These terms and conditions apply separately for advisory Engagements, where the nature, scope and delivery of the Engagement is agreed in the Engagement Agreement.
Even if our advisory Engagements may entail checking financial or non-financial information, our advisory Engagements will not be legal advice or legal services subject to the Norwegian Courts of Justice Act, auditing, review, assurance or related services based on standards issued by the International Auditing and Assurance Standards Board (IAASB). Separate Engagement Agreements are issued for Engagements within the mentioned areas.
Should we nevertheless in our Engagement for advisory services perform services that fall under the aforementioned areas, our general terms and conditions in Part I and the relevant chapter under Part II will apply to our services even if a separate Engagement Confirmation should not be issued for these.
With respect to forensic services, these are carried out at both BDO Advokater AS and BDO AS according to the Norwegian Bar Association's guidelines for private forensic services. Forensic services carried out as legal Engagements, as a clear general rule, are subject to a full duty of confidentiality and exemption from execution in line with general rules for legal Engagements. These rules do not generally apply to forensic Engagements performed by BDO AS. The exception is instances where the involvement of lawyers is of such a nature that the forensic service is to be regarded as a legal Engagement.
The Client understands and agrees that the information it provides or forwards to us may be essential for the quality of the services we provide. As a part of our work, we will assess whether the information received is reasonable, but we will not (unless otherwise specifically agreed) undertake any form of verification of the information. In any event, BDO has no liability for any deficiencies and/or errors in the delivery of services that may result from received information being incomplete, incorrect or not updated.
The Client is required to indemnify BDO for any loss arising from incorrect or incomplete information that BDO receives from the Client or its representatives. The indemnification is not contingent on negligence on the part of the Client or its representatives.
BDO's work is carried out within a limited time frame and the scope and completeness of the analyses made must be viewed in light of this. BDO cannot vouch for that all relevant circumstances have been detected or analysed.
The Client may need to have a dialogue with our project manager or others in the project team. Such dialogue is to be regarded as a delivery from BDO unless otherwise agreed in writing. Deliveries may be made through dialogue between BDO and the Client if this is agreed in writing. The Client must therefore ask for such a written agreement. BDO will then carry out ordinary quality assurance, which may entail involving other resources and a partner and will be invoiced. Unless oral advisory is agreed in writing and such quality assurance is completed, BDO will not be responsible for the Client's use and the result of such use of dialogue performed by employees of BDO.
We may refer to the Client and our role in the transaction on a general and overarching basis in connection with the sale and marketing of our services, as well as when creating records in BDO's internal transaction databases and on BDO's website.