1. Compensation Terms & Conditions
Client agrees to the following compensation and payment terms:
Pricing for Consulting, Inspection and Training Services will be quoted upon request and will be based on the terms listed below.
Rates for Consulting and Inspection Services
$150.00/hr regular time (x1)
$225/hr over time (x 1.5)
$300.00/hr over time (x 2)
Travel terms:
- Travel charges apply to all work at Client's location, calculated from zip code 92530, as follows:
- Within 20 miles, $100 round trip
- Within 21 to 30 miles, $250 round trip
- Within 31 to 80 miles $400 round trip
- Over 81 miles, request quote.
Minimum Charge for Consulting and Inspection Services work performed Onsite (at client's location):
(1) Work within 20 miles, $1,300 total (includes 8 hrs min charge plus travel)
(2) Work within 21 to 30 miles, $1,450 total (includes 8 hrs min charge plus travel)
(3) Work within 31 to 80 miles, $1,600 total (includes 8 hrs min charge plus travel)
(4) Work within over 81 miles, as quoted
Per Diem: $250 per day
Minimum Charge for consulting and inspection related work performed at our facility:
(1) Hourly rates listed above for Consulting, Inspection and Welding Expert Witness applies
(2) Minimum four (4) hours retainer required or payment in full
(3) Fixed price quotes must be paid in full to schedule work.
Additional Charges:
- After eight (8) hours of work, overtime and double time rates apply, except for fixed price quotes.
- Dye Penetrant Testing Kit $170
Rates for Welding Expert Witness:
$300.00/hr regular time (x1)
$450.00/hr over time (x 1.5)
$600.00/hr over time (x 2)
Travel terms:
- Travel charges apply to all work at Client's location, calculated from zip code 92530, as follows:
- Within 20 miles, $100 round trip
- Within 21 to 30 miles, $250 round trip
- Within 31 to 80 miles $400 round trip
- Over 81 miles, request quote.
Minimum Charge for Welding Expert Witness work performed Onsite (at client's location/courthouse):
(1) Work within 20 miles, $2,500 total (includes 8 hrs min charge plus travel)
(2) Work within 21 to 30 miles, $2,650 total (includes 8 hrs min charge plus travel)
(3) Work within 31 to 80 miles, $2,800 total (includes 8 hrs min charge plus travel)
(4) Work within over 81 miles, as quoted
Minimum Charge for Welding Expert Witness work performed at our facility:
(1) Minimum four (4) hours retainer required ($1,200) or
(3) Fixed price quotes must be paid in full to schedule work
Additional Charges:
- After eight (8) hours of work, overtime and double time rates apply, except for fixed price quotes.
- For long distance travel, if additional days are needed due to unforseen circumstances such as bad weather and flight cancellations, customer is responsible for paying hotel and per diem daily.
Scheduling & Payment Terms for Onsite (Client's location) Consulting, Inspection, Training and Welding Expert Witness work:
- Confirmation of scheduled onsite work requires payment by Client at least five (5) business days prior to scheduled on-site work.
- Travel expenses quoted upon request are subject to change according to pricing (for airfare, hotel, car rental, etc) at the time of scheduling work. Client is responsible for paying the amount quoted (updated) at time of scheduling
Scheduling & Payment Terms for work to be performed at our facility:
- Fixed price quotes must be paid in full to schedule work.
- Scheduling work to be performed at our facility requires payment in full by Client or retainer.
- Any unused portion of the retainer can be reimbursed or applied to future work per Client's request
Cancellation and rescheduling: For cancelled or rescheduled work, a $500 non-refundable fee applies.
2. Pricing and Terms for Document Preparation is as follows:
• PQR / Procedure Qualification Record:
- Price may range from $1,200 to $2,500 for each PQR, depending on lab work required
- Consultant will provide an approximate quote to Client and Client must agree in writing on a base price before work is performed
- Client must pay in full prior to scheduling work
- Client agrees to pay for any additonal charges
- Charges quoted may change when circumstances arise that are out of the control of the Consultant, such things as:
- welder skills and speed
- delays and interruptions caused by the Client and/or its employees
- outsourcing lab work
- scope creep
• WPS / Welding Procedure Specification
- Pre-qualified WPS or WPS written from a PQR:
- 5 business days for prequalifed WPS preparation
- $375 for the first WPS/PQR
- $275 for each additional WPS based on the first WPS prepared or similar in nature
- $350 expedited fee for 2 busiiness day turnaround
- up to 2 revisions included with each WPS at no additional cost
• WPQR / Welder Performance Qualification Record
- $275 for each WPQR prepared after testing welding personnel at Client’s location
• Inspection Report
- $375 for each Inspection report prepared
Client must pay Consultant in full prior to scheduling work. If additional fees are incurred as mentioned above, payment must be received in full for Consultant to release the prepared documents (PQRs, WPSs, Reports, Etc).
• Consultant will not deliver to Client any unpaid documents prepared.
3. Independent contractor status
The parties agree that this Agreement creates an independent contractor relationship, not an employment relationship. The Consultant acknowledges and agrees that the Client will not provide the Consultant with any employee benefits, including without limitation any employee stock purchase plan, social security, unemployment, medical, or pension payments, and that income tax withholding is Consultant’s responsibility. In addition, the parties acknowledge that neither party has, or shall be deemed to have, the authority to bind the other party.
4. Indemnification
Notwithstanding any other term of this Agreement, Client shall indemnify, defend and hold harmless Consultant, current or future directors, trustees, officers, and professional staff, and their respective successors, heirs and assigns (the “Indemnitees”), against any claim, liability, cost, damage, deficiency, loss, expense or obligation of any kind or nature (including without limitation to reasonable attorneys’ fees and other costs and expenses of litigation) incurred by or imposed upon the Indemnities or any one of them in connection with any claims, suits, actions, demands or judgments arising out of this Agreement (including, but not limited to, actions in the form of tort, warranty, or strict liability).
5. Confidential Information
(a) The parties acknowledge that in connection with Consultant’s Services, the Client may disclose to Consultant confidential and proprietary information and trade secrets of the Client, and that Consultant may also create such information within the scope and in the course of performing the Services. Such information may take the form of, for example: the Client’s know-how; the Client’s manufacturing strategies and processes; the Client’s past, present and future business plans. Notwithstanding the above, the Client acknowledges and agrees that none of the information provided to Consultant by Client will be considered Client Confidential Information for purposes of this Agreement, unless the information is disclosed to Consultant by the Client in writing and is clearly marked as confidential, or, where verbally disclosed to Consultant by the Client, is followed within thirty (30) days of such verbal disclosure by a writing from the Client confirming such disclosure and indicating that such disclosure is confidential.
(b) Subject to the terms and conditions of this Agreement, Consultant hereby agrees that during the term of this Agreement and for a period of three (3) years thereafter: (i) Consultant shall not publicly divulge, disseminate, publish or otherwise disclose any Client Confidential Information without the Client’s prior written consent, which consent shall not be unreasonably withheld; and (ii) Consultant shall not use any such Client Confidential Information for any purposes other than consultation with the Client.
(c) Notwithstanding any other term of this Agreement, the Client agrees that it shall not disclose to Consultant any information which is Client Confidential Information: (i) except to the extent necessary for Consultant to fulfill Consultant’s obligations to the Client under this Agreement; or (ii) unless Consultant has agreed in writing to accept such disclosure. All other information and communications between the Client and Consultant shall be deemed to be provided to Consultant by the Client on a non-confidential basis. The Client further agrees that Consultant shall not be liable to the Client or to any third party claiming by or through the Client for any unauthorized disclosure or use of Client Confidential Information which occurs despite Consultant’s compliance with Consultant’s obligations under this Agreement.
(d) Upon termination of the Agreement, or any other termination of Consultant’s services for the Client, all records, drawings, notebooks and other documents pertaining to any Confidential Information of the Client, whether prepared by Consultant or others, and any material, specimens, equipment, tools or other devices owned by the Client then in Consultant’s possession, and all copies of any documents, shall be returned to the client, except Consultant may keep copies of all documents for his or her files (which copy shall be subject to the confidentiality and non-use requirements set out in this Agreement).
6. Term of this Agreement
(a) This Agreement shall remain in effect until Consultant has performed and delivered all work requested by Client.
(b) This Agreement may be terminated by either party, with or without cause, upon fifteen (15) days prior written notice to the other; provided that if Consultant terminates this Agreement, Consultant shall, in accordance with the terms and conditions hereof, nevertheless wind up in an orderly fashion assignments for the Client which Consultant began prior to the date of notice of termination hereunder.
(c) Upon termination of this Agreement for any reason, Consultant shall be entitled to receive such compensation, if any, accrued under the terms of this Agreement, but unpaid, as of the date Consultant ceases work under this Agreement. In addition, Consultant shall be reimbursed for any non-cancellable obligations, any cancellation penalties, and, unless Consultant terminates the agreement without cause, any expenditures reasonably made in order to perform the Services that were to occur had cancellation not occurred.
(d) No alteration or modification of this Agreement shall be valid unless made in writing and executed by Consultant and the Client.
(e) The laws of California shall govern this Agreement