Diamond Recovery Inc.
Recovery Contract
I, here-in-after referred to as "Client," agree that I am entering into a contract with Diamond Recovery.
Client agrees and understands that each recovery is unique and Diamond Recovery "base fee" DOES NOT INCLUDE hardcore skips, investigation, fraud, identity theft, criminal enterprise, national database charges, etc., and that Diamond Recovery final invoice is based upon the degree of difficulty in the recovery and the means necessary to recover your particular collateral. Diamond Recovery "base fee" is just that, a "base fee," and the level of difficulty and expenses encountered engaging in the recovery will result in an increase in the final charge to Client.
"Cases involving fraud, identity theft or criminal enterprise are billed on a sliding scale form 5% to 30% of the fair market value of the property recovered. The scale amount is determined by the degree of difficulty and risk involved in the investigation and the actual recovery, as well as the estimated time for reports or testimony in the event of prosecution."
I agree that by signing below, I affirm signature for purposes of entering this contract, and signature to be legally binding. I further acknowledge my signature will serve as your authorization to act on my behalf in repossessing and impounding the above-described collateral which is covered by a defaulted installment contract, lease agreement or verbal agreement.
I further agree that by submitting this form, I affirm my legal entitlement to possession of the above described collateral. It is a Diamond Recovery assumption and assertion that Client is contracting with to legally secure property, which Client is legally entitled to, therefore it is agreed by both parties that this contract Diamond Recovery will be in full effect for a minimum of one hundred and twenty (120) days. Any attempted cancellation of this contract will be considered a positive resolution and you will be billed at a base rate plus any additional expenses and charges, if incurred.
Through submission of this form and its authorized Signature, Client appoints Diamond Recovery its exclusive agent for repossessing the above-described collateral. I understand that this means any agent Client previously engaged is no longer authorized to repossess this vehicle unless they are subsequently authorized to do so by Diamond Recovery.
Client also agrees that if the debtor or his agent(s) should surrender the collateral to anyone else during the term of this agreement it will be deemed to have been repossessed and/or a positive resolution and client will be billed accordingly. "Anyone else" is understood to mean but is not limited to, body shops, police impound lots, other repossessors, Client or to any facility under our direct or indirect control.
Client also agrees to indemnify, save and hold harmless, its principals, employees and agents from any and all claims, damages, losses and actions resulting from or arising out of efforts to collect and/or repossess the above claim, except, as may be caused by, or which arises out of, negligence on the part of, its Diamond Recovery principals, employees or agents.
Client understands that upon successful recovery, collateral will be stored in a storage facility located in the general region of its recovery. Client also understands that the storage facility is not a business entity directed by, or a part of, Diamond Recovery. Diamond Recovery clients are provided ten days of free storage from the storage facility, but the facility will then charge Client up to $35.00 per day in storage fees after the tenth free day. Diamond Recovery does not pay storage fees and these are the responsibility of Client when Client redeems its collateral from the storage facility. If needed and requested by Client, Diamond Recovery will provide Client a quote for interstate collateral transport, and Diamond Recovery will arrange for such transport if Client accepts the quote and pays for the transport in advance. If the above described collateral is located and repair or storage fees are due upon its location, Diamond Recovery may exercise the option to front the fees for release of collateral at its discretion.
Client understands that Client sought out Diamond Recovery, this contract is entered into voluntarily, and that client has the choice to use an alternate recovery company. As such, and based on the fact Diamond Recovery operates extensively in and from Massachusetts, should a dispute arise regarding this contract, Diamond Recovery and Client agree that this contract is governed by the laws of the State of Massachusetts and any and all legal action must be commenced and maintained in the Superior or Justice Courts of Essex County, Massachusetts. By entering this contract, both Diamond Recovery and Client agree that the Courts of :
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