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TNT Fireworks - 2017 AgreementaC`w • r~ 1 CREDIT CARD PROGRAM AGREEMENT Loc. No. XXX1206 Customer No 696079 Season JULY Year 2017 Customer Name: GILROY ADAPTIVE REC. Loc. Address TOWNE PLACE CENTER City GILROY Contact Name SUSAN VOSS State CA Zip 95020 Contact Email susan.voss @ci.gilroy.ea.us Cell No. 408 - 846 -0418 This Agreement is between American Promotional Events, Inc., (hereinafter referred to as "TNT') and the customer name listed above, (hereinafter referred to as "Customer "). The Customer understands that TNT may reject or terminate this agreement at any time without notice. By entering into this agreement, the Customer is obligated to perform under its Terns & Conditions. Further, the Customer is obligated to abide by all applicable laws and regulations pertaining to the acceptance of credit cards as an instrument of payment for goods and services. The term of this agreement shall be for the current selling season. This agreement overrides any previous agreement for the current selling season. • Terms & Conditions of TNT Credit Card Programs: Customer agrees to protect from theft, loss, or damage to any and all credit card Equipment which includes devices and readers along with any related components provided under this agreement. Upon receipt of the Equipment the customer shall inspect and test it to verify that it functions correctly. Customer agrees to immediately report any problems with or shortages of the Equipment. If the Customer fails to report any problems with the Equipment, the problems are deemed the responsibility of the Customer. Loss or damage to the Equipment may result in a charge to the Customer's account based upon the replacement value of the lost or damaged Equipment. Customer agrees to the following fees and charges assigned to the Equipment rental and processing of credit cards. Customer has the right to cancel this agreement by notifying TNT no later than June 1St of the current season without incurring applicable charges. TNT Fireworks does not insure that cell service will be available in the area of the sales location where the Equipment is used. The fee for credit card processing and management of account's balance is 2.75% of all chipped, swiped or tapped credit card sales. Customer understands and agrees that the funds from all credit card sales generated at its retail location shall be deposited, monitored, and held separate by TNT's financial institution. Upon completion of the selling season and proper and timely return of the Equipment and all receipts, TNT will apply funds deposited from Customer's sales as a credit towards the Customer's open balance. Customer shall not charge any additional fees if payment is made by credit card. Customer agrees to familiarize itself with, understand, and practice the proper credit card procedures as described by the Equipment provider. Any deviation, unauthorized by. TNT Fireworks, of the procedures by the Customer could result in an irreconcilable balance, disputed fees, and/or bank chargebacks of purchases leaving the Customer subject to non - crediting of certain funds and /or obligation to repay TNT for attributed losses after the fact. TNT, in conjunction with the credit card processing company, will make every attempt to provide the Customer with satisfactory and reliable service in the area of the retail location. TNT and the credit card processing company are not responsible to Customer for any business transactions or financial losses in any form whatsoever due to any mechanical deficiencies, loss of wireless providers, loss of wireless transmission, loss of hardline providers, loss of electricity or errors beyond the control of TNT and the credit card company that may occur during the selling period. • TNT Manually Keyed Credit Card Transaction Policy: Please be advised that manually hand keying credit card numbers is STRONGLY DISCOURAGED. All hand keyed sales will be charged a 6.00% processing fee dire to the higher risk factor for fraudulent sales and the additional administration of potential chargebacks. Customer understands and agrees that funds from ALL hand keyed credit card sales at its retail location, shall be deposited, monitored, and held by TNT's financial institution until such time as the funds have been detennined to be undisputed, usually after 60 days. TNT will apply funds deposited from Customer's hand keyed sales, as a credit towards the Customer's open balance, after September /March I" of the current season. Customer shall not charge any additional fees if payment is made by credit card even if credit card number is hand keyed. • TNT Mobile Device Reader Rental Program: The Customer hereby agrees to process credit card transactions from the Customer's cell phone or other mobile device. The Customer shall provide the cell phone or other mobile device to be used at no cost or liability to TNT Fireworks, including, without limitation any applicable fees charged by the cellular service provider to the Customer and any fees for transmitting data. TNT Fireworks shall provide readers to the account for a rental fee of $25.00 for each reader. The customer shall also be billed for a $50.00 deposit against loss or damage of the reader. The Customer will be credited for the deposit upon the return of the reader to TNT by July 8th of the current season. • TNT IPAD & Mobile Reader Rental Program: IPAD & READER RETURN DATE: July 8, 2017 The Customer hereby agrees to process credit card transactions using [he TNT provided IPAD and mobile device reader. TNT Fireworks will provide one IPAD and one mobile device reader to the Customer for a rental fee of $185.00. Customer agrees to use the IPAD as a dedicated device for the TNT Credit Card Program only. Any data usage beyond the prepaid program amount may result in addition expense to the Customer. Customer may be billed up to $500 for any damage or loss of IPAD and/or reader. In order to remain compliant under Payment Card Industry Data Secure Standards, the Customer shall maintain the credit card device(s) and signed receipts in a secure manner while in operation. After hours, the Customer will remove both the credit card device(s) and signed receipts from the retail outlet and lock them in a secure area. Preferred Equipment Program Quantity & Pricing Item # Item Description Qty. Price = S Total S 7140.0004 iPad & Reader Combo 1 @ 185.00 = 1 2186 Mobile Reader @ 25.00 = 1 his Agreement shall be binding as long as the Customer continues to operate; provided, however, in the event rates, fees, or other terns and conditions of the master Credit Card Agreement between TNT and its carrier are re- negotiated and such re- negotiation is reduced to writing; or if Customer breaches this contract or fails to perform substantially as required herein, TNT shall have the right to void this contract at any time for any reason. Customer agrees and waives any rights to a change of venue and to change of law, that this Agreement shall be governed by, and construed and enforced in accordance with the laws ofthe County of Lauderdale, State of Alabama without regard, to choice of law rules. I have read, understand and agree to each term ofthis Agreement. By signing this agreement, I acknowledge that 1 am authorized by the accoS{nt to si t6s agreement and that this is a binding agreement between the parties listed. Failure to perform all aspects of this agreement will be considered a breach or a defa f11. TN rIserves the right to reject or terminate this Agreement at any time for any reason without notice to the other party. This agreement is valid on y when accepted NT' c rporate office. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives. k6istomerSi- nature TNT Rep Signature X/Print Name ! , �►� DA "f E:E: �}� Print Name "'��5 ��l L DATE: - i� 1 dSSS 15 CONTRACT AGREEMENT TNT FIREWORKS Southern California: 555 N. Gilbert St., Fullerton, CA 92833 1- 800/585 -9487 Northern California: 8151 Power Ridge Rd., Sacramento, CA 95826 1- 800/905 -8594 Central California: 2945 S. Elm Ave., Fresno, CA 93706 1- 800/246 -9630 Las Vegas, Nevada: 720 W. Cheyenne Ave., Ste. 50, No. Las Vegas, NV 89030 1- 702/453 -7750 Date: Program: 'INI MEMIOR-KrZ — Account Name: `aILF_- ; I .�.L,r.FI IVE REC- PF_kT'ION l:.i1 tf� City, State, Zip: f 'T B.ny g s w n E -Mai(: CATHY. MIRELEZ, +�CIT70FGILR� Y.?R Telephone: (C) Co-Chair: — Address: — City, State, Zip: — Telephone: (C) Fire Waiver: -- % Liability: j, % Discount: % Account No: 696079 Location No: T07FI'1 T LACE C-01TER Location Name: * Address: 777 IIRS1 SnU1 Intersection: City, State, Zip: (TIT R(W, 4507t1 Sales Period: Ml 7 XX1 06 Sales Assoc.: Im et, Assoc. No.: ' i E -Mail: (W) (H) The Account agrees to participate in the TNT credit card program using ferminal(s) with an estimated rental of $ , per terminal and an estimated processing fee _ I % of all credit card sales. Credit Card Agreement to follow. y (initial) ESTIMATED EXPENSES: ITEM DESCRIPTION AMOUNT EACH BILL TO ACCOUNT FIRE :3 I TN 0 SEE V 11, 0, t 7 _ •J ! =i1Y1 QT HER PERMI � 640.00 640.00 * American Promotional Events, Inc. will attempt to provide Account with the stand location listed above. American Promotional Events, Inc. will also attempt to maintain the same cost for location rental as listed above. However, agreements with property owners may cause location and/or the location rental cost for Account to change. Account understands that the stand location and/or location rental cost is subject to chanI (initial) AMERICAN PROMOTIONAL EVENTS, INC. (HEREAFTER, AMERICAN"), AGREES TO PROVIDE ACCOUNT WITH THE FOLLOWING SERVICES: 1. Maintain adequate warehouse of highest quality fireworks that existing facilities and conditions permit, maintain supply point to provide orders and reorders, and have available sales aids and signs. 2. Assist if necessary in securing licenses, permits, etc., provide liability insurance as a percentage of invoice. No insurance refunded on return of merchandise. 3. Provide a waiver of the cost of any merchandise in Account's possession lost due to fire. The cost of the fire waiver will be charged as a percentage of invoice. Fire waiver cost is not refundable on returns. 4. Allow Account to return on or before July 9th, all unsold/unmarked merchandise in full unit quantities. Assortments are returnable individually for full credit. BY SIGNING THIS CONTRACT ACCOUNT AGREES TO THE FOLLOWING: I. Account will purchase their entire supply of (UN0336) Consumer Fireworks from AMERICAN for the selling season as specified Account understands that retailing products from other suppliers will void the insurance coverage provided. 2. Account will protect the merchandise from damage (such as water damage) and theft for the time that it is in its possession. This is for Account's protection as it is responsible for merchandise from the time it is delivered until it is returned to AMERICAN and signed for. 3. Account shall abide by all state and local ordinances, laws and regulations governing the sale of fireworks and the operation of its stand- 4. Account will inventory and pack carefully all goods that are allowed to be returned for credit, and return them to AMERICAN no later than July 9th. A Late Return Fee of $50.00 will be charged for any merchandise returned after July 9th. 5. Account is responsible for obtaining a Sales Tax Permit where , co lecting and paying the required taxes. Account will also provide AMERICAN with the tax registration number prior to shipment of merchandise. (initial) 6. Account shall be solely responsible for the maintenance and ce of the selling site throughout the selling period and shall remove all Utter and possessions prior to the end of the selling season. Fail comply with this provision could result in Account being charged a removal fee of $200.00 and possibly the loss of any bond from the local authority. 9 ) 7. Account shall be responsible for perf 'ng under any performance bond posted by AMERICAN for Account as required by local authority. S. Account shall pay the full invoice amount covering the initial order to AMERICAN no later than July 5th. A LATE PAYMENT FEE OF 2 % OF THE OUTSTANDING BALANCE WILL BE C R IF ACCOUNT H*S NOT PAID THE INITIAL INVOICE BY JULY 5th. The balance owing to AMERICAN is due within 1!0 days of date of sta t. due from Account is placed in the hands of an attorney, for collection, reasonable attorney fees and court costs will be added to the balance uuthd) 9. This contract is contingent pon Account having all past due balances in good standing by August 15th of the year preceding the sales period. 10. Account shall pay AMERICAN all city /county filing fees and full location rental fee if Account fails to perform under this contract, in addition to any other expenses AMERICAN may recover. 11. This contristhe tire ee t RI CAN and Account and supersedes any verbal agreements. Any modification of this contact must be in writing and signed by N 'Acco tD 'nitial) SIGNED BY A REPRESENTATI O j` kWAN Ayb APPROVED BY THE HOME OFFICE. 1 \ / i r. "° A i Da f Authorized A ent for Account Date A N Home Office Rep. Date Authorized Agent for Account - Please Print Name By signing this contract I eknowledge that I am authorized by the Account to sign this Agreement for the fireworks season listed above. Original - Office Yellow -Customer Pink -Sales Associate Green - House File DATE (MM /DD/YYYY) ACORO® CERTIFICATE OF LIABILITY INSURANCE 11/1/2017 1 1/15/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER LOckton Companies NAME: 3280 Peachtree Road NE, Suite #250 PHONE - - FAX A1C No): Atlanta GA 30305 E -MAIL (404) 460 -3600 ADDRESS: INSURED American Promotional Events, Inc. INSURER B: 1359629 DBA TNT Fireworks, Inc. INSURERC : 555 North Gilbert Avenue INSURER D : Fullerton CA 92833 INSURER E INSURER F: r OVFRAnFS CFRTIFICOTF NIIMRFR• 11)21 A17RI) RFVISIr1N NIIMRFR• vvvv vv THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I R' TYPE OF INSURANCE LT LT R ADL WVD POLICY NUMBER MMIDD/YYYY MM% D 1YYYY LIMITS .� X COMMERCIAL GENERAL LIABIUIY CLAIMS -MADE � OCCUR Y N S18GL00242 -161 1112016 11/1/2017 EACH OCCURRENCE $ 1,000.000 $ 500,000 _ DAMAGE TO RENTED PREMISES Ea occurrencel MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 000 000 POLICY ECT 17-7%1 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY NOT APPLICABLE Ea BINEDISINGLE LIMIT $ XXXXXXX BODILY INJURY (Per person) $ XXXXXXX ANY AUTO OWNED AUTOS ONLY AUTOSULED BODILY INJURY (Per accident) $ XXXXXXX HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $XXXXXXX $XXXXXXX UMBRELLA LIAB OCCUR HCLAIMS-MADE NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB AGGREGATE $ XXXXXXX _ $ XXXXXXX DED RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? ❑ NIA NOT APPLICABLE PER OTH- STATUTE ER E.L. EACH ACCIDENT $ XXXXXXX E.L. DISEASE - EA EMPLOYEE - $ XXXXXXX (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ XXXXXXX DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) -THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER. APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. Additional Insured: The parking lot located at The Town Place Center, 777 First Street, Gilroy, CA 95020 (Loc# XXX1206). The City of Gilroy Recreation Department / Gilroy Adaptive Recreation / The City of Gilroy and/or volunteers / The above listed are Additional Insured with respect to the General Liability Policy as required by written contract subject to policy terms, conditions and exclusions. 1, rr( I IrIt A I C r1ULLJrK I;ANULLLA I IUN 12316782 The City of Gilroy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 7351 Rosanna Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Gilroy CA 95020 ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016/03) AUTHORIZED ©1 The ACORD name and logo are registered marks of ACORD TION. All riahts reserved. POLICY NUMBER: S18GL00242 -161 COMMERCIAL GENERAL LIABILITY CG 2017 0501 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations Location(s) Of Covered Operations 'IThe City of Gilroy, it's officers, officials, Property located at the lot located at 777 First !agents and employees. Street, Gilroy, CA 95020 (Loc # XXX1206). ;7351 Rosanna Street �Gilroy, CA 95020 I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury- caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20170501 ©Insurance Services Office, Inc., 2017 Page 1 of