“Expert” means a medical examiner selected by the Instructing Party from those on the panel maintained by Grosvenor Medical Ltd at the time of the Instruction or where the Instructing Party requests chosen by Grosvenor Medical Ltd from such panel.
“Instructing Party” means the person firm partnership LLP or company providing Grosvenor Medical Ltd with the Instruction.
“Instruction” means a request made by the Instructing Party to Grosvenor Medical Ltd to provide the Services (or any part thereof).
Such request may be made in writing email or orally. All further instructions and communications relating to each individual case must strictly be made via Grosvenor Medical Ltd and not directly to the expert.
“Grosvenor Medical Ltd” means Premier Healthcare Nw Ltd. whose registered office is at Laburnum Cottage, Tai Nant, Pen-y-cae, Wrexham LL14 1UG. The term “Grosvenor Medical Ltd” shall also include any associated or related company of Premier Healthcare Nw Ltd.
“The Services” means:
(1) the making of all such arrangements as may reasonably be required to enable the medical expert chosen by the Instructing Party to carry out an examination.
(2) Arranging for the medical expert to prepare a medical report for use by the Instructing Party in connection with a claim or potential claim for damages in respect of a personal injury.
(3) Supplying such report to the Instructing Party.
(4) Providing the medical expert with copies of such medical notes, reports and x-rays as the Instructing Party may have supplied to Grosvenor Medical Ltd prior to the examination.
(5) If so requested obtaining medical records x-rays and notes on behalf of the Instructing Party and supplying the same to the expert.
(6) Reviewing the report provided by the expert to ensure compliance with the CPR CrPR Rules as to the form of the report where appropriate.
(7) Liaising with the Instructing Party, the expert and the examinee as reasonably necessary with regard to arrangements for attendance at the examination.
(8) Services may also include rehabilitation & diagnostics including but not limited to; physiotherapy, psychotherapy, surgical intervention clinically relevant radiology and pathology testing and reporting.
2. The Contract
2.1 By requesting Grosvenor Medical Ltd to perform the Services or any part of them the Instructing Party agrees that upon acceptance by Grosvenor Medical Ltd of the request the parties will be bound by these terms and conditions (unless otherwise agreed in writing by a Director of Grosvenor Medical Ltd).
2.2 The Instructing Party hereby acknowledges that there are no other agreements or understandings which in any way may add to vary alter or modify these terms and conditions and it has not relied upon any representation (written or oral) in requesting Grosvenor Medical Ltd to perform the Services or in entering into this Agreement.
2.3 The contract between Grosvenor Medical Ltd and the Instructing Party shall come into existence upon Grosvenor Medical Ltd taking any step preparatory to or in performance of the Services after receipt of an Instruction from the Instructing Party.
2.4 The Instructing Party agrees to refrain from approaching or employing the services of any employees or associate experts affiliated with Grosvenor Medical Ltd having knowingly been involved within instructed cases for a period of 12 months upon completion.
3.1 The Instructing Party shall be liable to pay Grosvenor Medical Ltd for the Services whether or not any third party shall have also agreed to make payment of the same unless and until any such payment has been received from such third party.
The amount of such payment shall be the price listed for the Services in the written quotation issued by Grosvenor Medical Ltd current at the time the Instruction was communicated to Grosvenor Medical Ltd.
3.2 Grosvenor Medical Ltd will render an invoice to the Instructing Party in relation to the Services in the case of provision of an expert report at the time of (or as soon as reasonably practicable thereafter) provision of the report and in all other cases at Grosvenor Medical Ltd’s discretion. Unless otherwise agreed in writing by a Director of Grosvenor Medical Ltd all such invoices shall be payable by the Instructing Party within 30 days of delivery without any deduction or set off whatsoever and notwithstanding any agreement by a third party to make payment thereof unless and until such payment has been received by Grosvenor Medical Ltd.
3.3 If the Instructing Party fails to make payment of any invoice by the due date then without prejudice to any other right or remedy it may have Grosvenor Medical Ltd:
3.3.1 May suspend performance of any services requested by the Instructing Party whether in relation to the matter where payment has not been made or any other matter where the Instructing Party has requested Grosvenor Medical Ltd to perform the Services.
Grosvenor Medical Ltd shall not be liable to the Instructing Party or to their client or any other person whatsoever for any loss or damage caused by such suspension;
3.3.2 Charge the Instructing Party interest on any sums unpaid for more than 30 days at the rate provided from time to time by s.6 Late Payment of Commercial Debts (Interest) Act 1998.
3.4 Charges will be made in relation to short notice appointment cancelations and non-attended consultations unless previously agreed in writing by a director of Grosvenor Medical Ltd.
3.5 Where appropriate additional charges may be made for traveling time and expenses.Such charges will be included within the written quotation.
4. Provision & Custody of Third Party Property
4.1 The Instructing Party shall be responsible for the supply to Grosvenor Medical Ltd of all relevant material to enable Grosvenor Medical Ltd to perform the services. Grosvenor Medical Ltd shall not be responsible for any delays or additional costs caused as a result of the failure by the Instructing Party to supply accurate legible or complete material or any other default in relation thereto.
4.2 Insofar as Grosvenor Medical Ltd shall have received from the Instructing Party any documentation records or other material reasonably required for the provision of the services Grosvenor Medical Ltd will take reasonable care to preserve such property but in the event that any such property shall be lost or damaged (whether by negligence or otherwise) Grosvenor Medical Ltd’s liability in respect thereof shall not exceed the limit of the liability as provided by Grosvenor Medical Ltd’s insurance policy current at the relevant time and any such liability shall exclude any claim for loss of profits business or goodwill or any special indirect or consequential loss or damage howsoever caused.
If any provision of this contract is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this contract and the remainder of the provision in question shall not be affected.
6. Relevant Law
This contract shall be governed by and construed in accordance with the laws of England and Wales and all disputes arising in connection with the contract shall be submitted to the exclusive jurisdiction of the English Courts.