In Case of Emergency, 
Click Here

COLLISION and INJURY DYNAMICS, Inc.

149 Sheldon Street
El Segundo, CA 90245
Tel: 310-414-0449
Fax: 310-414-9490

©2006 COLLISION and INJURY DYNAMICS, Inc.

Web design by
IVY COMMUNICATIONS

Terms and Conditions of Agreement    

CHARGES
Work performed on a time-and-expenses basis will be charged in accordance with the most current Schedule of Rates and Charges of Collision and Injury Dynamics, Inc.

Work performed under fixed price contracts will be charged at the agreed fixed amount. Any unusual types of work not specifically covered by the Rates and Charges are charged at a rate determined to be reasonable in relation to the type for work performed.

At the discretion of Collision and Injury Dynamics, Inc., a suitable retainer may be required from the Client in advance. Such amounts will be held by Collision and Injury Dynamics, Inc. until the final invoice, at which time the Client's account will be reconciled.

Evidence storage and disposal after closure of Collision and Injury Dynamics, Inc.'s case file will be the responsibility of the Client. Upon a request from the Client Collision and Injury Dynamics, Inc. will provide storage space for a reasonable fee, which the Client agrees to reimburse monthly upon presentation of an invoice from Collision and Injury Dynamics, Inc.

PAYMENT
Invoices are typically rendered monthly, and are due upon receipt. Outstanding balances past due over thirty (30) days are subject to a delinquency charge until paid. Collision and Injury Dynamics, Inc. without liability, may withhold delivery of reports and other data, and may suspend performance of its obligations to the Client, pending full payment of all charges. Furthermore, Collision and Injury Dynamics, Inc. reserves the right to decline further work with any Client delinquent in payment of charges due to Collision and Injury Dynamics, Inc. for previous work, until such balances are paid in full.

EXECUTION OF SCOPE OF SERVICES
Collision and Injury Dynamics, Inc. will perform all work in accordance with generally accepted professional engineering practices. No other warranty, express or implied, is made concerning work performed under the agreement, including Collision and Injury Dynamics, Inc.'s findings, recommendations, specifications, or professional advice.

Collision and Injury Dynamics, Inc. will diligently proceed with the contracted work and report to the Client in a timely manner, except for delays occasioned by factors beyond Collision and Injury Dynamics, Inc. control, by factors that were not reasonably foreseeable, or by factors initiated by the Client.

Work under the agreement will be terminated upon receipt by Collision and Injury Dynamics, Inc. of written notice from the Client, except that Collision and Injury Dynamics, Inc. may complete such analyses, records, and reports as are reasonably necessary to protect the professional reputation and adequately document the work performed through termination. Charges for such work will be kept to a reasonable minimum, not exceeding ten percent (10%) of total charges incurred through the date of termination. Work under the agreement may be terminated by Collision and Injury Dynamics, Inc. only for just cause This includes, but is not limited to development of a material conflict of interest, judicially required participation in onerous discovery or other legal process outside the intended scope of the work, or the presence of circumstances beyond Collision and Injury Dynamics, Inc.'s control such as natural disasters or government intervention.

Collision and Injury Dynamics, Inc., unless other specific arrangements are made, will maintain its technical files for thirty (30) days after the final payment is received and the case file is closed. Financial records will be retained according to IRS requirements, but not less than one year after the date the final payment is received and the case file is closed.

MISCELLANEOUS
The client assumes full and complete responsibility for all uses and applications of Collision and Injury Dynamics, Inc.'s recommendations or work under this agreement or failure to use these recommendations or work, and agrees to indemnify and hold harmless Collision and Injury Dynamics, Inc., its officers, directors, employees, agents, or shareholders against any and all liability, damages, losses, claims, demands, actions, causes of action, costs including attorneys' fees and expenses, resulting from the death or injury to any person or damage to any property or any other alleged damages resulting from the afore mentioned use, application or nonuse of Collision and Injury Dynamics, Inc.'s recommendations or work under this agreement.

The Client agrees that in no event shall Collision and Injury Dynamics, Inc., its officers, directors, employees, agents, or shareholders be liable for any incidental or consequential damages, direct or indirect, arising from Collision and Injury Dynamics, Inc.'s services under this agreement.

Collision and Injury Dynamics, Inc. 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 and other information provided to the Client under this agreement shall be the joint property of the Client and Collision and Injury Dynamics, Inc., and may be used without restriction by either However, unless otherwise expressly agreed in writing, Collision and Injury Dynamics, Inc. shall retain exclusive rights to all proprietary information, technologies, trade secrets, inventions, or patentable ideas developed during the performance of this agreement.

In any litigation involving the Client in which Collision and Injury Dynamics, Inc. is compelled by subpoena or judicial order to testify at a deposition or trial, or to produce documents regarding work performed by Collision and Injury Dynamics, Inc. for the Client, the Client agrees to compensate Collision and Injury Dynamics, Inc., at Collision and Injury Dynamics, Inc.'s prevailing hourly rates, for all time spent by Collision and Injury Dynamics, Inc. in responding to such legal process, including all time spent in preparing for such testimony The Client also agrees to pay Collision and Injury Dynamics, Inc.'s reasonable attorneys' fees and expenses incurred in connection with the foregoing In the event of any such subpoena or judicial order, Collision and Injury Dynamics, Inc. will give prompt notice to the Client to allow the Client to object to any such testimony or production of documents.

In the event of a lawsuit between the Client and Collision and Injury Dynamics, Inc. under this agreement, such lawsuit shall be filed and tried only in a court of competent Jurisdiction within Los Angeles County, California California law shall apply to any such proceeding. 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.