LEGAL

PRICE AND APPOINTMENT TERMS

Commencement Date: 1 November 2017

During the third quarter of 2017, we detected a shift in market confidence. We find that a lot of our clients are making negative decisions, based on the cost of our services.

In anticipation of this “emotional recession” and the low business confidence experienced in South Africa amid poor currency performance, ever-increasing fuel prices and the general sense of unpredictability plaguing all South Africans, we have decided to review and lower our pricing structure to assist our clients during this difficult time while reviewing our procurement policies slightly.

This is a temporary measure and is designed to provide a bit of relief until business confidence is restored. We simply cannot allow our clients to run the risk of failing at later civil or even criminal litigation simply because business confidence is currently lower.

We are then happy to announce the following fee structure, for new cases or work done after the commencement date:

R 2,500.00 to Review Case Merits and Propose Strategy (on information received).
R 1,500.00 to Prepare OSTI Complaint Form.
R 12,500.00 Per Day to complete a Crash Investigation (Includes 750 Km per day and up to 6 Units).
R 7,500.00 Per Day to complete a Vehicle Fire Investigation (Includes 750Km per day and up to 3 units).
R 5,000.00 to compile a Desk Report (subject to acceptance of case).
R 2,500.00 per Additional Vehicle or Vehicle Fire Examination (Motorcycle, Light Trailer, etc).
R 3,500.00 per Additional Vehicle/Fire Examination (Light Motor Vehicle).
R 5,000.00 per Additional Vehicle/Fire Examination (Commercial Vehicle).
R 7.50 per Km for Other/Additional Travel, (Based on AA Rates).
R 250.00 per hour for ​Travel, Waiting or Stand-by.
R 1,500.00 for Consultation (per Hour).
R 1,500.00 per day for Court Reservation.
R 2,500.00 per day or part, past 1PM for Court Attendance.
R 1,500.00 per hour for Court Attendance (If done before 1PM).
R 7,500.00 per day or part, past PM for Court Testimony.
R 2,500.00 for Court Testimony (If done before 1PM).
R 50.00 per Page for Transcript Review and comments/questions.
R 3,500.00 to compile an Expert Report Review Report (up to 50 Pages expert reports).
R 100.00 per additional page for an Expert Report Review (per Additional Page, beyond 50).
R 2,500.00 to compile Expert’s Joint Minutes.
R 1,500.00 per day, if scheduled via a Subpoena or Warning.
R 750.00 per hour for Compilation of Court Notes.
R 2,500.00 per hour for Training/Presentations.

25% Administrative Cancellation Fee for any cancellations.

All Other Expenses Charged Directly

As from 1 November 2017, all appointments will be subject to the following terms:

  1. All prices INCLUDE 14% VAT (applicable in South Africa).

  2. Any work done outside South Africa will be subject to case-specific consultation and acceptance of a case-specific quotation.

  3. Any work not yet completed or invoiced for, by 1 November 2017, will be subject to these fees and terms.

  4. All invoices are strictly COD but we now offer 30 (calendar) days’ terms to corporate clients who use us more than four (4) times per year, in any capacity.

  5. All invoices for criminal or private work is payable in advance or within 7 days of invoice – where services are billed in arrears.

  6. Any invoice not paid within 30 days of invoice will attract a 25% late payment penalty.

  7. Any payment not received within 60 days will be treated as a refusal to pay and steps taken towards correction or collection.

  8. We will only consider commitment to Criminal Matters upon receipt of written appointment from a legal representative, wherein the exact terms of our appointment are outlined.

  9. If we review Case Merits and Propose a Strategy, we will not be producing a reconstruction report. We will only address the merits from a collision dynamics or case dynamics perspective. This is not to be viewed as legal advice or a guarantee of results but rather as a mechanism for clients to gain access to our expertise at a much reduced rate.

  10. Where we assist with the preparation of a submission to the Ombudsman for Short-Term Insurance (OSTI), this will be done for private individuals only and will include the preparation of the prescribed form, subject to the information supplied, without any guarantee of results or outcome or the performance of the OSTI.

  11. We deem Crash Investigation to include all travel, work, investigation, analysis or collection of information, 750 Km of road travel and direct travel expenses (Toll Fees, Fuel, Parking etc) for one day of investigation. A maximum of 6 Vehicle Units (Vehicles, trailers, etc) are included in this rate. Where more than 750 Km or one day of investigation is involved, additional charges will apply, per the rates in this document.

  12. We deem a Vehicle Fire Investigation to include all travel, work, investigation, analysis or collection of information, 750 Km of road travel and direct travel expenses (Toll Fees, Fuel, Parking, etc) for one day of investigation. A maximum of 3 Vehicle Units (Vehicles, trailers, etc) are included in this rate. Where more than 750 Km or one day of investigation is involved, additional charges will apply, per the rates in this document.

  13. We will only compile Desk Reports on a per-case basis, in cases where the necessary information is provided and/or available. Desk Reports should not be favoured over proper investigation and reporting and are produced without any guarantee of results or outcome.

  14. In all cases where travel is not included in the base rate or where travel is required, the cost of travel will be linked to current AA rates, subject to change without notice.

  15. In cases where we are required to travel beyond the included mileage or where we are required to travel to or from scenes, sites, vehicles, consultations, trials, to airports or for other work, the hourly rate will be applied for the duration of the travel time.

  16. Any communication, interaction, discussion, review of work, pre-trial meetings, trial preparation, review of evidence for trial or anything not covered under other task-specific rates will be considered consultation, whether done in person, electronically, telephonically, via e-mail or through any other communication or interaction platform.

  17. If we are informed of court dates, requested to “reserve dates” or instructed to attend trials, tribunals, hearings or any other effort at resolution based on litigation or conflict resolution, we require the payment of a reservation fee for the number of days requested, scheduled, included or provided. This fee allows us to deny requests for other work, to schedule our work around those dates and/or to adjust our availability around such requests or appointments and is always payable in advance. This is a non-refundable charge, unless cancellation or amendment happens more than 30 days in advance.

  18. If we are present at court on any scheduled day but where we do not testify, we will charge for a full day of Court Attendance, if we are required to remain present for any reason until after 1PM. Where the case is postponed, resolved, withdrawn or in any way administered, settled or concluded before 1PM, an hourly charge will apply on a per-hour or part-basis. This service is charged in arrears, on a COD basis.

  19. If we are present at court on any scheduled day but where we testify (get in the box), we will charge for a full day of Testimony, if testimony carries on until after 1PM. Where the case is postponed, resolved, withdrawn or in any way administered, settled or concluded before 1PM, an hourly testimony charge will apply on a per-hour or part-basis. This service is charged in arrears, on a COD basis.

  20. Where we are provided with Transcripts for review, we will charge on a per-page basis, based on the total number of pages provided. This service is charged in advance.

  21. If we are required to review and comment on a third party (other) Expert Report, we will charge a fee based on a maximum of 50 pages. Where individual reports include more than 50 pages, inconsiderate of the nature of content, additional charges will apply for additional pages. We will consider each expert report individually and this service will be charged for, in advance. If any witness is declared, presented or accepted as an expert upon, during or after his or her testimony, these charges will be applied in arrears.

  22. Where we are requested to compile Joint Minutes in cooperation with another expert, we will charge a fee, payable in advance except where this is decided only on the day of trial.

  23. If we are bound to attend court subject to a Subpoena or upon a Warning by a Presiding Court Officer, Magistrate or Judge, we will charge a fee per day, based on the days covered by said order, without deviation. This reservation fee will be non-refundable unless written cancellation or deviation is received at least 30 days prior to the dates contained in the order or warning to appear.

  24. Wherever we attend trial and are present, we record the proceedings and compile detailed notes. Where these are requested by any party, the cost of preparation will be passed on at an hourly rate, for the period over which the recordings or notes were made, subject to payment in advance.

  25. Any service, invoice or commission cancelled at any time will be subject to a 25% Administrative Cancellation fee, payable strictly on a COD basis.

  26. Any relaxation of our fees, services or offers should not be seen as acceptance of any waiver of terms or liability. If any dispute arises, our full rates become due and payable.

  27. All parties accept addresses received or provided for appointment, invoicing or communication as their official physical address for all communication relating to the matter under consideration, payment or dispute resolution.

  28. All appointments are subject to these terms, unless different rates or conditions are explicitly put in writing and agreed to.

  29. These fees and terms will remain in force until amended in writing.

Any work, appointment, service or fees not covered herein will be subject to negotiation and commitment in writing. Where any service is offered without being covered herein, the closest reasonable service or offering, as determined exclusively by IBF Investigations, will apply.

Legal Jurisdiction and claims

In any and all matters in which we are deployed, appointed or required to contribute, the appointment will be deemed to have occurred via our office, wherever it may be at the time of appointment, inconsiderate of where the deployment or assignment takes us. Therefore, all litigation, claims, collections or actions initiated in lieu of our appointment will be subject to the laws and jurisdictions applicable in the legal jurisdiction within which our premises are situated.

Where any legal action is taken for the collection or recovery of any outstanding debt or unpaid invoices, for whatever services rendered, the client will be responsible for all legal costs for all parties in the recovery, inconsiderate of the outcome of the/a trial.

Download a PDF Version of these terms here