Five-use 2-year licence to adapt NZS 3910:2023
For permission to adapt NZS 3910:2023 Conditions of contract for building and civil engineering construction under strict terms
Note: This is a licence to adapt NZS 3910:2023 and not a recommended method for purchasing the standard itself.
By purchasing this licence, the purchaser is deemed to have accepted and agreed to be bound by the terms and conditions set out in the licence. It is highly recommended that the licence terms are read and understood prior to purchase. They can be found here.
The licence provides further detail on the following terms and conditions:
- The licensee may adapt contracts for up to five construction projects during the two-year term.
- On each adapted contact a standard attribution must be included, quoting the licence number provided.
- Any change made in the general conditions of contract to the NZS 3910:2023 original must be clearly identifiable, whether by strikethrough, marginal notation, highlighting, outlining, underlining, emboldening, tracked changes or similar, so that the changes are immediately evident to all parties to the contract.
Please contact copyright@standards.govt.nz for further information or to request other types of licence.
NZS 3910:2023 provides a standard form of general conditions of contract for incorporation into construction contract documents. It enables the parties to the contract to quickly establish contractual arrangements that deliver a wide variety of building and civil engineering projects. Contracts based on this standard will be comprehensive but at the same time easy to understand and will reflect fair-risk allocation between the parties. The standard contains essential commercial provisions aligned with the requirements of the Construction Contracts Act 2002. An overarching objective of the revised NZS 3910:2023 is to lessen the need to add special conditions of contract, thereby improving consistency, familiarity and efficiency in construction contracting.
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Five-use licence cover
5-use 2-year Licence Agreement to adapt NZS 3910_2023
Copyright licence Agreement TerMS and Conditions
(NZS 3910:2023)
1.4 The Licensee:
1.5 This Agreement only applies to the licence number noted in the vertical watermark and the licence number can only be used for the creation of 5 contracts, being one contract per project.
1.6 The editable Word document version of the Standard provided under this Agreement (including as may be amended pursuant to clause 1.3(b)) may only be shared with the Licensee’s professional advisors and any third party (or their professional adviso...
2 OWNERSHIP
2.1 The Licensee acknowledges that the Licensor is the owner of all copyright and other intellectual property rights in and to the Standard.
2.2 All intellectual property in the Standard will remain the exclusive legal and beneficial property of the Licensor and, except for the rights granted in clause 1 above, nothing in this Agreement grants the Licensee any interest in or to the Standard.
3 DEALING WITH THE STANDARD AND SECURITY MEASURES
3.1 Except as specified in this Agreement or as provided for in the Copyright Act 1994, the Licensee may not:
(a) store, reproduce, transfer or resell the Standard in whole or part, by any means;
(b) place the Standard on or make the Standard available via an online or electronic network, including a cloud storage facility of any sort; or
(c) modify, adapt, translate, reverse engineer, decompile, disassemble or use the Standard to create derivative works based on the Standard, or any part of the Standard.
3.2 The Licensee must put in place and maintain all necessary and reasonable security measures to stop any unauthorised use, copying, reproduction or any other unlawful dealing with the Standard that would breach the terms of this Agreement or otherwi...
3.3 Within seven (7) days of the Expiry Date of this Agreement, the Licensee will:
(a) destroy all physical and electronic copies of the Standard, except as permitted by the terms of this Agreement; and
(b) provide to the Licensor a written certification that it has complied with clause 3.3(a).
3.4 Notwithstanding clause 3.3, it is acknowledged that the Licensee and any counterparty to a contract arising out of the Standard, will be entitled to retain copies of any signed contract arising from the Standard for their respective record keeping...
4 BREACH OF AGREEMENT
4.1 Any use of the Standard other than as permitted under clause 1 will constitute a breach of this Agreement and may also constitute an infringement of copyright or any other intellectual property rights in the Standard. The Licensee will tell the Li...
4.2 The Licensee acknowledges that damages may be an insufficient remedy for breach of this Agreement or an infringement of copyright or any other intellectual property rights in the Standard, and that the Licensor may be entitled to interlocutory inj...
5 MISCELLANEOUS PROVISIONS
5.1 Waiver: A failure or delay by either Party in exercising any right, power or privilege under this Agreement is not a waiver of such right, power or privilege.
5.2 Entire agreement: This Agreement contains the entire agreement and understanding between the Parties in relation to the subject matter of this Agreement. This Agreement supersedes any previous written or oral agreements or understandings between t...
5.3 Governing law: This Agreement is governed by and construed in accordance with the laws of New Zealand.
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Related Information
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AS/NZS 4911:2003
General conditions of contract for the supply of equipment without installation
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AS/NZS 4911:2003 A1
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AS/NZS 5050:2010
Business continuity - Managing disruption-related risk
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AS/NZS 5050(Int):2020
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Five-use licence cover
5-use 2-year Licence Agreement to adapt NZS 3910_2023
Copyright licence Agreement TerMS and Conditions
(NZS 3910:2023)
1.4 The Licensee:
1.5 This Agreement only applies to the licence number noted in the vertical watermark and the licence number can only be used for the creation of 5 contracts, being one contract per project.
1.6 The editable Word document version of the Standard provided under this Agreement (including as may be amended pursuant to clause 1.3(b)) may only be shared with the Licensee’s professional advisors and any third party (or their professional adviso...
2 OWNERSHIP
2.1 The Licensee acknowledges that the Licensor is the owner of all copyright and other intellectual property rights in and to the Standard.
2.2 All intellectual property in the Standard will remain the exclusive legal and beneficial property of the Licensor and, except for the rights granted in clause 1 above, nothing in this Agreement grants the Licensee any interest in or to the Standard.
3 DEALING WITH THE STANDARD AND SECURITY MEASURES
3.1 Except as specified in this Agreement or as provided for in the Copyright Act 1994, the Licensee may not:
(a) store, reproduce, transfer or resell the Standard in whole or part, by any means;
(b) place the Standard on or make the Standard available via an online or electronic network, including a cloud storage facility of any sort; or
(c) modify, adapt, translate, reverse engineer, decompile, disassemble or use the Standard to create derivative works based on the Standard, or any part of the Standard.
3.2 The Licensee must put in place and maintain all necessary and reasonable security measures to stop any unauthorised use, copying, reproduction or any other unlawful dealing with the Standard that would breach the terms of this Agreement or otherwi...
3.3 Within seven (7) days of the Expiry Date of this Agreement, the Licensee will:
(a) destroy all physical and electronic copies of the Standard, except as permitted by the terms of this Agreement; and
(b) provide to the Licensor a written certification that it has complied with clause 3.3(a).
3.4 Notwithstanding clause 3.3, it is acknowledged that the Licensee and any counterparty to a contract arising out of the Standard, will be entitled to retain copies of any signed contract arising from the Standard for their respective record keeping...
4 BREACH OF AGREEMENT
4.1 Any use of the Standard other than as permitted under clause 1 will constitute a breach of this Agreement and may also constitute an infringement of copyright or any other intellectual property rights in the Standard. The Licensee will tell the Li...
4.2 The Licensee acknowledges that damages may be an insufficient remedy for breach of this Agreement or an infringement of copyright or any other intellectual property rights in the Standard, and that the Licensor may be entitled to interlocutory inj...
5 MISCELLANEOUS PROVISIONS
5.1 Waiver: A failure or delay by either Party in exercising any right, power or privilege under this Agreement is not a waiver of such right, power or privilege.
5.2 Entire agreement: This Agreement contains the entire agreement and understanding between the Parties in relation to the subject matter of this Agreement. This Agreement supersedes any previous written or oral agreements or understandings between t...
5.3 Governing law: This Agreement is governed by and construed in accordance with the laws of New Zealand.