methods and outputs may be affected by limitations including, without limitation:
a. vegetation, long grass or ground cover;
b. obstructions;
c. traffic, machinery or site activity;
d. restricted access;
e. line of sight;
f. GNSS conditions;
g. weather;
h. lighting;
i. supplied control quality;
j. supplied design or model quality;
k. datum inconsistencies;
l. point cloud density or registration limitations;
m. UAV photogrammetry limitations;
n. scanner limitations;
o. incomplete or staged construction; and
p. project-specific constraints.
Any stated accuracy applies only to the relevant scope, method, equipment, conditions and information available at the time of survey.
Unless specifically included in the agreed scope, Metric is not responsible for detecting underground services, hidden features, legal boundaries, encroachments, easements, planning restrictions, title issues, geotechnical conditions or engineering defects.
19. UAV, Photogrammetry, Scanning and Point Cloud Services
Where Metric provides UAV, photogrammetry, scanning, SLAM, terrestrial laser scanning, mobile scanning, point cloud or related spatial services, the Client acknowledges that outputs may be affected by site conditions, access, surface type, vegetation, reflectivity, weather, overlap, control, registration quality and processing limitations.
Ground surfaces derived from UAV photogrammetry, scanning or point cloud classification may be inaccurate in areas of heavy vegetation, thick grass, obstructions, water, reflective surfaces, shadow, poor visibility or inaccessible areas.
Unless otherwise agreed, point clouds, models, surfaces and classifications are prepared for general project use only and must not be relied on beyond the stated scope, tolerance or purpose.
20. Site Access, Safety and Readiness
The Client is responsible for ensuring that Metric has safe, lawful and suitable access to the site.
Before work starts, the Client must advise Metric of all known hazards, site rules, inductions, access restrictions, traffic management requirements, permit requirements, underground and overhead service risks, confined space risks, contamination risks and other relevant safety matters.
Metric may refuse to work, suspend work, leave site or decline to enter an area if it reasonably considers that:
a. conditions are unsafe;
b. required inductions, permits or access are not available;
c. suitable traffic management is not in place;
d. the site is not ready;
e. the work cannot be performed safely or efficiently; or
f. the Client has not provided necessary information.
Any resulting delay, waiting time, remobilisation, additional attendance or cost may be charged to the Client.
Metric does not assume the Client’s duties under the Health and Safety at Work Act 2015 or any site-specific duties owed by the Client, principal contractor, PCBU, landowner or occupier.
The ACE short form similarly states that the consultant does not assume duties imposed on the client under health and safety legislation.
21. Client Responsibilities
The Client is responsible for:
a. providing clear and timely instructions;
b. providing accurate and current information;
c. confirming the required scope and deliverables;
d. ensuring site access is available;
e. ensuring the site is safe and ready;
f. arranging traffic management where required;
g. arranging permits, inductions and approvals where required;
h. advising Metric of hazards and site restrictions;
i. reviewing Deliverables promptly after issue;
j. notifying Metric promptly of any concerns;
k. paying invoices by the due date; and
l. ensuring Deliverables are used only for the intended purpose.
22. Programme and Delays
Metric will use reasonable endeavours to meet agreed timeframes.
Unless expressly agreed in writing, any programme or delivery date is an estimate only and is not a guaranteed completion date.
Metric is not liable for delay caused by matters outside its reasonable control, including but not limited to:
a. weather;
b. site access issues;
c. traffic management delays;
d. unsafe site conditions;
e. client or contractor delays;
f. design changes;
g. incomplete or inaccurate information;
h. equipment failure;
i. illness or staff unavailability;
j. public holidays or shutdown periods;
k. third-party delays; or
l. events beyond Metric’s reasonable control.
Where delays occur, Metric may adjust the programme and charge for additional time, costs, remobilisation or rework where reasonable.
23. Consumer Guarantees Act
Where the Client acquires the Services for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply to the maximum extent permitted by law.
Nothing in these Terms limits any rights that cannot lawfully be excluded.
The ACE short form includes a similar Consumer Guarantees Act exclusion for services acquired for business purposes, while preserving rights where services are acquired for personal, domestic or household use and not for business purposes.
24. Limitation of Liability
Metric will provide the Services with the degree of skill, care and diligence reasonably expected of a professional surveying consultant providing similar services.
To the maximum extent permitted by law, Metric’s total aggregate liability arising out of or in connection with the Services, whether in contract, tort, negligence, equity, statute or otherwise, is limited to the lesser of:
a. five times the fees paid to Metric for the relevant Services, excluding GST and disbursements; or
b. NZD $500,000.
Metric is not liable for:
a. indirect loss;
b. consequential loss;
c. special loss;
d. loss of profit;
e. loss of revenue;
f. loss of opportunity;
g. loss of production;
h. delay costs;
i. holding costs;
j. financing costs;
k. penalties or liquidated damages imposed by others;
l. loss arising from use of Deliverables for an unintended purpose;
m. loss arising from inaccurate or incomplete information supplied to Metric; or
n. loss arising from changes to the project, site, design, datum or conditions after the Services are performed.
Metric is liable only to the extent that loss is directly caused by Metric’s breach of these Terms or negligence.
If the Client, its contractors, consultants, agents or any third party contributed to the loss, Metric’s liability is limited to the proportional extent of Metric’s own contribution.
The ACE short form uses a liability cap of five times the fee, with a minimum of $100,000 and maximum of NZD $500,000, and excludes indirect, consequential and special loss. The wording above follows that same general commercial approach but should be lawyer-reviewed before publishing.
25. Insurance
Metric will maintain professional indemnity insurance and other insurance that Metric considers appropriate for the Services it provides.
The existence of insurance does not increase Metric’s liability beyond the limits set out in these Terms.
26. Suspension and Termination
Metric may suspend or terminate Services if:
a. the Client fails to pay an overdue invoice;
b. the Client fails to provide required information, access or instructions;
c. the site is unsafe or unsuitable;
d. the Client requires Metric to act unlawfully, unprofessionally or outside appropriate professional standards;
e. the scope changes materially;
f. the Client breaches these Terms; or
g. Metric reasonably considers that continuing the Services is not appropriate.
The Client remains liable for all Services performed and costs incurred up to suspension or termination, including reasonable demobilisation, remobilisation, administration and recovery costs.
Suspension or termination does not affect any rights or obligations that have already accrued.
27. Withholding Deliverables
Metric may withhold Deliverables, files, certificates, reports, plans, models, data or other outputs until all overdue amounts have been paid.
The Client’s right to use Deliverables is conditional on full payment of all amounts owing to Metric in relation to the relevant Services.
28. Non-Solicitation of Staff
Unless Metric agrees in writing, the Client must not knowingly solicit, employ or engage any Metric employee or contractor who has been involved in providing the Services.
This restriction applies during the project and for 6 months after completion of Metric’s Services.
This clause does not prevent the Client from employing a person who responds to a general public advertisement not specifically targeted at Metric staff.
29. Confidentiality
Each party must keep confidential any confidential information received from the other party, except where disclosure is required for the purpose of performing the Services, obtaining professional advice, complying with law, or enforcing these Terms.
Metric may disclose relevant project information to its employees, contractors, insurers, professional advisers, debt collection agencies and legal advisers where reasonably necessary.
30. Privacy
Metric may collect, hold and use personal information for business purposes, including communicating with the Client, providing Services, issuing invoices, managing accounts, complying with legal obligations and recovering debts.
Metric may disclose personal information where reasonably necessary to employees, contractors, professional advisers, insurers, debt collection agencies, legal advisers, regulators or other parties involved in the Services.
31. Marketing and Project Reference
Unless the Client advises otherwise in writing, Metric may refer to the project name, general nature of the Services and non-confidential project information for internal business, capability statements, tender submissions and marketing purposes.
Metric will not knowingly disclose commercially sensitive or confidential Client information in public marketing material without consent.
32. Force Majeure
Metric is not liable for any failure or delay in performing Services caused by events beyond its reasonable control.
Such events may include natural disasters, extreme weather, fire, flood, pandemic, illness, government restrictions, site shutdowns, strikes, supply chain issues, equipment failure, utility failure, cyber incidents, traffic disruption, or other events beyond Metric’s reasonable control.
33. Dispute Resolution
The parties will first attempt to resolve any dispute in good faith through direct discussion between senior representatives.
If the dispute is not resolved, either party may refer the dispute to mediation.
Nothing in this clause prevents Metric from taking steps to recover unpaid invoices, refer overdue accounts to debt collection, issue payment claims, commence adjudication under the Construction Contracts Act 2002, or seek urgent legal relief.
34. Governing Law
These Terms are governed by the laws of New Zealand.
The New Zealand courts have jurisdiction in relation to any dispute arising out of or in connection with these Terms or the Services.
The ACE short form also provides that the agreement is governed by New Zealand law, New Zealand courts have jurisdiction, and amounts are payable in New Zealand dollars.
35. Changes to These Terms
Metric may update these Terms from time to time.
The Terms applying to a particular engagement will be the version in force at the time the Client accepts a Quote, instructs Metric to proceed, or Metric commences the Services, unless otherwise agreed.
36. Contact
For questions about these Terms, please contact:
Metric Surveying Limited
Email: office@metricsurveying.co.nz
Phone: 021 422 548
Website: metricsurveying.co.nz