1. Definitions

JH CLAIMS & ASSOCIATES are the Surveyors/Adjusters/Consultants trading under these conditions.

“Client” is the party at whose request or on whose behalf JH CLAIMS & ASSOCIATES undertakes surveying services.

“Report” means any report or statement supplied by JH CLAIMS & ASSOCIATES 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 JH CLAIMS & ASSOCIATES to the Client and including any value added tax where applicable and any Disbursements

2. Scope

JH CLAIMS & ASSOCIATES shall provide its services solely in accordance with these terms and conditions.

3. Work

The Client will set out in writing the services which it requires JH CLAIMS & ASSOCIATES to provide. JH CLAIMS & ASSOCIATES will confirm in writing that it accepts those instructions –or- alternatively what services it will perform in connection with the Client's instructions. Once JH CLAIMS & ASSOCIATES 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. Payment Terms

The Client shall promptly pay the fees to JH CLAIMS & ASSOCIATES in accordance with these Conditions.

Fees shall be invoiced in euros, US dollars or pounds sterling and in any event shall be paid by bank transfer no later than 30 days after the relevant invoice date, or in any other manner agreed in writing between the parties. The account to which the funds are to be paid shall be identified on the invoice.

Any delay in payment shall entitle JH CLAIMS & ASSOCIATES to interest at 7% above the Base Lending Rate (reference rate) of the European Central Bank in force at the time of default, in accordance with EC Directive 2000/35/EC.

5. Obligations and Responsibilities

(a) Client

The Client undertakes to ensure that full instructions are given to JH CLAIMS & ASSOCIATES and that they are provided in sufficient time to enable the required services to be performed effectively and efficiently and to procure all necessary access for JH CLAIMS & ASSOCIATES to goods, premises, vessels, installations and transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions.

JH CLAIMS & ASSOCIATES shall not be liable for the consequences of late, incomplete, inadequate, inaccurate or ambiguous instructions.

(b) Surveyor/Adjuster/Consultant

JH CLAIMS & ASSOCIATES shall use reasonable care and skill in the performance of the services in accordance with sound adjusting / marine and cargo surveying / consulting practice.

JH CLAIMS & ASSOCIATES shall submit a final written Report to the Client following completion of the agreed services describing the 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

JH CLAIMS & ASSOCIATES 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

While the right of ownership to information and photos contained in reports remain that of the client, the right of ownership to original work as well as intellectual property shall remain that of JH CLAIMS & ASSOCIATES.

JH CLAIMS & ASSOCIATES shall be entitled to keep records of all reports, photographs and other materials used for delivery of services. Such records shall be maintained in accordance with 5(d).

(f) Conflict of Interest / Qualification

JH CLAIMS & ASSOCIATES 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 JH CLAIMS & ASSOCIATES to continue its involvement with the appointment.

The Client shall be responsible for payment of JH CLAIMS & ASSOCIATES fees up to the time of notification.

6. Liability, limitation and indemnification

JH CLAIMS & ASSOCIATES is neither an insurer nor a guarantor and disclaims all liability in such capacity. Any Client seeking a guarantee against loss or damage should obtain appropriate insurance as it may deem fit.

Reports, findings, opinions and recommendations provided by the JH CLAIMS & ASSOCIATES are issued based on information, documents and/or samples provided by, or on behalf of, the Client and solely for the benefit of the Client who is responsible for acting as it sees fit on the basis of such reports, findings, opinion and recommendations provided. Neither JH CLAIMS & ASSOCIATES nor any of its officers, employees, agents or subcontractors shall be liable to the Client nor any third party for any action taken or not taken on the basis of such reports, findings, opinion and recommendation or any incorrect results arising from unclear, erroneous, incomplete, misleading or false information provided to JH CLAIMS & ASSOCIATES.

JH CLAIMS & ASSOCIATES shall not be liable for any delayed, partial or total non-performance of the Services arising directly or indirectly from any event outside JH CLAIMS & ASSOCIATES’s control including failure by Client to comply with any of its obligations hereunder and the occurrence of a Force Majeure Event.

The liability of JH CLAIMS & ASSOCIATES in respect of any claim for loss, damage or expense of any nature and howsoever arising shall in no circumstances and at any time exceed a total aggregate sum equal to two (2) times the amount of the fee paid in respect of the specific Service which gives rise to such claim or Euros One Thousand only (EUR 1,000.00), or its equivalent in local currency, whichever is the lesser.

JH CLAIMS & ASSOCIATES shall have no liability for any indirect or consequential loss (including loss of profits).

In the event of any claim, the Client must give written notice to JH CLAIMS & ASSOCIATES within 30 working days of discovery of the facts alleged to justify such claim and, in any case, JH CLAIMS & ASSOCIATES shall be discharged from all liability for all claims for loss, damage or expense unless suit is brought within one year from:

(a) the date of performance by JH CLAIMS & ASSOCIATES of the Service which gives rise to the claim; or

(b) the date when the service should have been completed in the event of any alleged non-performance.

The Client shall guarantee, hold harmless and indemnify JH CLAIMS & ASSOCIATES and its officers, employees, agents or subcontractors against all claims (actual or threatened) by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance or non-performance, of any Services.

7. Force Majeure

Neither JH CLAIMS & ASSOCIATES 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.

8. Surveyor’s / Consultant’s Right to Sub-contract

JH CLAIMS & ASSOCIATES 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 JH CLAIMS & ASSOCIATES shall remain fully liable for the due performance of its obligations under these Conditions.

9. Jurisdiction and Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Spain and any dispute shall be subject to the exclusive jurisdiction of the Spanish courts.

You agree that by assign to JH CLAIMS & ASSOCIATES, you have read, understood, and agreed to be bound by all of these. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS of SERVICE THEN YOU ARE EXPRESSLY PROHIBITED FROM USING JH CLAIMS & ASSOCIATES AND YOU MUST DISCONTINUE USE IMMEDIATELY.