Terms and Conditions

1. The Contract

These Conditions together with the particulars overleaf (together "this Agreement") shall be the sole contract for the supply of the Services hereinafter mentioned between Forensic Access Limited ("the Company") and the Client named overleaf ("the Client") to the exclusion of any other terms and conditions whatsoever except only as may be expressly agreed in writing by the Company. The expression "the Services" as used herein shall mean the services as described overleaf. Forensic Access Ltd shall provide and sell and the Client shall purchase the Services in accordance with these terms and conditions.

2. Information

The Client undertakes as a Condition of this Agreement to disclose all necessary and relevant information to Forensic Access Ltd concerning the Services and acknowledges that Forensic Access Ltd rely upon such information being complete and accurate in all material aspects, and that the rights of any third party are not infringed in connection with any such information or materials. The Client hereby indemnifies Forensic Access Ltd against any such infringement.

3. Liability

The Client agrees not to rely on, and raise any claim for breach of, any representation or variation of these terms and conditions which are not agreed as aforesaid by the Company. The Company shall not be liable for any representation or variation made by an employee of the Company except where expressly agreed in writing by the Company.

Forensic Access Ltd shall not have any obligations under or be liable for any instructions save only the instructions identified overleaf. Forensic Access Ltd shall use reasonable care and skill in providing the Services. Without prejudice thereto, Forensic Access Ltd shall not be liable to the Client or any third party for any representation, implied warranty, condition, or other term whether direct or indirect, contingent or consequential howsoever arising.

Without limitation, the liability of Forensic Access Ltd under this Agreement shall not exceed the amount of the fee specified overleaf.

Forensic Access Ltd shall not be liable to the Client or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of the obligations relating to the Services if the delay or failure was due to any cause beyond the reasonable control of Forensic Access Ltd.

All liability on the part of Forensic Access Ltd in respect of the obligations under this Agreement shall cease absolutely if the Client breaches any obligations and fails to remedy such breach within 21 days of notice from Forensic Access Ltd, or immediately if the breach is incapable of remedy.

4. Material for Testing

Any material forwarded to Forensic Access Ltd for examination or testing remains the property and responsibility of the Client.

The Client either accepts responsibility for making arrangements for collection of the material upon completion of the work or agrees to its destruction by Forensic Access. Forensic Access will provide on request an estimate for returning the material through its secure courier.

Forensic Access will arrange the destruction of any material not collected within 30 days of notification.

This policy is subject to exceptions where return of the material is prevented by legal constraints and where material may be partially or completely expended in the testing process.

Any request for material to be retained for an additional period must be made in writing within 30 days and will be by agreement with Forensic Access. Reasonable additional costs may apply for further storage and will be agreed with the Client.

5. Payment

Except as may be expressly stated overleaf, the Client shall make payment for the Services within 30 days from the date of invoice. The Client remains responsible for payment irrespective of any arrangement for payment by any third party, the Legal Aid Fund, the Court, or any other party.

Payment for the Services to Forensic Access Ltd shall not depend upon any such other payment to the Client. Payment shall also not be reduced or dependent upon the result of any taxation matter in which the Client may be involved.

The Client shall, in addition to any fees specified, pay all fees, charges, costs and expenses arising in connection with any attendance at Court by Forensic Access Ltd relating to the Services.

If demanded, the Client shall pay interest on any outstanding fees, costs, charges or expenses after 30 days at the rate of 8% above the Bank of England Base Rate, calculated daily from the date of the invoice until payment is received.

For all Private and Overseas instructions, Forensic Access requires full payment of fees in advance before any work is undertaken.

6. Delegation

The Client agrees that Forensic Access Ltd may delegate or subcontract the performance of the Services and may rely upon the advice or opinion of any competent third party. Forensic Access Ltd shall not be required to notify the Client of such delegation or subcontracting.

7. General

7.1 Notices
Any notice required or permitted under this Agreement shall be valid only if made in writing and sent by first-class pre-paid registered post or facsimile transmission acknowledged by the other party. Posted notices shall be effective 48 hours after posting. Fax notices shall be effective when acknowledged.

7.2 Partnerships
If the Client is a partnership or unincorporated firm, all partners or proprietors shall be jointly and severally liable for the obligations of the Client under this Agreement. Any waiver by Forensic Access Ltd of a breach shall not constitute a waiver of any subsequent breach.

7.3 Severability
If any part of these Terms and Conditions is held by a competent authority to be invalid or unenforceable, that part shall be severed and the remainder of the Agreement shall continue in full force and effect.

8. Rights of Third Parties

No part of this Agreement shall confer or be intended to confer any benefit on any third party for the purposes of the Contracts (Rights of Third Parties) Act 1999 or otherwise.