The 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 Surveyor to provide. The Surveyor will confirm in writing that it accepts those instructions or alternatively what services it will perform in connection with the Client's instructions. Once the Surveyor and the Client have agreed on what services are to be performed, any subsequent changes or additions must be agreed upon by both parties in writing.
The Client shall pay the survey Fees punctually in accordance with these Conditions and in any event not later than 7 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 Surveyor to interest at 8% above the Base Lending Rate of the National Bank of Greece prevailing at the time of default.
Except to the extent and solely for the amount therein set out that the Surveyor would be liable under Clause 6, the Client hereby undertakes to keep the Surveyor 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, but not limited to, legal costs and expenses on a full indemnity basis) which the Surveyor may suffer or incur (either directly or indirectly) in the course of the Services under these Conditions.
The Surveyor and/or the Client shall not, except as otherwise provided in these Conditions, be responsible or have any liability for any loss, damage, delay, or failure in performance hereunder arising or resulting from an act of God (including, but not limited to earthquake, flood, tsunami, volcano, hurricane, tropical storm, cyclone, blizzard or other similar events), an act of war, terrorist attack, nuclear contamination, seizure under legal process, epidemic quarantine restrictions, strikes, boycotts, lockouts, riots, civil commotions and arrest or restraint of princes, rulers or people. Following a force majeure event, either party may serve notice on the other to terminate the agreement.
The Surveyor shall effect and maintain, at no cost to the Client, Professional Liability Insurance for such loss and damage for which the Surveyor may be held liable to the Client under these terms and conditions.
The Surveyor 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 Surveyor shall remain fully liable for the due performance of its obligations under these Conditions.
Any claims against the Surveyor by the Client shall be deemed to be waived and absolutely time-barred upon the expiry of six months from the submission date of the Report to the Client.
These Conditions shall be governed by the laws of Greece and any dispute shall be subject to the exclusive jurisdiction of the Greek Courts.