NATIONAL
PHYSICIAN PLACEMENT SERVICES
1050 N.
Lindbergh, Ste 200, St. Louis, MO 63132
1-800-264-6777 1-314-426-NPPS Fax 314-426-0707 NPPS@AOL.COM
Sample
C O N T I
N G E N T F E E A G R E E M E N T
Client:
________________________________________________________________
and National
Physician Placement Services, division NPPS, Inc. (NPPS) hereby enter into the
following :
THIS
AGREEMENT IN NO WAY OBLIGATES EITHER PARTY TO ULTIMATELY PLACE/HIRE A
CANDIDATE PROVIDED BY NPPS.
Rather it serves to confirm the contingent fees and payment terms agreed
to if NPPS should place a candidate with Client. CLIENT MAY TERMINATE THIS
AGREEMENT AT ANY TIME WITHOUT ANY FURTHER OBLIGATIONS FOR SERVICE OR PAYMENT,
except for reimbursement of any pre-authorized out-of-pocket expenses and an
existing fee obligation for any previously referred candidates.
NPPS agrees to identify, interview and refer qualified candidates to Client to
the best of its ability, and to perform reference checks on referred
candidates upon request. NPPS cannot guarantee the content, completeness, or
reliability of references provided to it, but will report such information as
it does discover with accuracy and truth. CLIENT IS ADVISED TO RELY UPON
ITS OWN REFERENCING RESOURCES FOR COMPLETENESS AND HEREBY RELEASES AND HOLDS
NPPS HARMLESS FROM ALL RELATED LIABILITY, ERRORS AND OMISSIONS.
Client agrees to assume full financial responsibility for all candidate
travel and interview expenses, and to reimburse NPPS for any pre-authorized
out-of-pocket expenses incurred in their behalf. Client agrees to assume full
responsibility for payment of NPPS fees for any referred candidate which
Client hires/contracts with or subsequently passes to or introduces to any
other party and which results in the hire/contracting of that candidate within
two years of the referral.
ACCEPTANCE OF NPPS REFERRALS SUPERSEDES ALL PRIOR OR INCIDENTAL KNOWLEDGE OF
OR CONTACT WITH NPPS CANDIDATES. CLIENT ASSUMES FULL RESPONSIBILITY FOR
PRESCREENING NPPS REFERRALS AGAINST THEIR OWN CONTACTS, CLIENT FILES, AND
OTHER SOURCES, ETC., BEFORE ACCEPTING NPPS REFERRALS.
NPPS agrees that if Client voluntarily wishes to place advertising and/or to
conduct direct mail efforts through NPPS, it will only charge for the actual
related out-of-pocket expenses. If such activity produces a candidate who is
placed with Client by NPPS, then NPPS will credit (reimburse) Client for the
full amount spent.
NOTE: This document may be used to denote fee agreement regarding a
particular candidate(s), a general specialty(s), or both.
Candidate Name / File # / or Specialty Fee Amount
TERMS: Are Net Cash, due and payable within 15 days of a confirmed
placement. Late payments will be subject to an interest charge of 18% per
annum. Client agrees to pay all necessary costs of collection, including
attorney's fees.
For the purposes of this agreement a confirmed placement shall mean either:
1) the execution of a written contract by the candidate; or 2) an accepted
letter of intent (or letter of offer and acceptance); or 3) a period of 30
days after verbal acceptance of an offer which is confirmed in writing;
whichever occurs first.
GUARANTEE: NPPS is being paid a fee for its knowledge and services which
enable the Client to locate candidates and secure their commitment to come to
work for the Client. Both parties acknowledge that it is beyond the control
of NPPS whether a placed candidate will ultimately report to work as agreed or
will stay for a particular period of time. NPPS cannot and does not
guarantee the performance of hired candidates. However, NPPS does offer
the following post placement guarantee:
In the event that the placed candidate fails to honor his/her start obligation
or resigns the position within six months of starting, NPPS will replace
candidate at no additional fee, provided Client has fulfilled its oral and
written agreements with the candidate and has complied with NPPS payment terms
(above). Replacements must be for substantially similar positions, duties and
qualifications.
ACKNOWLEDGMENT
The undersigned acknowledges these terms and conditions as an authorized agent
of Client. This agreement shall be deemed for all purposes to have been made
and entered into in the State of Missouri and considered to be a Missouri
contract, and shall be governed by and construed in accordance with the laws
of that State, without regard to the conflict of laws frinciples thereof. Any
litigation or other dispute resolution between the parties relating to this
Agreement shall take place in a state court of competent jurisdiction located
in the county of St. Louis, MO or in the Federal District Court therein. The
parties consent to the personal jurisdiction of, and venue in, said courts.
This agreement supersedes all previous conflicting NPPS agreements.
CLIENT
NPPS
Signed: _____________________ MICHAEL J BRENNER
Title :
_____________________ President
Date:
_____________________
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