#LUXURY IN MOTION
Standard Terms and Conditions
These Standard Terms and Condition constitute the Agreement between A-List and the Client.
1. Responsibilities. Subject to the terms and conditions set forth in this Agreement, A-List shall provide the transportation services ("Transportation Services") to the client listed in the purchase order ("Purchase Order") attached hereto and incorporated in this Agreement by reference. Client will make payment to A-List, in accordance with the prices set forth on the Purchase Order. It is specifically understood by both parties that A-List is not an employee of Client and that A-List's relationship with Client is that of an independent contractor acting as an agent with authority to implement Transportation Services described in this Agreement.
2. Terms of Payment. Total estimated client costs for the Transportation Services are provided hereto in the attached Purchase Order. Any additional Transportation Services' costs incurred at the request of the Client shall be billed as outlined in the Purchase Order. In order to reserve the Transportation Services set forth in this Agreement, a 25% non-refundable deposit shall be due at the time of execution of this Agreement. The final invoice will reflect a balance plus any additional approved expenses incurred in the Transportation Services. Final payment must be received by A-List upon completion of the Transportation Services for the Client. Payment is to be made in U/S/ dollars by cash or credit card. If payment is paid with a credit card, a signed credit card authorization will be required. Final payment is due immediately upon completion of the Transportation Services. A 1.5% service charge on balance per month will be added in the event payment is not timely made. Additionally, should any additional charges or costs be because of a delay in payment by Client (or otherwise). Client will be responsible for such amounts (including) the legal fees and costs necessary to collect such amounts.
3. Cancellation or Inability to Perform by A-List. A-List will make every effort to timely perform the Transportation Services for the Client. A-List will not be liable for any delays in performance due to causes beyond its control, including delays for traffic or acts of third-Parties, In the event A-List breaches its obligations under this Agreement for any reason other than as defined in Force Majeure (Section 4), then A-List shall return to Client its deposit (for complete nonperformance). In no event shall A-List be liable for incidental or consequential damages sustained by Client arising out of any claimed breach of this Agreement. A-List makes no warranties, expressed or implied.
4. Force Majeure / Termination / Excuse of Performance. A-List may terminate its performance obligations without liability to the extent its performance is affected by acts or occurrences beyond its control that makes it impossible to hold the reservation for Transportation Service. The acts or occurrences that trigger the right of either party to terminate this Agreement under the terms of this Section include, but are not limited to: acts of God, war, civil authority or government regulation (including advisories, quarantines and curfews), natural disaster, fire, strikes o other labor disputes, curtailment or disruption of transportation, civil disorder, terrorism and responses thereto, an act or occurrence creating a significant risk to the participants' health or safety (as determined by both parties), or affecting a party's performance. This Agreement may be terminated by A-List without liability for any one of such reasons by written notice to Client within ten (10) days from the Force Majeure act or occurrence.
5. Liability and Insurance. Client acknowledges that A-List does not own, operate, or in any other manner exercise any control or influence over third party vendors for the provision of goods and services for the Transportation Services specified herein, including the service of alcoholic beverages. Client will be responsible for the acts or omissions of its guests, invitees, and passengers that us the Transportation Services and will indemnify, defend and hold harmless A-List from and against any and all demands or asserted claims from third parties for damages to person's or property, or losses and liabilities, including reasonable attorney's fees, arising out of or caused by the acts, omissions, negligence or willful misconduct of Client or any of its/his/her guests, invitees, or passengers. Such indemnification of A-List by Client shall be effective unless such damage or injury results, in whole or in part, from the negligence or willful misconduct, acts or omissions of A-List, its agents, servants or employees, in which case liability shall be apportioned between the parties. If alcoholic beverages are to be served in a vehicle owned by A-List, Client is at all times responsible for the actions of its guests, invitees, and/or passengers. A-List will not supervise or control the actions of said persons and disclaims any and all responsibility for their acts or omissions. Accordingly, Client agrees to indemnify, hold harmless and defend A-List, its employees, agents, or contractors from any costs, asserted claims, damages, or judgments resulting from the sale and/or consumption of the alcoholic beverages. Both parties shall be responsible to the other for damage to, theft, or loss of, the other's property, whether owned, leased or rented, arising out of the negligence or willful misconduct of the party causing the damage or loss, including the acts or omissions of that party's employees, agents, guests or Client's other contractors while they are acting on the behalf or at the direction of their principal. Client's responsibility shall include, without limitation, any damage to, theft, or loss of A-List vehicles, props, linens, centerpieces (not designed to be taken away by Client).