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.
|
