Expert Terms

 

These terms and conditions (the ‘Terms’) will apply to the purchase of services by you (‘the Professional Client’) from SMART Leisure Systems Limited (‘SLS’), trading as the Water Incident Research Hub, a company registered under number 09452889, whose registered office and trading address is 416 Kitson House, Fletton Quays, Peterborough, PE2 8UD. We will sell expert witness services to you under these Terms.

DEFINITIONS

1. The following terms apply:

• Expert – Person providing the expert witness services.
• Lay client – Person instructing the Professional Client where applicable.
• Professional client – Authorised and instructed legal representative, enforcement officer, or insurer.

SERVICES

2. The Expert will perform expert witness services in relation to a claim or dispute involving the Professional 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 mediation. The Professional Client will set out in writing the exact services it requires the Expert to provide. Where possible, the Expert will confirm in writing or advise orally what services it can and will perform in connection to the Professional Client’s instructions. Once the Expert and the Professional Client have agreed on what services are to be performed (‘the services’), the Professional Client will be deemed to have agreed to these Terms. Both parties must agree in writing on any subsequent changes or additions.

3. Once the Expert produces a signed report for the Court, the Professional Client will be liable for any additional amendments arising from subsequent disclosure, factual or technical error however so caused or arising from the content of the report up to and including the date of trial, necessary for the Expert to fulfil his obligations to the Court. The Professional Client will also be liable for the Expert’s fee and disbursements in relation to attendance at joint meetings and trials, whether virtually or in person, by their instruction or by the Court’s own initiative. The Professional Client shall give a minimum of 14 days notice of cancellation of any hearing date to avoid any charges under these terms. Thereafter, the Expert reserves the right to charge a percentage of the costs of preparing for the hearing date.

4. The Client shall pay the Expert’s Fees and Disbursements. The Client will pay the Expert within 30 days of receipt of the Expert’s invoice or as specified by the due date on the invoice. Any delay in payment by the Client shall entitle the Expert to charge interest on the Fees and Disbursements to the Client at 2% above the Bank of England Base Rate between the date of default and the date of payment of the invoice or judgment or settlement in the Expert’s favour. Alternatively, at a rate and for such period as the Court sees fit to award.

5. The Expert agrees not to permit access to confidential information to any third party unless the Professional Client grants permission. This obligation will not extend to information that becomes known to the Expert via the public domain or that the Expert must disclose pursuant to an Order of a court or other authority. Such obligation of confidentiality shall end three years after the end of the performance of the Services, that is, the date of the Expert’s final invoice.

6. The right and ownership of all original work created by the Expert remains the property of the Expert. The Expert will provide a licence for the Professional Client and/or the Lay Client to use the work for all reasonable uses.

7. The Expert shall promptly notify the Court of any conflict of interest or lack of suitable qualifications and expertise which would, in the opinion of the Expert, render it undesirable for the Expert to continue his involvement with the appointment. The Client shall be responsible for payment of the fees and disbursements up to the date of notification.

LIABILITY

8. Without prejudice to the Indemnity, the Expert shall be under no liability whatsoever to the Professional or Lay Clients for any loss, damage, delay, or expense, whether direct or indirect and however arising, unless it is proved to be attributable to the Expert’s sole negligence, gross negligence or wilful default.

9. Should the Professional or Lay Client prove the Expert be liable under these Terms or any other enactment, the Expert’s liability for each such incident or series of incidents shall never exceed a sum ten times the Expert’s total fees or £50,000, whichever is greater. The Expert shall not be liable for any indirect or consequential loss in any circumstance. The Expert shall also not be liable for damage to equipment and other items placed at its disposal by or on behalf of the Professional or Lay Client. However, such loss or damage occurs.

INDEMNITY

10. Except to the extent and solely for the amount therein set out that the Expert would be liable under Liability above, the Professional Client hereby undertakes to keep the Expert indemnified and to hold them harmless against all actions, proceedings, claims, demands or liabilities whatsoever and howsoever arising which may be brought against them or incurred or suffered by them in the course of providing Services under these Terms.

FORCE MAJEURE

11. Neither the Expert nor the Professional Client, except as otherwise provided in these Conditions, be responsible for any loss, damage, delay, or failure in performance hereunder arising or resulting from an act of God, war, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, serious illness of the Expert, riots, or civil commotions.

INSURANCE

12. The Expert has in place and will maintain, at no cost to the Professional Client, Public Liability and Professional Indemnity insurance for such loss and damage for which the Expert may be held liable to the Client under these conditions.

LIMITATION

13. Claims against the Expert or Professional Client shall be deemed to be waived and absolutely time-barred upon the expiry of one year from the date of the final invoice from the Expert to the Professional Client.

SEVERANCE

14. Where any provision of these Terms is deemed invalid, illegal or unenforceable by a Court, that provision shall, to the minimum extent required, be deemed deleted, and the validity, legality and enforceability of the remainder of the Terms shall not be affected.

JURISDICTION AND APPLICABLE LAW

15. Any dispute shall be subject to the exclusive jurisdiction of the English Courts. These Terms shall be governed and construed according to the laws of England and Wales.