HomeMy WebLinkAboutArmored Transport of California; 1991-06-14;ARMORED CAR SERVICE CONTRACT
P 0 BOX 15060 - LOS ANGELES. CA 90015
IT IS HEREBY AGREED by and between ARMORED TRANSPORT OF CALIFORNIA, INC.
(Hereinafter called CARRIER) and CARLSBAD MUNICIPAL WATER DISTRICT
NAME
5950 FI CAMW REAL
STREET
Hereinafter called CUSTOMER, that:
.-
CITY
92008
ZIP
CALIFORNIA
STATE
CARLSBAD .
SECTION 1.
(a) CUSTOMER maintains at the following location - certain establishment - where armored car service is required.
SAME AS ABOVE -
(b) CARRIER maintains a service for the purpose of protecting property and transporting it to or from a bank or other location as
designated by CUSTOMER.
SECTION II.
(a) The word "property" as used in this agreement shall mean currency, coins, precious metals, notes, bonds, securities, and all other
things of value.
(b) The word "shipment" as used herein shall mean the total property received from or destined to one location, branch or facility.
(c) CARRIER agrees to render services to CUSTOMER as follows:
MONDAY THRU FRIDAY
NEW YEAR'S DAY, The parties agree that the following days shall be observed as holidays for the urpose of this A reement to wit: MARTIN LUTHER KING JR. DAY, PRESIDENTS' DAY, MEMORILL DAY, IND~PENDENCE DAY, LABOR DAY,
COLUMBUS DAY , VETERANS' DAY, THANKSGIVING DAY 9 CHRISTMAS DAY- (Holidays excepted) Authorized
armed collectors will call at the above mentioned location, accept and receipt for a sealed or locked package or packages containing property
which will be delivered to a designated depository in the same condition as received and secure proper receipt for same. It is understood and
agreed thet when a holiday falls on a Sunday the following Monday shall constitute the holiday; when a holiday falls on a Saturday the preceding
Friday, that Saturday, or the following Monday shall constitute the holiday.
SECTION 111.
(a) CARRIER agrees at all times during the life of this contract to purchase and maintain insurance with a responsible insurance company
to cover loss or destruction of property handled or protected by CARRIER, its agents or employees, on behalf of CUSTOMER pursuant to this
contract. CARRIER agrees to furnish CUSTOMER with written evidence of compliance with this provision. It is understood and agreed that CAR-
RIER shall not be liable in any capacity for harm to CUSTOMER'S property or for damages directly and/or proximately flowing from harm to
CUSTOMER'S PROPERTY while said property is in the possession of CARRIER, nor shall CARRIER'S insurance be required to cover such
damages, when same are caused by and of the following:
1. Hostile or warlike action in time of peace or war, including but not limited to. action which hinders, combats or defends against an
actual, impending or expected attack, by any government or sovereign power (de jure or de facto), or by any authority maintaining or using
military, naval or air forces', or by military, naval or air forces', or by an agent of any government, power, authority or force;
2. Any weapon of war employing atomic fission or radioactive force whether in time of peace of war;
3. Any accident or catastrophe occurring at a government or private facility employing the use of atomic fission or radioactive energy
whether in time of peace or war;
4. Insurrection, rebellion, revolution, civil war, usurped power, or action taken by government authority in hindering, combating or
defending against such an occurrence, seizure or destruction under quarantine or customer regulations, confiscation by order of any govern-
ment or public authority, or risks of contraband or illegal transportation or trade.
(b) Except as hereinabove provided, it is understood and agreed that CARRIER and its insurance company will be liable for loss of or
damage to CUSTOMER property inclusive of reconstructive damage up to the maximum sum of $ NTY THOUSAND
Dollars($ __ 711 -00. ) per shipment, which sum is the agreed maximum value of any single shipment in that the service
and liability obligations assumed by CARRIER and the rates charged by CARRIER are based, in part, upon the values of shipments as declared
by CUSTOMER, for the safe delivery or return of any shipment of CUSTOMER'S in the possession of CARRIER, or in the possession of the
agents or employees of CARRIER pursuant to the terms of this contract.
(c) CARRIER shall not be liable in any capacityfor damages, including but not limited to loss of interest, directly and/or proximately flowing
from any delay in or failure to make pickups or deliveries on CUSTOMER'S behalf pursuant to the terms of this contract due to strikes, work
stoppages, lockouts, epidemics, pestilence, war, rebellion, insurrection, hostilities, legal process, court action, mechanical failure, accidents, fires,
acts of God or causes beyond CARRIER'S control. It is understood and agreed that CARRIER is not a guarantor of any pickup or delivery
times set forth as part of this contract as the parties hereto understand and agree that any such times are mere approximations or estimates;
however, CARRIER agrees to use its best efforts to meet its pickup and delivery times.
SC 1 ,Rev 8 091 Flnanctdl Suppliers 1 of2
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(d) CLJSTOMER understands that time is of the essence to CARRIER'S business, therefore, CUSTOMER agrees that CARRIER'S mes-
senger/collector shall have to wait no more than a maximum of minutes to make his pickup and delivery. If CUS-
TOMER'S agents or employee does not assist said messengerkollector in that time period, it is agreed that the messengerkollector may
leave and that such departure shall be consistent with, and therefore not a breach of, this contract. CUSTOMER may call and request that a
Service call be made by CARRIER subsequent to such departure. By requesting same, CUSTOMER agrees to pay for said additional service
call at a rate to be established by mutual agreement, such charges to be in addition to regular service charges.
SECTION IV.
(a) CARRIER agrees to furnish to CUSTOMER the certified signature of each authorized collector, and to give written notice in the event
of revocation of such authority. CARRIER assumes no liability for property deliverd to any employee or other person except those whose
unrevoked signature are on file with CUSTOMER.
(b) CUSTOMER agrees to cause all shipments to be made by means of placinq CUSTOMER'S property in securelysealed packages or
containers which clearly and distinctly indicate the name and address of the consignor as well as the name and address of the consignee.
CUSTOMER further agrees to clearly and distinctly set forth the value of each shipment on the outside of the sealed packages or container.
Additionally, CUSTOMER agrees that CARRIER, its agents or employees. shall havi-thr right to refuse to pickup shipments which are not
securely sealed and properly marked as set forth above and that CARRIER assumes no liability for any damages or loss which may result as a
consequence of such refusal to make a pickup.
(c) CARRIERS possessionofCUSTOMER'Sshipment beginsonlyafteranarrnedcollector employed byCARRlERsignsareceiptforand
receives said shipment into his physical custody, thereafter CARRIER'S possession of CUSTOMERS property terminates when and as an
authorized teller at CUSTOMERS bank or an authorized agent designated by CUSTOMER receives custody (i e. physical possession or
control) of theshipmentorsignsCARRlER'Sroutesheetorotherreciept ai;knowledyin(itlei,Lf,ry It islunderstoodand agreed that CARRIER'S
liability for the handling or protection of CUSTOMER'S property arises and reexists :,olt?lv with CARRIER'S possession thereof
(d) (i) It isunderstoodandagreed that under nocircumstancesortheoryof Iia~ilityshallZARRlERand;orCARRlER'Sinsurancecompany
be liable for any incidental or consequential damages resulting from or occasioned by the loss of or damage to any shipment delivered to
CARRIER pursuant to this contract.
(ii) It is understood and agreed that under no circumstances shall CARRIER and/or CARRIER'S insurance company be liable or
responsible for any claim for loss of or damagesto CUSTOMERS property which is not submitted in writing to CARRIER within sixty(60) days
after the date that said loss or damage purportedly occurred. Within thirty (30) days after the giving of written notice of a claim of loss or
damage, (CUSTOMERagrees tofurnishCARRlERa detailed written statement otthecircumstancessurroundingsuch lossordamaqeaswell
as detailed written proof of such loss or damage in form satisfactory to CARRIER. which proof of loss shall be substantiated by the books.
records and accounts of CUSTOMER and shall be subscribed and sworn to by CUSTOMER) or its duly authorized officer. Failure of
CUSTOMER to comply with the foregoing shall relieve and release CARRIER of any liability to CUSTOMER with respect to such claimed loss
or damage.
(e) CUSTOMERguarantees andwarrantsthat it maintains a comple!e and accurate recordof all checks placed in any shipment qiven to
CARRIER and in the event of a loss, CUSTOMER agrees to promptly, diligently, and completely cooperate with CARRIER in the iden!ification
and replacement of lost, destroyed or stolen checkswhich had been contained in any such shipment, Completecooperation shall include but
not belimited torequestsby CUSTOMER tomakersofthemissingcheckstoissueduplicatesandin theeventthemakersrefuse todoso. then
toassert all its legal andequitablerightsagainstsaidmakers.CUST0MERagrees that CARRIERandCARRIER'S insurencecompanyshall not
be liable for damages directly or proximately flowing from CUSTOMER'S breacn of this provisron
SECTION V ** (a) Customer agrees to pay Carrier for the services, herein the sum uf - ** Dollars ($ ~ - __ ~ __ . ) per month, plus all additional charges associzted with special service requests Customer
understands and agrees that Carrier reserves the right to charge 1 5 percent per month finance charge on all balances that are not paid within 30
days of the date of invoice Customer further understands and agrees that Carrier shall not be responsible to issue credits for erroneous billings
that are more than 90 days old as of the date the credit is requested
** IT IS AGREED AND UNDERSTOOD BY BOTH PARTIES THAT SERVICES UNDER THIS CONTRACT
WILL BE PAID FOR BY SAN DIEGO TRUST.
(b) Services under this contract shall begin on the 3RD ____ day of.- ___ JULY. .. . , 19 9.1.-.-
and shall continue for a period of one year and thereafter from month to month until cancelled byeither party giving the other partv thirty (30) days
written notice thereof in writing.
(c) This contract shall become effective only when approved and sianed by executive officers of the narties hereto. This contract
constitutes the entire agreement and understanding between the parties. and no representations inducements. promisesoragreements not
embodied herein shall be of any force and effect. Thiscontract shall be binding in accordance with its termsupon the parties heretoand their
respective transferees, assigns and successors in interest: provided, however. this contract may be assigned by CARRIER to any parent or
subsidiarycorporation thereof; 01 to any corporation which it may hereafter acquire or with which it may be merged orconsolidated. or toany
corporation acquiring the business and assets of CARRIER, but this contract shall not otherwise be assigned by either party hereto without
the prior written consent of the other party. This contract may be altered, amended or superseded solely by means of a writing signed by the
parties hereto.
(d) In theevent of litigation between the parties hereto, which litigationarisesout of thetermsof thiscontract, the prevailing partyshall be
entitled in addition to any other appropriate relief to an award of reasonable attorney's fees and litigation costs.
IN WITNESS WHEREOF. the parties hereto have caused this contract to be entered into and executed this --u
day of JUNE , 19 91 , by the respective otficer thereunto duly authorized.
CARLSBAD MUNICIPAL WATER DISTRICT ARMORED TRANSPORT OF CALIFORNIA, ___ INC.
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