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1. This contract shall continue and
shall automatically renew itself for a like period unless cancelled in writing
by either party thirty (30) days prior to the anniversary date hereof.
2. The advertiser will supply the
COMPANY all copy, illustrations and photographs to be used in the production of
said Bus Bench copy. Any advertising matter supplied by the ADVERTISER is
subject to the approval of the COMPANY and the appropriate Municipal or Public
Authority, and the COMPANY reserves the right to reject any submitted copy
which it deems objectionable or undesirable. All artwork is property of
BAM, Inc.
3. Should the
ADVERTISER breach the contract, the ADVERTISER shall be liable to the COMPANY
for any working or illustration sketches furnished to the ADVERTISER and for
all work done in production of said benches prior to the breach of contract.
4. Once produced, the
artwork on said Bus Bench can only be guaranteed for the length of this
contract. Should the contract automatically renew itself as per the terms
stated above, new artwork would need to be produced, and the ADVERTISER would
be automatically billed accordingly.
5. It is further understood and
agreed that if any of the various Municipal or Public Authorities shall for any
reason require any bus benches to be removed, the COMPANY agrees to replace
said advertising in another location of equal value for the remainder of the
contract.
6. In the event
that any of the displays are obstructed from view or are wholly or partially
destroyed or defaced for any cause beyond the control of the COMPANY, whether
by a third party or an act of GOD, including but not limited to the elements,
the ADVERTISER agrees to pay for the replacement of said copy(ies) and the
COMPANY upon receipt of copy(ies) shall have a reasonable time to replace such
displays without any penalty or loss of revenue thereby. Although the
COMPANY is not at fault, the COMPANY will extend, if requested to do so, the
term of this contract equivalent to the lost time without additional cost to
the ADVERTISER.
7. It is
expressly agreed that the COMPANY is not held liable to the ADVERTISER for any
delays in the performance of this contract of any incidental loss arising
therefrom caused by strikes, fires, breakage, war conditions, or acts of
Providence, or liability to secure specified legislation heretofore or
hereafter enacted by any department thereof.
8. All payments are due by the first
of the month.
9. ADVERTISER
who authorizes payment via credit card will be automatically charged by the
10th of each month.
10. In the
event that any payment under this contract is not made by the ADVERTISER within
ten (10) days from the date due, the COMPANY may have to declare the contract
breached and the entire contract balance remaining unpaid forthwith due and
payable. The COMPANY reserves the right to remove the benches from any
location from which such payment has not been received, re-assign such space
for use by any other advertiser, and to store the ADVERTISER’s signs for a
period not to exceed ten (10) days thereafter (at which time the signs can be
prepped for use by other advertisers). The contract may be reinstated
upon the COMPANY receiving payment in full plus any interest accrued plus a $25
reinstatement fee. If reinstated, the ADVERTISER may be placed at the
original location or the closest available if the original location has been
re-assigned.
11. In the event the ADVERTISER
issues a check or checks which are dishonored, for any reason, the ADVERTISER
shall pay a service charge to the company in the amount of $150.00 for each
such item dishonored.
12. Interest at the rate
of 1½% per month or a $10 late fee (whichever is greater) will be
charged against all unpaid balances. This contract is made under the laws
of the State of Florida and all payments are to be made in Dade County,
Florida.
13. The COMPANY reserves the right to
assign any outstanding debts to a third party agency or attorney for
collections. The ADVERTISER shall subsequently pay any and all reasonable
collection costs. Should circumstances require suit to be brought for
collection of said debt, the ADVERTISER agrees that it will also be held
responsible for any attorney fees and court costs.
14. It is agreed that the COMPANY is not bound by any
stipulations, or representations, or agreements not herein embodied. The
ADVERTISER may cancel this contract with a thirty (30) day written
notice. A fee equal to two (2) months rental rate plus deposit will be
charged when the COMPANY is notified of cancellation.
15. Deposit for first and last month plus
production costs is required at the time of purchase.
16. Political advertising must be paid in advance of
contract posting and carry the copy line “Paid Political Advertising”
and the name of the sponsoring group.
17. As
used in this Agreement, the term ADVERTISER shall include Advertising agencies
or any other agent or licensee of ADVERTISER as well as the ADVERTISER.
18. COMPANY is an equal opportunity employer.
19. ADVERTISER agrees to pay an additional
fee per location before COMPANY will execute a transfer of bench
locations (requested by ADVERTISER).
20. ADVERTISER
agrees that payment by credit card, if selected, is truly authorized by the
signing of the contract by the client. No further authorization is
necessary to bill monthly or as instructed on the face of this contract.
21. In the case of Personal Accounts; and
Unincorporated Sole Proprietorship, Partnerships, Companies and Organizations,
by executing this Agreement, the ADVERTISER personally guarantees full payment
of the account.
22. ADVERTISER understands
that the COMPANY has the right to obtain credit history and report credit
status to all credit bureaus. |
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