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(f) Intellectual Property: The right of ownership in respect of all original work created by the Expert remains the property of the Expert. The Expert will provide a licence for the Client (and/or the Solicitor and/or the Insurer) to use the work for all reasonable uses.


(g) Conflict of Interest/ Qualification: The Expert shall promptly notify the Client of any conflict of interest or lack of suitable qualifications and experience, which would, in the opinion of the Expert, render it undesirable for the Expert to continue its involvement with the appointment. The Client shall be responsible for payment of the Surveyor/Consultant’s Fees up to the date of notification.


6. LIABILITY


(a) Without prejudice to Clause 7, the Expert shall be under no liability whatsoever to the Client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect and howsoever arising UNLESS same is proved to have resulted solely from the negligence, gross negligence or wilful default of the Expert or any of its employees or agents or sub-contractors.


(b) In the event that the Client proves that any direct loss, damage, delay or expense was caused by the negligence, gross negligence or wilful default of the Expert aforesaid, then, save where such loss, damage, delay or expense has resulted from the Expert’s personal act or omission committed with the intent to cause same or recklessly and with knowledge that such loss, damage, delay or expense would probably result, the Expert’s liability for each incident or series of incidents giving rise to a claim or claims shall never exceed a sum calculated on the basis of ten times the Expert’s total fees for the Service or £125,000 whichever is the greater. The Expert shall not be liable for any indirect or consequential loss at all. The Expert shall also not be liable for damage to


equipment and other items placed at its disposal by or on behalf of the Client however such loss or damage occurs.


7. INDEMNITY


Except to the extent and solely for the amount therein set out that the Expert would be liable under Clause 6, the Client hereby undertakes to keep the Expert and its employees, agents and sub-contractors indemnified and to hold them harmless against all actions, proceedings, claims, demands or liabilities whatsoever or howsoever arising which may be brought against them or incurred or suffered by them, and against by any party (including, but not limited to, the Solicitor and Insurer) and in respect of all costs, loss, damages and expenses (including legal costs and expenses on a full indemnity basis) which the Expert may suffer or incur (either directly or indirectly) in the course of providing the Service under these Conditions.


8. FORCE MAJEURE


Neither the Expert nor the Client shall, except as otherwise provided in these Conditions, be responsible for any loss, damage, delay or failure in performance hereunder arising or resulting from act of God, act of war, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people.


9. INSURANCE


The Expert shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which the Expert may be held liable to the Client under these Conditions.


10. TIME BAR


Any claims against the Expert by the Client shall be deemed to be waived and absolutely time barred upon the expiry of one year from the submission date of the final invoice to the Client.


ITIC is the leading provider of professional indemnity insurance to the marine sector.


Globally, ITIC provides professional indemnity insurance for: • more than 500 liner agents and port agents;


• the world’s major ship broking companies;


• more than 350 other ship broking companies;


• over 180 naval architects;


• over 150 ship and crew managers;


• marine registries, new building supervisors, and shipping pool managers all over the world.


Contact ITIC by post at 90 Fenchurch Street, London EC3M 4ST.


Telephone: +44 20 7338 0150 Website: https://www.itic-insure.com


Article first published on the ITIC website at https://bit.ly/2TncnX4 in November 2018 and reprinted here with their kind permission.


The Report • March 2019 • Issue 87 | 45


11. SEVERANCE


If a court finds that any provision of these terms and conditions is invalid, illegal or unenforceable, that provision shall, to the minimum extent required, be deemed deleted and the validity, legality and enforceability of the remainder of that and all other provisions of these terms and conditions shall not be affected.


12. JURISDICTION AND LAW


These Conditions shall be governed by and construed in accordance with the laws of England and Wales and any dispute shall be subject to the exclusive jurisdiction of the English Courts.


ITIC reserves all rights, including copyright, trademarks and other intellectual property rights, in these standard trading conditions and no part thereof can be redistributed, republished or stored in any format without the express written permission of ITIC.


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