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Home My WebLink AboutInv# INV285122 - AAA FLAG & BANNER MFG CO, INC - 08/24/2023INVOICE A3 Visual (a AAA Flag & Banner company) 3719 NW 50th Street Hialeah, FL 33142 305-474-7600 TRANSACTION #INV285122 DATE 8/24/2023 SALES TEAM 460 RETTA REFERENCE SO379012 IMAGINE • CREATE • ACTIVATE A FINANCE CHARGE OF 1.5% PER MONTH WHICH IS EQUIVALENT TO AN ANNUAL PERCENTAGE RATE OF 18% WILL BE APPLIED TO ACCOUNTS PAST DUE. It is understood and agreed that in event it becomes necessary for A3 Visual to institute action to collect payment for merchandise sold herein, purchaser will pay all collection costs, including reasonable attorney’s fees. The goods will be delivered, Ex-Works, to the agreed upon A3 Visual facility (Los Angeles, CA; San Francisco, CA; Miami, FL) and if the Customer desires that the goods be shipped to any other location, the Customer shall bear all cost and risks in shipment of the goods. Any Claims or Returns must be made within 2 days of receipt of goods. Upon approval, stock items will be issued a store credit. Custom products will either be repaired, replaced, or issued a credit upon approval. Goods must be picked up within 15 days of completion, as A3 Visual will not be responsible after this point. A3 Visual shall not be responsible for shipping/freight costs or for loss of or damage to goods, whether or not Customer chooses to insure the goods. Customer shall have the responsibility for pursuing any such claim against any carrier and if Customer has chosen to insure the goods, then Customer shall have responsibility for pursing any claim under said insurance. See accompanying Terms and Conditions for further details. a3visual.com Page 1 of 3 CUSTOMER C229616 CITY OF DANIA BEACH PROJECT City of Dania Beach 30 spare banners PRIMARY CONTACT Fernando Rodriguez 786-246-0241 frodriguez@daniabeachﬂ.gov PAYMENT TERMS Prepayment 100% Payment at time of order SHIPPING METHOD Installation - Miami BILL TO Fernando Rodriguez City of Dania BEach 100 W. DANIA BEACH BLVD DANIA BEACH FL 33004 SHIP TO Fernando Rodriguez City of Dania BEach 100 W. DANIA BEACH BLVD DANIA BEACH FL 33004 QTY ITEM NAME / DETAIL EACH TOTAL 30 light pole banners 3 x 7 for city of Dania Beach ofﬁcial markers $84.50 $2,535.00* Pole Banner Graphic | Vinyl - Block Out - White - 16oz | 36" W x 84" H SUBTOTAL $2,535.00 TAX (0%)*$0.00 TOTAL $2,535.00 BALANCE DUE $2,535.00 PAYMENT DUE BY 8/24/2023 PLEASE MAKE ALL PAYMENTS TO: A3 VISUAL • 8955 NATIONAL BLVD • LOS ANGELES • CA • 90034 A surcharge of 3% will be applied to payments by credit card. A3 Visual (a AAA Flag & Banner company) 3719 NW 50th Street Hialeah, FL 33142 305-474-7600 TRANSACTION INV285122 DATE 8/24/2023 a3visual.com Page 2 of 3 TERMS AND CONDITIONS 1.Acknowledgement and Agreement. The Terms and Conditions set forth herein apply to any sale of goods or services by A3 Visual (a AAA Flag & Banner company) to Customer. By signing the Quote, Customer acknowledges that it has read, understands and agrees to these Terms and Conditions. In addition, by agreeing to place an order with A3 Visual, and by accepting the goods and services ordered from and supplied by A3 Visual, Customer shall be deemed to have full knowledge of the Terms and Conditions set forth herein, shall be deemed to have accepted all such Terms and Conditions without objection, and such Terms and Conditions shall be binding in all respects on Customer. 2.Inconsistency and Modiﬁcation. In the event of any conﬂict or inconsistency between the Terms and Conditions set forth herein and any term or condition set forth in any Order or in any offer or other form issued by Customer, whether or not such offer or other form is accepted by A3 Visual, the Terms and Conditions set forth herein shall prevail. No waiver, alteration, or modiﬁcation of the Terms and Conditions set forth herein shall be valid or binding on A3 Visual unless made in writing and signed by a duly authorized representative of A3 Visual. 3.Variations. Customer acknowledges that, due to differences in equipment, materials, inks and other conditions between color prooﬁng and actual production operations, a reasonable variation in color, clarity, brightness, and tone may exist between the proofs provided to Customer and the completed, manufactured goods supplied by A3 Visual. Customer further acknowledges and agrees a variation in appearance from the Order submitted by Customer and from any sample provided by A3 Visual is expected and reasonable, is acceptable to Customer, and shall not be deemed to be non-conforming or defective. 4.Site Survey and Indemnity. Site Survey: In order for A3 Visual to accomplish its work, A3 Visual might require a survey of the site prior to installation or delivery of the goods. The sole purpose of the survey will be for A3 Visual to assess the logistics of installation or delivery, not to assess any risks or hazards of injury or damage. Prior to the date of installation or delivery of the goods, the Customer shall advise A3 Visual in writing or e-mail of any risks or hazards, patent or latent, associated with the site, including but not limited to any structures or conditions on, below, or adjacent to the site (“Site Conditions”), and relating to the installation or delivery of the goods. At no time shall A3 Visual be responsible for the Site Conditions, for remediation of Site Conditions, or for notifying the Customer or third- parties of any Site Conditions. Indemnity: To the extent permitted by law, Customer shall indemnify, defend, and hold harmless A3 Visual, its ofﬁcers, agents, employees and servants from all allegations, proceedings, claims, suits or actions of every name, kind, description, brought for, or on account of, injuries to or death of any person or damage to property resulting from or relating to any Site Conditions, and relating to the installation or delivery of the goods. 5.Permits and Authorizations. Where and as applicable, Customer shall ultimately be responsible for obtaining all necessary permits and authorizations required for the delivery and/or installation of any goods provided by A3 Visual to Customer, and for maintaining such permits and authorizations in full force and effect. A3 Visual’s performance shall be excused as a result of, and A3 Visual shall have no responsibility for, any delays arising or resulting from the failure to obtain or maintain such permits or authorizations. 6.Delivery of Goods. The goods will be delivered, Ex-Works, to the agreed upon A3 Visual’s facility (Los Angeles, CA; San Francisco, CA; Miami, FL), and if the Customer desires that the goods be shipped to any other location, the Customer shall bear all cost and risks in shipment of the goods. A3 Visual shall not be responsible for shipping/ freight costs or for loss of or damage to goods, whether or not Customer chooses to insure the goods. Customer shall have the responsibility for pursuing any such claim against any carrier and if Customer has chosen to insure the goods, then Customer shall have responsibility for pursing any claim under said insurance. 7.Rental Hardware. A3 Visual’s rental hardware remains the property of A3 Visual. In the event of damage to or loss of rental hardware, A3 Visual reserves the right to charge for any repairs to, or replacement of, that rental hardware. Also, city light pole banner hardware is considered rental hardware and at the end of the term the pole banner hardware returns to A3 Visual. A3 Visual reserves the right to charge additional rental fees for pole banner hardware rentals exceeding 90 days. 8.Cost Reimbursement. If A3 Visual’s work, including site survey, site access, installation, or delivery of the goods, is delayed, restricted, obstructed or prevented for any reason, other than by A3 Visual’s sole negligence and regardless of whether installation or delivery is by A3 Visual or third-party, then the Customer shall be responsible to pay or reimburse A3 Visual for all related expenses, including rental equipment, labor, materials, etc. , within thirty (30) days of presentment of proof of those costs. A3 Visual (a AAA Flag & Banner company) 3719 NW 50th Street Hialeah, FL 33142 305-474-7600 TRANSACTION INV285122 DATE 8/24/2023 a3visual.com Page 3 of 3 9.Inspection and Non-Conforming Goods. Customer shall promptly inspect all goods and services provided by A3 Visual and shall notify A3 Visual, in writing within two (2) days after delivery of any nonconformance, including a detailed explanation of the nonconformance, and, if applicable, a statement of intent to reject the nonconforming goods or services. A3 Visual shall have the right and opportunity to inspect, remedy, correct, or replace any nonconforming goods or services prior to any cancellation by Customer. 10.Payment Terms and Conditions. Unless otherwise set forth in writing, prepared and/or signed by A3 Visual; Clients who do not have approved terms shall be required to provide full payment at the time of order approval. Clients who have been approved for credit terms, are required to provide a 50% deposit with the balance due as per the net terms approved for that client. Additionally, any invoice past due from approved terms will be charged a late payment charge of one and a half percent (1.5%) per month, which is an annual rate of eighteen percent (18%). The late payment charge will be calculated on the balance shown on our statement as being past due and payable. 11.Actions or Proceedings to Enforce. If it becomes necessary for A3 Visual to employ an attorney or a collector to collect any outstanding balance due from Customer, including any accrued interest or ﬁnance charge, or to defend against any action brought by or on behalf of Customer against A3 Visual arising from or related to any goods or services provided by A3 Visual, the attorney’s fees and costs for such services incurred by A3 Visual in the successful prosecution or defense of such action shall be the responsibility of customer, and A3 Visual shall be entitled to an award of all such attorney’s fees and costs it incurred in prosecuting or defending such action. 12.DISCLAIMER OF WARRANTIES. ALL GOODS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, CAPACITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT, AND ANY EXPRESS WARRANTIES BY REPRESENTATION, DESCRIPTION, OR OTHER AFFIRMATION OF FACT, SAMPLE, OR ILLUSTRATION, WHETHER ORAL, WRITTEN, OR CONTAINED IN ANY LETTER, BROCHURE, WEBSITE, IMAGE OR OTHER MEDIUM. A3 VISUAL DOES NOT WARRANT THE PERFORMANCE OR RESULTS OF USING ITS GOODS OR SERVICES. 13.LIMITATION OF LIABILITY. IN NO EVENT SHALL A3 VISUAL BE LIABLE FOR, AND THE CUSTOMER WAIVES SUCH LIABILITY FOR, ANY LOST PROFITS, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, AND COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, ARISING OUT OF THE MANUFACTURE OR SUPPLY OF ANY GOODS OR SERVICES, INCLUDING INSTALLATION OR DELIVERY, VANDALISM OR THEFT, ACTS OF GOD, OR FORCES OF NATURE, EVEN IF A3 VISUAL HAS ACTUAL OR IMPUTED KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES OR OF THE POSSIBILITY OF DIRECT OR INDIRECT CONSEQUENCES, AND NOTWITHSTANDING ANY FAILURE OF PURPOSE OF ANY LIMITED REMEDY. THE AGGREGATE LIABILITY OF A3 VISUAL FOR CLAIMS ARISING HEREUNDER OR OTHERWISE SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER HEREUNDER. HOWEVER, THIS LIMITATION DOES NOT LIMIT OR EXCLUDE ANY LIABILITY TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW. ANY ACTION ARISING OUT OF THE PURCHASE BY CUSTOMER OF GOODS OR SERVICES FROM A3 VISUAL MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. 14.EXCLUSIVE REMEDIES. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AGAINST A3 VISUAL ARISING, DIRECTLY OR INDIRECTLY, OUT OF ANY GOODS OR SERVICES PROVIDED BY A3 VISUAL IS THE REPLACEMENT OF ANY NONCONFORMING GOOD(S) OR SERVICES, OR AT A3 VISUAL'S ELECTION, A REFUND OF THE PORTION OF THE PURCHASE PRICE ALLOCABLE TO THE NONCONFORMING GOOD(S) OR SERVICES. NOTHING HEREIN SHALL LIMIT EITHER PARTY’S LIABILITY FOR BODILY INJURY OF A PERSON. 15.Severability. If any provision of these Terms and Conditions is determined to be illegal or unenforceable, it shall be disregarded and shall not affect the enforceability of any other provision of these Terms and Conditions. Waiver by A3 Visual of a breach of any provision hereof shall not be deemed a waiver of future compliance therewith. 16.Governing Law and Venue. The Terms and Conditions shall be governed and construed in accordance with the laws of the State of California without regard to its choice of law principles. All rights and obligations of the parties hereto shall be governed by the laws of the State of California and deemed to have occurred in Los Angeles, California. The sole jurisdiction and venue for the enforcement, interpretation or construction of any portion of a transaction between A3 Visual and Customer, including but not limited to these Terms and Conditions, shall lie in the federal and state courts located in Los Angeles County, California. 17.Independent Contractor Relationship. Customer agrees that the business conducted by A3 Visual with respect to Customer is that of an independent contractor and that such is the sole relationship between the parties. Customer is not the representative or agent of A3 Visual, and has no authority, right or ability to bind or commit A3 Visual in any way, and will not attempt to do so or imply that it may do so.