2. SCOPE
The Expert shall provide its services solely in accordance with these terms and conditions (“Conditions”).
3. SERVICES
The Expert will act as an expert witness in relation to a claim or dispute involving the Client. The expert, if required, will provide written reports, witness statements and oral testimony in a court or other tribunal. The expert may also, if required, attend settlement meetings and/or mediations. The Client, either directly or via their Solicitor or Insurer, will set out in writing the exact services it requires the Expert to provide. Where possible, the Expert will confirm these in writing or alternatively the Expert will advise what services it will perform in connection with the Client’s instructions. Once the Expert and the Client have agreed what services are to be performed (“the Services”) any subsequent changes or additions must be agreed by both parties in writing.
4. PAYMENT
(a) Where it is agreed that the Client shall pay the Expert’s Fees and Disbursements: The Client will pay in accordance with these Conditions and in any event not later than 30 days following the relevant invoice date, or in such other manner as may have been agreed in writing between the parties. Any delay in payment shall entitle the Expert to interest at 4% above the Base Lending Rate of HSBC Bank Plc prevailing at the time of default or the rate set out in the Late Payment of Commercial Debts (Interest) Act 1998 applicable at the time of default, at the discretion of the Expert.
(b) Where it is agreed that the Insurer shall pay the Expert’s Fees and Disbursements: The Insurer will pay in accordance with these Conditions and in any event not later than 30 days following the
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relevant invoice date, or in such other manner as may have been agreed in writing between the parties. Any delay in payment shall entitle the Expert to interest at 4% above the Base Lending Rate of HSBC Bank Plc prevailing at the time of default or the rate set out in the Late Payment of Commercial Debts (Interest) Act 1998 applicable at the time of default, at the discretion of the Expert.
(c) Where it is agreed that the Solicitor shall pay the Expert’s Fees and Disbursements: The Solicitor, when in receipt of the Expert’s invoice will promptly send a disbursement invoice to the Client. The Solicitor shall pay the Expert within 14 days of receiving funds from the Client. Any delay in payment by the Solicitor shall entitle the Expert to charge interest on the Fees and Disbursements to the Solicitor at 4% above the Base Lending Rate of HSBC Bank Plc prevailing at the time of default or the rate set out in the Late Payment of Commercial Debts (Interest) Act 1998 applicable at the time of default, at the discretion of the Expert.
It is understood that the Solicitor is usually the agent of the Client in the appointment of the Expert and therefore, the Solicitor will have no direct liability for the Expert’s fees UNLESS the Expert is acting directly for the Solicitor or the Solicitor has agreed to be responsible for paying the Fees and Disbursements.
5. OBLIGATIONS AND RESPONSIBILITIES
(a) Client: The Client undertakes to ensure that full instructions are given to the Expert, either directly or via their Solicitor and/or Insurer, and are provided in sufficient time and good order to enable the Services to be performed. The Client must procure all necessary access for the Expert to any goods, cargo, premises, vessels, installations and/ or transport and to ensure that all appropriate safety measures
are taken to provide safe and secure working conditions where appropriate. The Expert shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions.
It is
understood by the Client that the Expert’s overriding duty is to the Court.
(b) Expert: The Expert shall use reasonable care and skill in the performance of the Services in accordance with sound practice. The Expert’s overriding duty is to the Court.
(c) Report: The Expert shall submit a written Report to the Client following completion of the agreed services providing the Expert’s opinion, unless otherwise expressly instructed by the Client (directly or via their Solicitor and/or Insurer) not to do so.
(d) Attending Hearings: The Expert, where necessary, will attend at court or other equivalent hearing (i.e. arbitration). The Expert may also attend mediations or settlement meetings if requested to do so and the date is acceptable and agreed by all parties.
(e) Confidentiality: The Expert understands that the information provided by the Client may be subject to confidentiality and agrees not to permit access to such information to any third party unless the Client expressly grants permission. This obligation will not however extend to information which (i) was already or becomes known to the Expert through other sources not subject to such an obligation of confidentiality (ii) is or becomes known to the public generally other than as a result of a breach of this obligation or (iii) which the Expert is obliged to disclose pursuant to an order of a court or other such authority. In all cases such obligation of confidentiality shall be deemed to end 3 years after the end of performance of the Services. The end of Services being the date of the Expert’s final invoice.
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