STANDARD TERMS AND CONDITIONS
“Loss Adjuster/Surveyor"/"Consultant" is the Loss Adjuster/Surveyor/Consultant trading under these conditions.
“Client" is the party at whose request or on whose behalf the Loss Adjuster/Surveyor/Consultant undertakes loss adjusting/surveying/consultancy services.
“Report" means any report or statement supplied by the Loss Adjuster/Surveyor/Consultant in connection with instructions received from the Client.
“Disbursements" means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, refreshments and hotel accommodation where an overnight stay is necessary.
" Fees" means the fees charged by the Loss Adjuster/Surveyor/Consultant to the Client and including any value added tax where applicable and any Disbursements
The Loss Adjuster/Surveyor/Consultant shall provide its services solely in accordance with these terms and conditions.
The Client will set out in writing the services which it requires the Loss Adjuster/Surveyor/Consultant to provide. The Loss Adjuster/Surveyor/Consultant will confirm in writing that it accepts those instructions alternatively what services it will perform in connection with the Client’s instructions. Once the Loss Adjuster/Surveyor/Consultant and the Client have agreed what services are to be performed any subsequent changes or additions must be agreed by both parties in writing.
4. Fees and Payment
The Loss Adjuster/Surveyor/Consultant charge their fees either on the basis of an hourly rate for non-CAT work and based on a scale for CAT work. Non-CAT expenses are based on the expenditure incurred to handle a loss. CAT expenses are based on a percentage of the gross adjusted loss. Full details of current fees may be provided upon request.
Terms The Client shall pay the Loss Adjuster/Surveyor/Consultant’s Fees punctually 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 Loss Adjuster/Surveyor/Consultant to interest at 4% above the Base Lending Rate of HSBC Bank prevailing at the time of default.
5. Obligations and Responsibilities
- (a) Client. The Client undertakes to ensure that full instructions are given to the Loss Adjuster/Surveyor/Consultant and are provided in sufficient time to enable the required services to be performed effectively and efficiently and to procure all necessary access for the Loss Adjuster/Surveyor/Consultant to goods, premises, vessels, installations and transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions. The Loss Adjuster/Surveyor/Consultant shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions.
- (b) Surveyor. The Loss Adjuster/Surveyor/Consultant shall use reasonable care and skill in the performance of the services in accordance with sound loss adjusting/surveying/consulting practice.
- (c) Reporting. The Loss Adjuster/Surveyor/Consultant shall submit a final written Report to the Client following completion of the agreed services describing the Loss Adjuster’s/Surveyor’s/Consultant’s findings and the condition and/or quality of the object and/or purpose of the assignment, unless otherwise expressly instructed by the Client not to do so.
- (d) Confidentiality. The Loss Adjuster/Surveyor/Consultant undertakes not to disclose any information provided in confidence by the Client to any third party and will not permit access to such information by any third party unless the Client expressly grants permission save where required to do so by an order of a competent court of law.
- (e) Property. The right of ownership in respect of all original work created by the Loss Adjuster/Surveyor/Consultant remains the property of the Loss Adjuster/Surveyor/Consultant.
- (f) Conflict of Interest/Qualification. The Loss Adjuster/Surveyor/Consultant shall promptly notify the Client of any matter including conflict of interest or lack of suitable qualifications and experience, which would render it undesirable for the Loss Adjuster/Surveyor/Consultant to continue its involvement with the appointment. The Client shall be responsible for payment of the Loss Adjuster/Surveyor/Consultant’s Fees up to the date of notification.
- (a) Without prejudice to Clause 7, the Loss Adjuster/Surveyor/Consultant 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 willful default of the Loss Adjuster/Surveyor/Consultant or any of its employees or agents or sub-contractors
- (b) In the event that the Client proves that the loss, damage, delay or expense was caused by the negligence, gross negligence or willful default of the Loss Adjuster/Surveyor/Consultant aforesaid, then, save where loss, damage, delay or expense has resulted from the Loss Adjuster’s/Surveyor’s/Consultant’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 Loss Adjuster’s/Surveyor’s/Consultant’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 Surveyor’s/Consultant’s charges. The Loss Adjuster/Surveyor/Consultant shall not be liable for loss of or damage to equipment and other items placed at its disposal by or on behalf of the Client however such loss or damage occurs.
Except to the extent and solely for the amount therein set out that the Loss Adjuster/Surveyor/Consultant would be liable under Clause 6, the Client hereby undertakes to keep the Loss Adjuster/Surveyor/Consultant 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 and in respect of all costs, loss, damages and expenses (including legal costs and expenses on a full indemnity basis) which the Loss Adjuster/Surveyor/Consultant may suffer or incur (either directly or indirectly) in the course of the services under these Conditions.
8. Force Majeure
Neither the Loss Adjuster/Surveyor/Consultant 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.
The Loss Adjuster/Surveyor/Consultant shall maintain Professional Liability Insurance.
10. Loss Adjuster’s/Surveyor’s/ Consultant’s Right to Sub-contract
The Loss Adjuster/Surveyor/Consultant shall have the right to sub-contract any of the services provided under the Conditions, subject to the Client’s right to object on reasonable grounds. In the event of such a sub-contract the Loss Adjuster/Surveyor/Consultant shall remain fully liable for the due performance of its obligations under these Conditions.
11. Time Bar
Any claims against the Loss Adjuster/Surveyor/Consultant 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 Report to the Client.
12. Jurisdiction and Law
These Conditions shall be governed by and construed in accordance with the laws of the Bahamas and any dispute shall be subject to the exclusive jurisdiction of the Bahamian Courts.