AGUILERA & ASSOCIATES, Inc. will provide to you the enclosed described records subject to the following standard terms and conditions, which are part of your contract with AGUILERA & ASSOCIATES, Inc. If any term on the preceding page, or any term of any sales proposal made to you conflicts with a term stated here, then the term stated here will control except to the extent the proposal expressly states in writing that it overrides these Standard Terms and Conditions.
1. Instructions and Order Clarity. You are responsible for clearly instructing AGUILERA & ASSOCIATES, Inc. in writing as to exactly what work you want AGUILERA & ASSOCIATES, Inc. to do for you. This is the only way AGUILERA & ASSOCIATES, Inc. can ensure that its staff understands your needs and can deliver high quality work product. Accordingly, please fill out the enclosed form precisely. If you place you order by phone, your AGUILERA & ASSOCIATES, Inc. representative should confirm to you, in writing, our understanding of the work to be performed. It is your responsibility to assure that the written confirmation of your instructions is accurate. You accept responsibility for any ambiguity in the instructions that AGUILERA & ASSOCIATES, Inc. follows in completing your work. You assume the risk of any communication failure arising in the connections with any verbal instructions.
2. Change Orders. If after AGUILERA & ASSOCIATES, Inc. begins work on your project you decide you want the work done differently than as specified in the original instructions, you are responsible for providing revised instructions. If AGUILERA & ASSOCIATES, Inc. incurs costs in following any revised instructions, whether through re-work, abandoned work, or additional work, you will pay an additional charge consistent with the new work and with the original contract pricing. Your obligations regarding written instructions, as described in paragraph 1 above apply to any change order.
3. Production of Records. AGUILERA & ASSOCIATES, Inc. cannot guarantee the records custodian will make the records available. If the records are made available, AGUILERA & ASSOCIATES, Inc. will use its best efforts to assure their production within 5 working days. If the records already have been produced, AGUILERA & ASSOCIATES, Inc. may require as long as 10 working days to retrieve and produce a duplicate set from its film archives.
4. Pricing and Payment Terms. Unless otherwise agreed in writing, you will pay AGUILERA & ASSOCIATES, Inc. $37.00 for each and every record location herein listed. In addition, you will pay $0.40 for each and every page we obtain and reproduce. Where the total cost to you will exceed $500.00. AGUILERA & ASSOCIATES, Inc. will obtain your consent before completing your order. These charges apply regardless of the number of pages reproduced, and to locations where there are no records. Payment is due for goods and services no later than ten days following the invoice date. AGUILERA & ASSOCIATES, Inc. may, in its discretion, require payment of front, or on delivery.
5. Pricing and Payment Terms for Original Items Duplicated. Unless otherwise agreed in writing, you will pay AGUILERA & ASSOCIATES, Inc. $35.00 for each and every record location herein listed. In addition, you will pay $15.00 for each X-ray, CT Scan, MRI, $2.00 for each photograph, $10.00 for each videocassette, $5.00 for each audiocassette, $2.00 per square foot of blue prints we obtain and reproduce. These changes apply regardless of the number of items reproduced, and to locations where there are no records. Payment is due for goods and services no later than ten days following the invoice date. AGUILERA & ASSOCIATES, Inc. may, in its discretion, require payment up front, or on delivery.
6. Late Charges. The price agreed by AGUILERA & ASSOCIATES, Inc. for your work was agreed only with the understanding that it would be paid within the time allowed under paragraph 3 above. Thereafter, beginning on the 30th day following the invoice date, a 1.5% per calender month price premium applies and the total amount due shall be compounded monthly at that rate.
7. Waiver and Limitation of Liability, Hold Harmless, etc. The price agreed by AGUILERA & ASSOCIATES, Inc. for your work was agreed only with the understanding that AGUILERA & ASSOCIATES, Inc.'s liability arising from this agreement or AGUILERA & ASSOCIATES, Inc.'s performance of it shall not exceed $50.00. The risk of any further damage sustained to you or any third party as a result of AGUILERA & ASSOCIATES, Inc.'s performance, non-performance, untimely performance, or breach of this agreement, you hereby assume, and you hereby agree to defend, indemnify, and hold AGUILERA & ASSOCIATES, Inc. harmless against any such liability.
8. No Warranties. AGUILERA & ASSOCIATES, Inc. makes no warranties, expressed or implied, of any kind or nature whatsoever, including without limitation any warranty as to timeliness or quality of records obtained. You acknowledge that these matters often are beyond our control, and that the prosecutions the case at issue, and of a subpoena or authorization rights are the responsibility of the attorney in charge. You further understand that we are not attorneys and do not practice law. You agree to accept any records "as is" and with all defects.
9. Attorney's Fees. In any dispute arising from this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, reasonably incurred costs, and reasonably incurred expert fees.
10. Waiver. If at any time AGUILERA & ASSOCIATES, Inc.'s services do not conform to your expectations, you will notify AGUILERA & ASSOCIATES, Inc. in writing within a reasonable time not to exceed 30 days and you will state precisely the nature of your complaint. Any failure by you to provide such written notice shall waive all claims based in any part on such non-conformity, and no evidence of such non-conformity shall be admissible in any legal proceeding unless first offered by AGUILERA & ASSOCIATES, Inc.
11. Miscellaneous. California law shall govern this agreement. Jurisdiction and venue shall be proper in the State and Federal Courts located in the County of Los Angeles only. Telecopied signatures shall have the effect of original signatures. This agreement may be executed in counter-parts. These Standard Terms and Conditions form an essential but not complete statement of the agreement between you and AGUILERA & ASSSOCIATES, Inc.
1. Instructions and Order Clarity. You are responsible for clearly instructing AGUILERA & ASSOCIATES, Inc. in writing as to exactly what work you want AGUILERA & ASSOCIATES, Inc. to do for you. This is the only way AGUILERA & ASSOCIATES, Inc. can ensure that its staff understands your needs and can deliver high quality work product. Accordingly, please fill out the enclosed form precisely. If you place you order by phone, your AGUILERA & ASSOCIATES, Inc. representative should confirm to you, in writing, our understanding of the work to be performed. It is your responsibility to assure that the written confirmation of your instructions is accurate. You accept responsibility for any ambiguity in the instructions that AGUILERA & ASSOCIATES, Inc. follows in completing your work. You assume the risk of any communication failure arising in the connections with any verbal instructions.
2. Change Orders. If after AGUILERA & ASSOCIATES, Inc. begins work on your project you decide you want the work done differently than as specified in the original instructions, you are responsible for providing revised instructions. If AGUILERA & ASSOCIATES, Inc. incurs costs in following any revised instructions, whether through re-work, abandoned work, or additional work, you will pay an additional charge consistent with the new work and with the original contract pricing. Your obligations regarding written instructions, as described in paragraph 1 above apply to any change order.
3. Production of Records. AGUILERA & ASSOCIATES, Inc. cannot guarantee the records custodian will make the records available. If the records are made available, AGUILERA & ASSOCIATES, Inc. will use its best efforts to assure their production within 5 working days. If the records already have been produced, AGUILERA & ASSOCIATES, Inc. may require as long as 10 working days to retrieve and produce a duplicate set from its film archives.
4. Pricing and Payment Terms. Unless otherwise agreed in writing, you will pay AGUILERA & ASSOCIATES, Inc. $37.00 for each and every record location herein listed. In addition, you will pay $0.40 for each and every page we obtain and reproduce. Where the total cost to you will exceed $500.00. AGUILERA & ASSOCIATES, Inc. will obtain your consent before completing your order. These charges apply regardless of the number of pages reproduced, and to locations where there are no records. Payment is due for goods and services no later than ten days following the invoice date. AGUILERA & ASSOCIATES, Inc. may, in its discretion, require payment of front, or on delivery.
5. Pricing and Payment Terms for Original Items Duplicated. Unless otherwise agreed in writing, you will pay AGUILERA & ASSOCIATES, Inc. $35.00 for each and every record location herein listed. In addition, you will pay $15.00 for each X-ray, CT Scan, MRI, $2.00 for each photograph, $10.00 for each videocassette, $5.00 for each audiocassette, $2.00 per square foot of blue prints we obtain and reproduce. These changes apply regardless of the number of items reproduced, and to locations where there are no records. Payment is due for goods and services no later than ten days following the invoice date. AGUILERA & ASSOCIATES, Inc. may, in its discretion, require payment up front, or on delivery.
6. Late Charges. The price agreed by AGUILERA & ASSOCIATES, Inc. for your work was agreed only with the understanding that it would be paid within the time allowed under paragraph 3 above. Thereafter, beginning on the 30th day following the invoice date, a 1.5% per calender month price premium applies and the total amount due shall be compounded monthly at that rate.
7. Waiver and Limitation of Liability, Hold Harmless, etc. The price agreed by AGUILERA & ASSOCIATES, Inc. for your work was agreed only with the understanding that AGUILERA & ASSOCIATES, Inc.'s liability arising from this agreement or AGUILERA & ASSOCIATES, Inc.'s performance of it shall not exceed $50.00. The risk of any further damage sustained to you or any third party as a result of AGUILERA & ASSOCIATES, Inc.'s performance, non-performance, untimely performance, or breach of this agreement, you hereby assume, and you hereby agree to defend, indemnify, and hold AGUILERA & ASSOCIATES, Inc. harmless against any such liability.
8. No Warranties. AGUILERA & ASSOCIATES, Inc. makes no warranties, expressed or implied, of any kind or nature whatsoever, including without limitation any warranty as to timeliness or quality of records obtained. You acknowledge that these matters often are beyond our control, and that the prosecutions the case at issue, and of a subpoena or authorization rights are the responsibility of the attorney in charge. You further understand that we are not attorneys and do not practice law. You agree to accept any records "as is" and with all defects.
9. Attorney's Fees. In any dispute arising from this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees, reasonably incurred costs, and reasonably incurred expert fees.
10. Waiver. If at any time AGUILERA & ASSOCIATES, Inc.'s services do not conform to your expectations, you will notify AGUILERA & ASSOCIATES, Inc. in writing within a reasonable time not to exceed 30 days and you will state precisely the nature of your complaint. Any failure by you to provide such written notice shall waive all claims based in any part on such non-conformity, and no evidence of such non-conformity shall be admissible in any legal proceeding unless first offered by AGUILERA & ASSOCIATES, Inc.
11. Miscellaneous. California law shall govern this agreement. Jurisdiction and venue shall be proper in the State and Federal Courts located in the County of Los Angeles only. Telecopied signatures shall have the effect of original signatures. This agreement may be executed in counter-parts. These Standard Terms and Conditions form an essential but not complete statement of the agreement between you and AGUILERA & ASSSOCIATES, Inc.