NATIONAL
PRINTING AND PACKAGING PLACEMENT SERVICES
1050 N.
Lindbergh Rd, Ste 200, St. Louis, MO 63132
S A M P L
E 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 Printing and Packaging 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 one year 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.
- FEE
SCHEDULE:-
NPPS' fees
are 30% of the expected first year earnings package of the hired candidate.
It is not how much you guarantee the candidate. It is what you present the
position as being worth to them and the amount they accept the position to
earn. Salary, draw, commissions, and bonuses are considered part of the
first year earnings. Benefits, expense allowances (including cars),
and retirement or investment funds ARE NOT considered part of first year
earnings.
TERMS:
Are Net Cash, payable upon start of employment and due within 15 days. 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.
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 resigns the position within 30 days 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 principles 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
President
Title:
__________________
Date:
_______________
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