Agreement for Professional Services/Consultancy Agreement
This Agreement for Professional Services is made and effective on by and between the BELOW INVOICE Inc. (“Firm”)and , an individual (“Client”), referred to collectively as the “Parties.”
Purpose: Client retains Firm to Consult and/or Represent Client, and Firm agrees to provide consultation and represent Client’s interests, according to the terms set forth in this Agreement within all applicable Laws and Regulations.
Scope of Work:The Firm will represent Client regarding only on the following matters: General Counseling, Credit Qualification/Evaluation and Negotiation Services, specifically as listed herein regarding a potential vehicle procurement and/or purchase and/or lease agreement negotiations. Representation specifically excludes financing, brokerage contract agreement, DMV service or transfer, auto trade-in transactions and after market purchases or any debt settlement. If Firm is to be retained for any of these excluded services, an agreement for such services shall be by way of a separate, written as a separate contract.
Time Period: The maximum length of this agreement shall be six (6) months from the date of execution of this Agreement. All fees paid shall be credited toward six (6) months of professional consulting. In the event both parties wish to extend the length of this agreement, any extension shall be completed and executed in writing and may require an additional retainer payment to be defined in a new Agreement. Such fees are not to be considered a down payment or retainer fee for a direct auto purchase. Client understands that Firm is not responsible for any delays caused by any dealers and or lenders relied upon through this process.
Definition of Services: This Agreement confirms that Firm will represent Client only with respect to the matters described in Paragraph 2 above. Any other matters, except those incidental to and necessarily related to the covered matters, shall be performed only by way of amending this Agreement or entering a new Agreement with the consent of both parties.
Fees: Client agrees to pay Firm, for consultancy services, at the rate set forth below or included in attached “CONTINGENT FEE AGREEMENT” if any. Retainer for services, under the Purpose Section of this Agreement, shall be: $5000.00 & 2% of the purchase price of the vehicle, which shall be payed in two payments. The initial payment of $5000 will be collected immediately upon signing of this agreement. The remaining 2% of the purchase price of the vehicle will be due immediately upon delivery of the vehicle. Payment is considered retainer fee and is not refundable. It does not constitute a deposit or down payment.. Failure by Client to pay all earned fees will result in cancellation of client’s file, followed by collection efforts. Invoices must be paid within fifteen (15) days of the date of this Agreement. Firm reserves the right to terminate this contract and retain all monies paid, as liquidated damages, in the event Client fails to pay any portion of the retainer. A fee of $25 will be charged for any insufficient fund event and services will cease until the payment is made whole.
No Guarantees:Firm agrees to use its best reasonable efforts in representing Client and to perform all services in a professional, manner. However, Client recognizes that Firm cannot guarantee the outcome of any service contracted herein Client recognizes that Firm represents to the Client or any other party, that services will be performed in accordance with the applicable laws which govern the consulting and/or auto sale industries, including, but not limited to, the various laws and /or regulations listed on Exhibit “A”, and the National Automobile Dealers Association (NADA). This includes all applicable laws governing the practices of professional firms in the State of California as well as all applicable Federal laws. Firm is not responsible for condition of new vehicle. Any issues weather lemon law or not will be taken up with selling dealership. Firm only promises to negotiate pricing and terms, it does not make promises of vehicles condition.
Termination:Firm may terminate this Agreement Client is in breach of any of its obligations or if Firm is required to withdraw from representation of Client in accordance with the California Supreme Court Rules of professional conduct applicable to Firm. Client may terminate this Agreement at any time subject to Client’s obligation to pay Firm for services rendered pursuant to this Agreement. Termination of services does not entitle client to a refund of all or any portion of the monies paid. The Retainer is non-refundable under any circumstances.
Remedies: Client and Firm shall have up to seven (7) business days to cure any default of this Agreement from date of notification of a breach.. Upon expiration of the seventh (7th) business day, if the breach is not cured, both Client and Firm may exercise all applicable remedies as prescribed by law.
Final Agreement: This Agreement includes and encompasses the entire understanding and agreement between Client and Firm. This Agreement may be modified only by another stipulation in writing and signed and dated by both Client and Firm,. This Agreement supersedes any other previous agreements.
Headings: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
Retainer Payment Authorization
I hereby authorize Below Invoice Inc. to debit the amount of $2000.00
IN WITNESS WHEREOF, the parties here to have caused this Agreement to be executed as of this date and whereas, the undersigned is the Client and or duly authorized legal representative of the Client.
Authorized Representative for Below Invoice Inc. Date
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Signed by Cole McKeon
Signed On: March 20, 2020
If you have questions about the contents of this document, you can email the document owner.
Document Name: Hypercar Retainer
Agree & Sign