AGREEMENT NORWITCH DOCUMENT LABORATORY Printable PDF Version
This agreement, between Norwitch Document Laboratory, hereinafter referred to as NDL, and __________________________________________, hereinafter referred to as the Employer, in the matter of __________________________________________, that in consideration of the terms and conditions hereinafter set forth, it is mutually agreed by NDL and the Employer as follows:
1. The Employer hereby employs NDL and shall be responsible for all monies due NDL in accordance with this agreement regardless of any agreement that the Employer may have with a third party concerning payment of such fees.
2. The Employer shall pay to NDL a non-refundable retainer of USD 2000.00 upon execution of this Agreement. This money represents a minimum fee at USD 400.00 per hour, unless amended by Paragraph 9. This retainer will be applied to the total cost of examination and report, consultations, on-site meetings, and exhibit preparation, which will be at the rate of USD 400.00 per hour, or any part thereof. NDL is not retained, and case examination will not begin until both retainer and executed Retainer Agreement have been received.
3. The Employer shall compensate NDL at the rate of USD 400.00 per hour (or any part thereof), portal to portal, for court or court related testimony, such as depositions and preparation of interrogatories. A separate retainer will be required for all court, court related testimony and depositions, with the exception of interrogatories. This retainer, must be received no later than five (5) business days prior to such activity and will be in an amount dependent upon venue and estimated court and standby time. As a courtesy, Opposition will be invoiced for Opposition-requested depositions, however the Employer will be ultimately responsible for payment if not received from Opposition. The initial minimum examination retainer, as set forth in Paragraph 2, does not apply to court related functions.
4. In those instances where travel out of the South Florida area becomes necessary, NDL will charge an hourly rate of US$D 400.00 (or any part of an hour thereof) not to exceed USD 4800.00 per day for on-site examinations, and US$D 400.00 per hour not to exceed USD 4,800.00 per day for court-related functions. In addition to this rate, the Employer agrees to reimburse NDL for all travel related expenses, including business or first class air fare depending upon availability.
5. In addition to all payments set forth above, the Employer shall reimburse NDL for any out-of-pocket expenses incurred on behalf of the Employer. These expenses may include, but are not limited to, purchase of specific case-related materials, photographic/photocopying needs, and courier service.
6. In consideration of the above, NDL will provide the following for the Employer: Examination and comparison of questioned documents, including written report of such examination and/or affidavit; sworn testimony pertaining to the examination and results; exhibits required to demonstrate such results.
7. Both NDL and the Employer shall have the right, at any time, with or without cause, to terminate this agreement. Upon such termination, NDL will return to the Employer, upon request, all documents or evidence submitted by the Employer. The Employer agrees to immediately pay to NDL all monies due as set forth in this Agreement up to the date of termination.
8. Upon completion of each service rendered by NDL to the Employer, and subsequent billing for same, the Employer agrees to immediately pay to NDL all compensation set forth in this Agreement. In the event any invoiced monies remain due after a period of sixty (60) days from date of invoice, NDL shall have the right to pursue such avenues as necessary to secure said monies at the expense of the Employer. The Employer agrees to pay all costs associated with the collection of any outstanding fees owed NDL, including attorney fees and court costs incurred by NDL for the collection of monies due and outstanding. Further, the Employer shall pay interest at the rate of 18% on all money deemed overdue.
9. AMENDMENT: ___________________________________________________________________________________________________________________________________________________
________________________________________________ (NDL) Dated this _______ day of ________________, 20______.
________________________________________________ (Employer) Dated this _______ day of ________________, 20______.