Standard Terms & Conditions for IFIC Forensics
(International Fire Investigators and Consultants Limited)
“Additional Services” means such services in substitution for, and/or addition to, the Services which (a) are agreed verbally or in writing with the Client or (b) in circumstances where the Client’s agreement cannot be readily obtained, are deemed necessary and in the Client’s interests by IFIC Forensics to enable the Consultant to properly address issues related to the Services not specifically identified in the Services.
“Advance” means any deposit required to be paid to IFIC Forensics in advance of the commencement of the provision of the Services which shall be applied firstly towards reimbursement to IFIC Forensics of Disbursements incurred and then towards any outstanding Fees.
“Client” is the party at whose request or on whose behalf IFIC Forensics undertakes the Services
“Consultant” is the investigator or consultant who will provide the Services on behalf of IFIC Forensics.
“Disbursements” means the cost of all 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 agreed with the Client, and such fees for Additional Services as may be charged, by IFIC Forensics to the Client including any value added or other applicable tax and any Disbursements.
“IFIC Forensics” means International Fire Investigators and Consultants Limited (Scottish Company number SC289747), 220 Ayr Road, Glasgow G77 6DR
“Report” means any report or communication in writing supplied by IFIC Forensics in connection with the Services.
“Services” are forensic investigation, consultancy and analysis services as specified in the Client’s instructions to IFIC Forensics as varied in accordance with these Terms and Conditions.
IFIC Forensics shall provide the Services solely in accordance with these terms and conditions.
The Client will set out in writing the services which it requires IFIC Forensics to provide. IFIC Forensics will confirm in writing that it accepts those instructions. The acceptance of those instructions will constitute a binding contract on the basis of these Terms and Conditions. Any terms and conditions sought to be imposed by the Client at any time before or after an acceptance is issued by IFIC Forensics shall be treated as pro non scripto.
The Client shall pay the Fees punctually and in any event not later than 30 days following the relevant invoice date. Any delay in payment shall entitle IFIC Forensics to interest at 4% above the Base Lending Rate of Royal Bank of Scotland prevailing from the invoice date until paid The Client shall not be entitled to part pay, or retain funds against, any invoice.
5. Obligations and Responsibilities
The Client shall ensure that full instructions and information are provided to IFIC Forensics and the Consultant in sufficient time to enable the required services to be performed effectively and efficiently and to procure all necessary access for the 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.
IFIC Forensics shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions or information. Neither shall IFIC Forensics be liable for any delays incurred as a consequence of delays in the transfer of documents, materials or evidence from the instructing party.
(b) IFIC Forensics
IFIC Forensics shall use reasonable care and skill in the performance of the Services in accordance with sound forensic investigation practice and the discipline to which the Services refer.
IFIC Forensics shall submit a final written Report to the Client following completion of the Services describing the Consultant’s findings, unless otherwise expressly instructed by the Client not to do so.
IFIC Forensics and the Consultant undertake 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 a competent court or where the information is already in the public domain.
All original work created by the Investigator /Consultant remains the property of the IFIC Forensics.
(f) Conflict of Interest/Qualification.
IFIC Forensics 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 Consultant to continue its involvement with the appointment. The Client shall be responsible for payment of the Fees incurred up to the date of notification.
(a) Without prejudice to Clause 7, IFIC Forensics and the Consultant shall be under no liability whatsoever to the Client for any loss, damage, delay or expense of whatsoever nature, whether direct or indirect arising from the performance or non-performance of the Services UNLESS same is proved to have resulted solely from the negligence, gross negligence or wilful default of IFIC Forensics, the Consultant or any of its employees or agents or sub-contractors
(b) In that event , IFIC Forensics liability for each incident or series of incidents giving rise to a claim or claims shall not exceed the greater of ten times the Fees (excluding Disbursements) or £125,000 This limitation shall not apply where the said loss, damage, delay or expense has resulted from the 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
(c) IFIC Forensics shall not be liable for loss of or damage, or economic loss flowing from that loss or damage, to equipment and other items placed at its and the Consultant’s disposal ( including without prejudice to the generality, during destructive or non- destructive testing) by or on behalf of the Client (or the Client’s insured where applicable) however such loss or damage occurs
Except to the extent of IFIC Forensics liability under Clause 6, the Client hereby undertakes to indemnify and hold harmless IFIC Forensics and the Consultant and its and their employees, agents and sub-contractors against all actions, proceedings, claims, demands, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis)
which may be brought against them or incurred or suffered by them arising from the performance of the Services.
8. Force Majeure
Neither IFIC Forensics or 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 any cause outwith its control, including without prejudice to the generality, act of God, act of war, seizure under legal process, quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of state or government.
IFIC Forensics shall effect and maintain Professional Liability Insurance to the level required to meet IFIC Forensics’ liability to the Client under Clause 6 of these terms and conditions, even if Clause 6 were held to be unenforceable in part or in full.
10. IFIC Forensics’ Right to Sub-contract
IFIC Forensics shall have the right to sub-contract any of the Services subject to the Client’s right to object, which right shall not be exercised unreasonably. In the event of such a sub-contract IFIC Forensics shall remain fully liable for the due performance of its obligations under these Conditions.
11. Time Bar
Any claims against IFIC Forensics 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 Scotland and any dispute shall be subject to the exclusive jurisdiction of the Scottish Courts
13. Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties hereto pertaining to the provision of the Services and supercede any prior oral or written agreement between the parties concerning the Services or any representation (other than a fraudulent representation) made by one party to the other and each party asserts that it places no reliance upon any prior agreement or representation or understanding.
IFIC Forensics 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 advance written permission of IFIC Forensics.
In the event of any dissatisfaction with any of the services provided by IFIC the Client should in the first instance discuss the matter with the Consultant responsible for the assignment or, in the event that the matter is not resolved to the satisfaction of the client, any complaints should then be addressed to IFIC’s Operations Manager at the above address.