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Terms of Services

Terms and Conditions of Consultation

This service agreement (the agreement) is made effective upon the acceptance by the client, by and between the consultant (Delta V Consulting) and the client [client].

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Scope of Service(s)

Delta V Consulting will provide [client], with collision reconstruction service(s) of the mutually agreed upon and described in the invoice. All consulting services to be provided hereunder will be referred to as “Service(s)”. The parties may use this agreement for multiple invoices. Each invoice must reference this agreement.

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Invoices will be written documents setting forth at a minimum:

a. A complete, sufficiently detailed description of the types of service(s) to be rendered

b. The applicable hourly and/or item flat billing rate for the service(s) to be rendered

c. Any additional terms and conditions to which the parties may agree

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The parties contemplate that it may be desirable to make changes to the service(s) described in the invoice. Before performing any work associated with any such change, a written change order shall set forth the necessary revisions to the invoice, and the parties, shall agree in writing that such work constitutes a change from the original invoice, as amended, and that they further agree to the change provisions set forth in the change order.

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Description of Service(s)

  • Preliminary Review and Consultation

The consultant will conduct a preliminary review of discovery materials to identify investigative errors and erroneous conclusions regarding collision causation and contributing factors.  The consultant will provide informal consultation regarding findings and recommendation(s) of additional service(s).

  • Collision Reconstruction

Part 1 – Preliminary Findings Report - The consultant will conduct a comprehensive review of all provided discovery materials to determine if proper application of investigative technique was used. The consultant will  identify and document investigative errors and erroneous conclusions regarding collision causation and contributing factors. The consultant will make recommendations if additional services are needed to assist in the determination of collision causation. The consultant will provide a written report documenting any conclusions and opinions pertaining to the above in a “Preliminary Findings Report”.

Part 2 – Final Findings Report - The consultant will conduct an independent collision investigation and reconstruction of the collision based upon all known evidence to reliably identify collision causation. The consultant will apply accepted investigative practices to identify the circumstances of the collision, including by not limited to the pre-collision series of events, the velocities of involved vehicles; contributing factors, such as the role of the driver(s), vehicle(s), roadway, and general environment; issues involving driver perception and response and roadway issues affecting conspicuity. The consultant will examine the site of the collision (additional fee for travel beyond 50 miles) and make independent measurements and photographic scene documentation. The consultant will photograph and document condition of involved vehicle(s) (if available). The consultant will  analyze vehicle performance data previously collected from the crash vehicle(s) Event Data Recorders (if available). The consultant will create scaled 2D diagram(s) of the collision scene. The consultant will provide a written report documenting any conclusions and opinions based upon the above in a “Final Findings Report”.

  • Forensic Scene Survey and Mapping

The consultant will use 3D laser scanning and/or aerial photogrammetry to create highly accurate and detailed digital models of the crash scene and crash vehicle(s).  The scans can be used to enhance scaled 2D diagrams, create digital terrain models (DTM), create 3D forensic animations, perform vehicle crush analysis, and to aid in the identification of roadway factors that may have affected driver perception and roadway issues affecting driver and vehicle performance.

  • Forensic Collision Animation

The consultant will utilize the 3D laser scans to create highly accurate, scaled, and detailed forensic animation(s) based upon the principles of physics and known physical evidence that aid in explaining complex collision scenarios from the perspectives of those involved and other advantageous positions.

  • Event Data Recorder (EDR) Download

The consultant will download the data elements contained within the EDR (Event Data Recorder). The consultant will provide an EDR report to the client.

Note: Any written review and interpretation of the data elements contained within the EDR report will be performed in conjunction and documented within the Collision Reconstruction – Part 2 report, if such service has been agreed upon.

  • Stereolithography (SLA) 3D Printing

The consultant will create highly accurate, scaled models of crash vehicle(s) that may be used to determine various circumstances of a collision, such as angles or approach, degree of maximum engagement and as an illustrative tool that fact finders can personally examine.

  • Expert Testimony

The consultant will provide expert opinion based upon scientific, technical, or other specialized knowledge relating to the reconstructed collision during hearing(s), deposition(s) and/or trial.

  • Travel Costs

There is no additional fee for travel within 50 miles of the Orlando area. Travel beyond 50 miles of the City of Orlando will incur an additional fee as follows:

  • 51 to 100 miles   = $200

  • 101 to 200 miles = $300 + lodging at $300 per/nt.

  • 201 to 300 miles = $400 + lodging at $300 per/nt.

  • Over 301 on a per case basis

Expenses related to travel for the purpose of giving testimony beyond 50 miles of the Orlando area will be charged at the standard IRS mileage rate of 65.5 cents for each driven mile beyond 50 miles of the City of Orlando, Florida.

 

Terms of Payment(s)

The client understands that the consultant will provide the services mutually agree upon and described in the invoice, whereas the client agrees to in return provide compensation in the manner described below:

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Acceptance of Service

The client agrees to provide an “advanced payment” retainer for the services and expertise offered. A retainer of 50% (fifty percent) of the total dollar amount agreed upon in the invoice (total = estimated hours x hourly rate + any flat rate amount / .5) will be due upon acceptance of the invoice.  

 

Delivery of Service

The client agrees to upon delivery of the service(s) described in the invoice provide compensation of the balance of the monies agreed upon in the invoice.

 

Method of Payment

Payment shall be made payable to the consultant (“Anthony Fairbanks”) in the form of a credit card (Apple Pay, Visa, Mastercard, Discover, American Express), ACH transfer, check, money order or cashier’s check.

 

Term and Termination

This agreement shall commence upon acceptance of the invoice and shall remain in force until final payment has been received for delivery of the agreed upon service(s).

 

Refund of Retainer

Any unearned monies from the retainer held by the consultant for some or all of the agreed upon service(s) will be returned to the client within 30 days.

 

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA.

 

Alternative Dispute Resolution

Any dispute or difference whatsoever arising out of, or in connection with this agreement shall be submitted to arbitration in accordance with, and subject to the laws of the State of Florida, USA.

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