CLIENT AGREEMENT
1. BILLING. All billing done by HAINES OBTAINS! LTD.
("Haines") for appraisal services ("Appraisal")
rendered to client (“Client”) during Standard
Business Hours (herein defined as between 9 A.M.-5 P.M. Pacific
Standard Time from Monday-Friday) shall be computed at the
hourly rate of Two Hundred Dollars ($200.00) U.S. Currency.
All Appraisals rendered to Client on Saturday from 9 A.M.-5
P.M. Pacific Standard Time shall be computed at the hourly
rate of Two Hundred and Fifty Dollars ($250.00) U.S. Currency.
All Appraisals rendered to Client on Sunday from 9 A.M.-5
P.M. Pacific Standard Time shall be computed at the hourly
rate of Three Hundred Dollars ($300.00) U.S. Currency. All
Appraisals rendered to Client at any other time (herein defined
as: all national or religious holidays, or at any time commencing
before 9 A.M. or after 5 P.M., Pacific Standard Time, on
any Standard Business Day), shall be billed at the "overtime" hourly
rate of Three Hundred Dollars ($300.00) U.S. Currency. For
any final fraction of an hour thereof; Client shall be billed
pro rata at the stipulated rate.
2. TRAVEL EXPENSES. For all Appraisals located fifty (50) miles
or more outside the environs of Los Angeles, CA, certain travel expenses
may be applicable, including without limitation, hotel, rental car, airfare,
per diem and other associated expenses (collectively “Travel Expenses”).
Haines, in its sole discretion, reserves the right to refuse acceptance
of any such Appraisal as set forth in provision 2 of this Agreement,
unless and until it expressly approves all related Travel Expenses.
3. LATE CHARGES. For all bills not paid by Client in a timely
manner, defined as thirty (30) days from presentation by Haines of the
billing statement, Haines may in its sole discretion, impose a late charge
of One and One-Half Percent (1.5%) per month of the active balance due
and payable for the Appraisal, or an APR not to exceed Eighteen and One-Half
Percent (18.5%) per annum, whichever is greater.
4. DEPOSIT. Haines shall require
from Client a deposit not to exceed Fifty Percent (50%) of the final
anticipated Appraisal cost (when said cost is known.) In the event the
final amount of the Appraisal is unknown, Haines will apply the deposit
against the total, leaving a balance due and payable before Client can
take possession of the Appraisal. If the deposit should, for any reason,
exceed the total, the difference will be refunded to Client in a timely
manner. Notwithstanding the foregoing, UNDER
NO CIRCUMSTANCES SHALL HAINES SURRENDER ANY APPRAISAL TO CLIENT, HIS
REPRESENTATIVES, ASSIGNS, AGENTS, SUCCESSORS IN INTEREST OR ANY ASSOCIATED
ENTITIES OR THIRD PARTIES, UNTIL THE FINAL BALANCE IS PAID IN FULL.
5. TURNAROUND TIME: Haines will use "best efforts" to
prepare each Appraisal in a timely manner. On average, Haines anticipates
a turnaround time of approximately four (4) weeks for each Appraisal
barring "unforeseen circumstances." For purposes of this provision "turnaround
time" is herein defined as: commencing not from the date on which
Haines concludes its in situ inspection of all disclosed valuables of
the Client, but as of the date when all applicable materials ("Materials")
are submitted to a typist for compilation. Client herein acknowledges
and accepts that once Haines submits said Materials to the typist (contemplated
in good faith by Haines to occur within 2 (Two) weeks of the conclusion
of all work in situ), NO MORE MATERIAL WILL BE ACCEPTED BY HAINES FOR
COMPILATION INTO THAT APPRAISAL. For all subsequent Materials provided
by Client, Haines may elect, in its sole discretion, to list them on
a separate addendum to the Appraisal, billing the Client for all additional
expenses incurred thereby.
6. "RUSH JOB". Client may request Haines to do the Appraisal
as a "Rush Job." "Rush Job" is herein defined as:
any Appraisal that requires a turnaround time of approximately 2 (Two)
weeks ("turnaround time" as defined in the provision 4.) For
an Appraisal to be accepted as a "Rush Job" by Haines both
of the following conditions must be met: i) Client must request the Appraisal
to be a "Rush Job" prior to Haines' submission of Materials
to the typist and; ii) Haines, in its best professional judgment, believes
that said Appraisal can be done to exacting standards in an accelerated
time frame. Concomitant with the preceding, Haines reserves the right
to refuse a Client "Rush Job" status if it does not feel it
can satisfactorily perform in the allotted time. For all such "Rush
Job" Appraisals that Haines accepts, a surcharge of Five Hundred
Dollars ($500.00) U.S. Currency will be imposed.
7. PRODUCTION OF MATERIALS. Client shall make all reasonable efforts
to provide Haines with all applicable pricing and proofs of authenticity
including without limitation: store receipts, invoices, proof of provenance,
gallery comparables and additional background information prior to the
commencement of the Appraisal by Haines. For all such information as
Haines does not receive, Client shall indemnify, defend, protect, save
and hold Haines harmless from any pricing inaccuracies or errors arising
from such lack of information as it relates to the anticipated CRV (Current
Retail Value) or FMV (Fair Market Value) of any piece in the Appraisal.
For all such information the Client provides (pursuant to this provision),
Haines takes full reliance that such information contained therein is
true and correct. Haines shall not be held responsible or liable for
any claims, promises or misrepresentations that may have been made to
the Client by any store, gallery, third party, entity, agent, assign
or heir concerning the anticipated or future CRV or FMV of any piece
in the Appraisal.
8. CANCELLATION. Client herein agrees to give Haines at least
Twenty-Four (24) hour notice by telephone, facsimile or other similarly
expedient form of communication for any cancellation of a scheduled Job.
For any failure to provide Twenty-Four (24) hour notice without good
cause, Haines shall be compensated by Client de minimus at the full day
(8 hour) rate of One Thousand Six Hundred Dollars ($1,600.00) U.S. Currency
In the event that Client fails to inform Haines of a cancellation (as
set forth above) and an appraiser travels to the Client's residence,
office or other mutually approved location, the Client shall compensate
Haines at an hourly billing rate of Two Hundred Dollars ($200.00) U.S.
Currency plus associated transit time (prorated on the above-referenced
hourly rate.)
9. RIGHT OF REFUSAL. Haines may, in its discretion, elect to refuse
to take on a Client or to terminate a Client (at any stage of the Appraisal
process) for “cause.” "Cause" shall be defined
herein (for purposes of this provision) as: the perception by Haines,
whether actual or apparent, that any Client is engaging in conduct where
their lack of communication, cooperation or ethical standards might not
only compromise the professional expertise, good will and integrity of
Haines (with respect to any Appraisal or Appraisals) but said Client
may endeavor to financially harm Haines by placing Haines in a conflict
of interest position with another Client or with the business community
at large.
10. OTHER SERVICES. For any and all additional services offered
by Haines, including without limitation, jewelry repair, jewelry design,
art acquisition, and art brokerage, Client agrees to accept and be bound
by the terms of the Rate Sheet set forth on Schedule A, incorporated
herein by reference.
11. ARBITRATION. In order to save the parties the time and expense
of court action should a dispute arise in connection with this Agreement,
the parties agree to submit the matter to binding arbitration pursuant
to the terms and conditions of the American Arbitration Association (in
the venue of Los Angeles, California) and hereby waive the right to bring
suit in any court of competent jurisdiction. Moreover, the decision in
any such arbitration proceeding shall be enforceable in a Superior court,
or any equivalent judiciary forum, in the State of California.
12. ATTORNEY FEES AND COST. Should arbitration or litigation in
any form become necessary to enforce the provisions of this Agreement,
the prevailing party shall be entitled to reimbursement and indemnification
from the other party for legal fees and costs incurred in enforcing the
Agreement.
13. MISCELLANEOUS. This Agreement contains the entire agreement
between the parties with respect to the subject matter hereof and supersedes
all prior agreements, written or oral. This Agreement shall be binding
upon the parties hereto and shall inure to the benefit of their respective
executors, administrators, heirs and successors in interest. Nothing
herein contained shall be construed to place the parties in the relationship
of principal and agent, partners, joint venturer and neither party shall
be liable for any obligation, liability, representation, negligent act
or omission to act on the part of the other except as expressly set forth
herein. This Agreement may be not be assigned, sold or otherwise transferred
by either party, voluntarily or involuntarily, direct or indirectly,
to any other entity or third party, without the prior written consent
of Haines. In the event that any of the terms of this Agreement are in
conflict with any rule or statutory provision or otherwise unenforceable
under the laws of regulation of any jurisdiction in the United States
of America, or any governmental subdivision or agency thereof, such terms
shall be stricken from this Agreement, but such invalidity, illegality
or unenforceability shall not in any way effect, impair, invalidate or
render unenforceable this Agreement or any other provision thereof, and
said Agreement shall then continue in full force and effect. The validity,
construction and unenforceability shall be construed by and governed
in accordance with the laws of the State of California. |
