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Engineering & Consulting Service Fees

And

Billing Practices

GILLENgineering applies a modified job value pricing system in establishing our fees for services. In every instance we attempt to be as cost effective as is practical in the conduct of any given project to maximize the benefits to the client. We invite discussion of cost and scope of work, both before and following the completion of any project.

Most of our billings are on a "Time and Material" basis in accordance with the following schedule. Depositions and court proceedings are billed on a "Per Diem" basis. "Fixed Price" or "Time and Materials with Cost Not to Exceed" quotations may be established for some classes of industrial work. Minimum fees and/or retainer fees may be required for certain specific types of engagements; e.g., listing GILLENgineering as expert witness. Please inquire in advance. On certain large projects which involve extraordinary requirements for cash outlays, special handling procedures will be negotiated during the planning stages of the project.

It is our practice to bill on a monthly basis. We request all invoices be processed promptly; terms are net 30 days. A 1.8 percent charge is added monthly on all invoices unpaid after thirty days. As a condition of the use of GILLENgineering services, the client agrees to assume full responsibility for all costs, fees and reasonable expenses incurred due to work on any portion of a project, including any subpoena, court order, or direct involvement in any aspect of a suit served on GILLENgineering or any member of the GILLENgineering staff arising out of the work performed for the client regardless of the time frame when served. In the event any subpoena, court order or complaint is served upon GILLENgineering or one or more of the GILLENgineering employees or associates requiring his or her or their appearance at a trial, at a deposition, or for other discovery purposes arising out of the work performed by them, the client will pay the necessary expenses and hourly fees, including attorney fees, if applicable, for the entire time spent by each employee or associate complying with the subpoena or court order, including but not limited to; time spent gathering and organizing documents and exhibits: preparing duplicates of any documents or other written, drawn or printed materials; reviewing and preparing to give testimony; traveling in response to the subpoena or order; and testifying in deposition or at trial. As a condition of the use of GILLENgineering services, the client agrees to assume full responsibility for all court costs and legal fees incurred in the collection of fees owed to GILLENgineering by the client, pursuant to this document.

If you are unable to comply with the terms and conditions as outlined, advise us immediately so we can make mutually agreeable arrangements.

Engineering and Consulting Fees

Charges for engineering and consulting shall be billed at a rate of $200 per hour.

Associates, Technical Support Services and Consulting Specialists - Quoted on Request

Court and deposition appearances are charged on a minimum of eight hours per day. If subpoenaed, the assignable costs and the standard deposition fee are the responsibility of the client and will be billed to the client, even if the project has been closed.

Other Support Services

When projects require the use of highly specialized equipment, there will be a charge for the use of that equipment on an hourly or per diem basis. Original material, e.g., photographic negatives, produced by GILLENgineering are the copyrighted property of GILLENgineering.

The following indemnification agreement is to be considered an essential element of the contract between GILLENgineering and those clients for whom GILLENgineering provides services or work product which might be considered to create responsibility under existing or future product liability or professional responsibility principles. Acceptance of the services or work product of GILLENgineering by the client shall be understood to constitute acceptance of this indemnification agreement as an essential element of the contract between them.

Indemnification Agreement

GILLENgineering and/or its affiliates provide consulting engineering services to assist and complement the efforts of client's engineering, design and technical staffs. GILLENgineering does not consider itself to be a part of the distribution chain of any product or process and should not be understood to make any representation or to offer, and it expressly disclaims any express or implied warranty with respect to the quality, condition, merchantability or fitness for purpose of any product, mechanism, component or structure designed, manufactured, assembled, distributed or constructed by a client, or by any other party, in reliance upon any service rendered or information provided by GILLENgineering. In consequence of the above, GILLENgineering requires of every client its agreement to indemnify GILLENgineering from and against any claims of product or professional liability arising out of or associated with any work performed by GILLENgineering under this agreement.

Therefore, as a condition of the use of GILLENgineering's services by a client, it is agreed that in the event any claim is made or suit is brought against GILLENgineering, or any of its owners, employees, consultants or agents, sounding in negligence, breach of contract, breach of express or implied warranty, misrepresentation or strict tort liability or any other form of action seeking damages for personal injury, death, property damage, loss of profits, damage to products or business reputation, product recall or other losses or damage arising out of, concerning, or in any way related to the services performed or information provided by GILLENgineering under this agreement, then the client will defend, indemnify and hold harmless GILLENgineering, its owners, employees, consultants, agents, insurers, successors and assigns, and each and every one of them from and against any and all losses, costs (including attorney's fees), expenses, damages and liability for compensatory or punitive damages (including the aggregate mount of settlements paid in reasonable anticipation of liability) which GILLENgineering or any of the protected persons or parties named above may pay or incur or for which any of them may become liable on account of such claim or suit.

Authorization for GILLENgineering to initiate work and/or utilization of any GILLENgineering work products, shall constitute acceptance of the above agreement by the client.

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Last Modified:  February 08, 2005