I, here-in-after referred to as “Client,” agree that I am entering into a contract with National Recovery Network, LLC, a New Mexico Limited Liability Corporation (hereinafter referred to as “NRN LLC")(collectively, Client and NRN LLC may be termed the “Parties”). This contract contains the entire agreement and understanding between the Parties and supersedes all prior agreements and understandings, oral or written, concerning the matters covered by this Agreement.”).
Client agrees and understands that each recovery is unique and NRN LLC’s “base fee” which is typically quoted to client by an NRN LLC agent telephonically DOES NOT INCLUDE charges related to, but not limited to, hardcore skips, investigation charges, field agent fees, fraud, identity theft, criminal enterprise, national database charges, agent safety inquiries, etc., and that NRN LLC’s final invoice is based upon the degree of difficulty in locating the property, the recovery’s complexity, research required for agent protection, and means necessary to recover your particular property. NRN LLC’s “base fee” is just that, a “base fee,” a starting point, and the expenses and level of difficulty encountered securing your property 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 from 5% to 30% of the fair market value of the property recovered. The scale amount is determined by the degree of difficulty, the risks involved in investigation and recovery, the complexity of the recovery, amount of agents, as well as the costs and nature of the actual recovery itself, whether property secured at gun point and other safety risks and potential liabilities, including agent and company time related to providing statements and later testimony in any prosecution sought by Client or the State.
Client further agrees that by submitting this form, Client affirms their legal entitlement to possession of the above described property. It is NRN LLC’s assumption and assertion that Client is contracting with NRN LLC to legally secure property they have a right to possess. Therefore, Client agrees to indemnify, save and hold harmless NRN LLC, 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 subject property when an adverse right of possession supersedes that of Client, except, as may be caused by, or which arises out of, negligence on the part of NRN LLC, its principals, employees or agents.
By agreeing to have NRN LLC repossess your property, NRN LLC will immediately begin to invest its company resources, invest the efforts of its investigators and field agents, and to invest monies through national database reporting services and research channels in the recovery of Client’s property. It is rare for a recovery to happen instantly and often times it requires laying traps week after week until the opportunity strikes. Sometimes recoveries can take longer than expected due to the craftiness of a debtor, availability of our agents, administrative delays, unforeseen circumstances, and sometimes just bad luck. NRN LLC requires, and Client agrees, this contract shall be in full effect for a minimum of one hundred and twenty (120) days from the assignment date (“Minimum Time Period” or “MTM”) to provide NRN LLC, which both parties agree is, a reasonable and adequate time frame in which to recover any item of assigned property for recovery. Client may terminate the contract if Client provides written notice to NRN LLC at least thirty (30) days prior to expiration of the MTM or any automatic renewal period. If such notice is not evidenced within the 30 day termination notice period described immediately above, this contract will automatically renew for an additional 120 day period (“Automatic Renewal Period” or “ARP”). Such automatic renewals will continue until the property has been secured for Client by NRN LLC, or written notice is evidenced during the termination notice period as above. As such, during the MTM or any ARP, any attempted termination or cancellation of this contract will be null, void and of no effect. If Client issues a cease and desist as to NRN LLC’s efforts during the MTM or any ARP, Client agrees NRN LLC can categorize attempted repossession of their property as a “Positive Resolution.” A Positive Resolution is billed at the base rate, plus any additional expenses and charges, if incurred.
Client also agrees that if the debtor or his agent(s) should surrender the property to Anyone Else, or the property is secured by Anyone Else during the term of this agreement it will be deemed to have been repossessed by NRN LLC, designated as a Positive Resolution, and Client will be billed accordingly as above. “Anyone Else” is understood to mean an individual or entity not under the debtor’s control, such as, but not limited to, body shops, police impound lots, the Client, the Client’s agent, any repossession agent, or any facility under NRN LLC’s direct or indirect control.
Client understands that upon successful recovery, the property will be stored in a storage facility located in the general region of its recovery, or may be transported and stored in our Arizona storage facility. Client also understands that any storage facilities we utilize to safeguard and store your recovered property, other than our Arizona storage facility, are simply independently contracted by NRN LLC and are not directly related to NRN LLC through ownership such as a joint venture, parent or subsidiary status; however, NRN LLC’s clients are provided ten days of free storage at any of our contracted storage facilities as well as NRN’s Arizona storage facility, but both NRN’s Arizona storage facility and any contracted storage facility will charge up to $35.00 per day for storing a standard automobile. Depending, however, on the size of your property, its complexity in storing and care, security required and many other factors involved in storing different types of property, storage fees may increase to $75 per day, such as with specialty items, larger vehicles, motor homes, or trailers, and can even reach $250 per day, for highly complicated storage or very large items such as sailboats, yachts, and planes (examples are not all inclusive). NRN LLC does not pay storage fees.
Storage Fees are the responsibility of the Client when Client redeems its collateral from the storage facility. Client understands and acknowledges they have been hereby warned that many states have garage-keeper statutes relating to storage, and once our negotiated ten day storage period elapses, most storage facilities will then be entitled to their own lien on your property by law. This includes NRN’s rights as to property within its Arizona facility as per Arizona statute. Further, I understand and acknowledge that almost every state has a method where the storage facility may obtain ownership of a client’s property if the item is not claimed in a specific amount of time. In some states the specific time period is as little as 30 days. Therefore it is critical to promptly pay your invoice and collect your property right away so that storage fees do not accumulate, which might prevent you from picking up your property, and/or jeopardize your ownership of the property through an “abandonment” law. If needed and requested by Client, or as deemed appropriate by NRN LLC, NRN LLC will provide Client a quote for interstate collateral transport, and NRN LLC will arrange for such transport if Client accepts the quote and pays for the transport in advance. If the above described property is located and repair or storage fees are due upon its location, at its sole discretion, NRN LLC may exercise the option to front the fees for release of your property, whether to NRN or Client.
Client understands and agrees that they have a choice to use an alternate recovery company, and that NRN LLC did not contact Client, rather Client sought out and contacted NRN LLC. As such, regardless of the location of the Client’s property, for contract purposes the Client is considered to have come to NRN LLC’s principal place of business, either by utilizing Client’s telephone, computer or device, and entered into this agreement. Further, regardless of the state of Internet contractual law at the time of this agreement’s execution, the agreement was entered into using a host computer located in the State of Arizona, thus the Parties agree Arizona is the State in which this contract was executed. Additionally, the Parties understand and agree the Client entered this contract voluntarily and that Client was free to choose from many other alternate recovery companies.
Based on the fact NRN LLC operates extensively in and from the State of Arizona, and in its interest of centralizing any actions to which NRN LLC is a party, should a dispute arise regarding this contract, NRN LLC and Client agree that regardless of any long arm statute, sufficient minimum contacts analysis or consumer statute enacted in the Client’s resident state, this contract is governed by the laws of the State of Arizona and all actions, legal or administrative, must occur in Arizona. Client fully understands that the freedom the Parties have to enter into a contract of their choosing with a company of their choosing, NRN LLC does not reasonably anticipate being brought to court in any state other than Arizona, and Client agrees that resolving disputes in Arizona does not violate the Client’s traditional ideas of fair play and substantial justice and Client chooses to waive any right to a law enacted by their State’s lawmakers and consider Arizona to maintain a fair and reasonable judiciary capable of resolving any dispute.
Therefore, by entering this contract, both NRN LLC and Client agree that THE COURTS OF MARICOPA COUNTY, ARIZONA WILL MAINTAIN EXCLUSIVE SUBJECT MATTER AND PERSONAL JURISDICTION OVER THE CONTRACT AND THE PARTIES. If Client brings an action anywhere other than Maricopa County, Arizona, Client hereby agrees that any Judge, Commissioner, Magistrate, pro tempore or otherwise shall dismiss the action against NRN LLC, its members, managers, agents and/or personnel shall dismiss it without prejudice upon motion by the venue protected parties, wherein if Client still wants to resolve the dispute he/she/it is free to file in Maricopa County, Arizona as agreed. In the event NRN LLC finds it necessary to institute collections action or legal action to collect fees and costs owing by Client, Client agrees to pay reasonable attorneys’ fees, court costs, and collection expenses expended by NRN LLC.
I agree that by typing my name in the “Electronic Signature” field below, along with my personal identifying information contained in the electronic form submitted with these agreed upon terms, I affirm that I am utilizing my typed name as my electronic signature for purposes of entering this contract, and I intend my electronic signature to be legally binding as to all the provisions within this Agreement and the Agreement as a whole. If a provision or section of this Agreement is contrary to statute then that provision or section will not affect the validity of all remaining provisions or sections. I further acknowledge my electronic signature will serve as your authorization to act on my behalf in repossessing and impounding the subject property described in this form, which is governed by a court order, award, defaulted installment contract, lease agreement, or a contractual agreement in some form, whether written or verbal.
Through submission of this form and its accompanying Electronic Signature, Client appoints NRN LLC its exclusive agent for repossessing the above described property. Client avows he/she/it understands 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 NRN LLC, and Client will ensure any other company is immediately notified of same. This also means that should Client choose to engage another agent during the 120 day assignment period above, or a previous agent, who then recovers the vehicle, it may result in Client paying NRN LLC for a Positive Resolution as well as the previous, or subsequent agent, engaged.