Terms and Fees
Work performed on a time-and-expense basis will be charged in accordance with W. Charles Perry & Associates most current “Fee Schedule.” Any unusual types of work not specifically covered by the “Fee Schedule” are charged at a rate determined to be reasonable in relation to the type of work performed. Work performed under fixed price contracts will be charged at the agreed fixed amount.
TERMS OF PAYMENT
Periodic statements are rendered, usually monthly, and are due within thirty (30) days of the date of invoice. Outstanding balances past due over thirty days are subject to a delinquency charge of one and one-half percent per month until paid. W. Charles Perry & Associates without liability may withhold delivery of reports and other data and may suspend performance of its obligations to client pending full payment of all charges including any disputed amounts. All charges shall be paid prior to deposition & trial testimony; trial & deposition testimony shall be paid in advance. W. Charles Perry & Associates may examine the credit history of all clients. If client pays any charges via Visa, MasterCard, or other such third party lending institution, then client waives all rights to reverse, dispute, or otherwise complain about such payments. If client fails to dispute any charges within seven (7) days of the date of an invoice, client relinquishes all rights to dispute the charges on that invoice in the future. Retainers are credited to the final invoice. Payments by credit card will be charged an additional 1.9% service fee to repay the expense of the credit card processing company.
EXECUTION OF SCOPE OF SERVICES
W. Charles Perry & Associates will perform all work in accordance with generally accepted professional engineering practice. No other warranty, express or implied, is made concerning work performed under the agreement, including our findings, recommendations, specifications or professional advice.
W. Charles Perry & Associates will diligently proceed with the work contracted for and will provide its report in a timely manner, except for delays occasioned by factors beyond its control, were not reasonably foreseeable, or were initiated by the client.
Work under the agreement will be terminated upon receipt by W. Charles Perry & Associates of written notice from the client, provided that W. Charles Perry & Associates may complete such analyses, records, reports, and other work as is reasonably necessary to protect its professional reputation and adequately document the work performed through termination. In such event, a termination charge not exceeding ten percent of all charges incurred through termination may be made at the discretion of W. Charles Perry & Associates.
BASIC LIMITATION OF LIABILITY
Client agrees that the aggregate liability of W. Charles Perry & Associates to client and any other persons or entities arising from performance of this agreement, including costs of defense and attorney fees, for any and all injury or damage to persons or property, from any design defect, error, omission, oversight, professional negligence, or breach of contract shall be limited to the fees paid to W. Charles Perry & Associates. Client hereby releases and agrees to indemnify and hold W. Charles Perry & Associates and its employees, consultants, subcontractors, contractors, & suppliers free and harmless from any such liability to client or any third parties to the extent the aggregate of such liability exceeds this limitation of liability.
EXTENDED LIMITATION OF LIABILITY – OPTIONAL
(BY SIGNED AGREEMENT WITH ADDITIONAL FEE)
Client agrees that the aggregate liability of W. Charles Perry & Associates to client and any other persons or entities arising from performance of this agreement, including costs of defense and attorney fees, for any and all injury or damage to persons or property, from any design defect, error, omission, oversight, professional negligence or breach of contract shall be limited to the insurance coverage provided to W. Charles Perry & Associates by its professional liability, general & comprehensive liability, and umbrella insurance policies (current declarations attached).
Client hereby releases and agrees to indemnify and hold W. Charles Perry & Associates and its employees, consultants, subcontractors, contractors, & suppliers free and harmless from any liability to client or any third parties to the extent the aggregate of such liability exceeds these limitations of liability.
Client understands and agrees that client might purchase additional project-based professional liability insurance to insure client’s assumed risk and liability. All requests for additional insurance must be made in writing prior to the start of the project and accepted by insurance carriers for W. Charles Perry & Associates. Such project-based insurance must be renewed annually. All costs for any additional insurance and all administrative effort required to maintain such additional insurance will be borne by client.
CONFIDENTIALITY & PROPRIETARY INFORMATION
W. Charles Perry & Associates will hold in strictest confidence all proprietary information and trade secrets of the client to which it may be given access. Unless otherwise expressly agreed in writing, all reports, recommendations, procedures, plans, specifications, and other information provided to the client under this agreement shall be the property of W. Charles Perry & Associates. Client may use such information within the constraints of federal and state copyright laws. W. Charles Perry & Associates shall retain exclusive rights to all proprietary information, technologies, trade secrets, software, underlying electronic files, inventions, copyrights, or patentable ideas developed during performance of this agreement.
Any controversy or claim arising out of or relating to this agreement, or the breach thereof shall be settled by binding arbitration in front of a single arbitrator at Judicial Arbitration and Mediation Services (JAMS) in San Francisco, California. Judgments shall be filed in a court of competent jurisdiction in San Mateo County. If the parties cannot agree on an arbitrator, JAMS shall appoint one. The prevailing party in any action shall recover from the losing party his reasonable attorney fees and costs of suit incurred, in addition to any other relief granted. In the event that the claimed damages are within the jurisdiction of Small Claims Court in San Mateo County, both parties agree to settle such disputes there and waive all rights to appeal judgments of that court. In any dispute between client and a third party, client agrees to defend, indemnify, and pay all expenses of W. Charles Perry & Associates treating W. Charles Perry & Associates as client’s agent.
W. Charles Perry & Associates charges its Clients for services provided according to skill-level of the individual assigned to the Client’s project. For billing purposes, W. Charles Perry & Associates provides the following staff classifications to designate relative experience, training, and accomplishment within a technical field, and the standard hourly fees charged for their services.
|Principal||Senior level technical and/or management person; responsible for technical direction and/or general management or administration of the Firm; possesses authority to bind and otherwise legally commit the Firm.||$250.00 To $500.00|
|Manager||Senior technical personnel providing high-level services on individual consultative assignments and/or overall technical direction of programs; may have office or group management responsibility or functional responsibility for a technical field within the Firm.||$150.00 To $250.00|
|Senior Staff||Experienced technical professional skilled in planning, organizing, controlling, and executing complex, higher-order projects or assignments.||$100.00 To $200.00|
|Junior Staff||Experienced in instrumentation, programming, testing, analysis, library science, or the development and/or execution of defined tasks in support of larger projects or programs in support of senior staff.||$75.00 To $150.00|
|Technical Assistant||Laboratory, data processing, graphics, or other technician responsible for the execution of specialized tasks in support of senior staff.||$65.00 To $100.00|
|Administrative/ Non-technical Assistant||Personnel who assist technical staff in various administrative, non-technical areas, including scheduling report production, communications, logistics, and project support.||$50.00 To $75.00|
These rates are modified annually on January 1st or otherwise at the discretion of W. Charles Perry & Associates. Payment is required in US dollars within thirty (30) days of date of invoice.
OTHER PROJECT EXPENSES
Travel and project expenses are charged at cost plus fifteen percent (15%). Air travel is charged at the most effective fare basis for the project involved; travel time charges are limited to 3 hours each direction per trip. Expenses for goods or services required for efficient and timely performance of the client's project are valid project expenses. Such goods and services include but are not limited to materials, equipment, tools, laboratory tests, computer charges, administrative services, printing & reproduction, shipping & delivery charges, special fees, extra insurance, etc. Mileage for travel by car is charged at 75 cents per mile.
In the case of special requirements, or should you have any questions, please feel free to contact us.