TERMS & CONDITIONS
l. Big Apple Car Services LLC_GS authorized to verify any and all information listed on this credit application, including the procurement Of a credit report from an outside reporting agency.
Big Apple Car Services LLC. reserves the right to extend or deny this credit application based upon customer's present credit position with Big Apple Car Services LLC , and it ig expressly understood that Blg Apple Car Sewieeg LLC. regerves the rlght ag its unrestricted option to alter such credit terms. If customer shall fail to live up to the terms of this or any other contract with Big Apple Car Serviæs LLC.. the latter shall have the unrestricted option, to defer further serviæs until customer defaults have been Who Iy made good, and/or to declare all outstanding bills Of the customer to be (and thereupon the same shall be and become) due payable
Customer agrees to pay Big Apple Car Services LLC. for all transportation services provided by transportation affiliates Of Big Apple Car Services LLC Such transportation shall be provided to customers, its affiliates. partners. representatives, employees, guests, agents, customers. clients and others who identify themselves as authorized users and Big Apple Car Services LLC. bill customer accordingly. Such services are provided by owner operator Independent franchises of said affiliates.
Customer agrees to pay Big Apple Car Ser/ices LLC. for all charges billed under customer's account number including waiting time and shov,æ charges and all other charges specified in Big Apple Car Services LLC. Rate Book. as same may be modified from time to time. Customer acknowledges that usage of this account by individuals or voucher numbers cannot be policed by Big Apple Car Services LLC. and that Big Apple Car Services LLC. has recommended to customer implementation of a No Voucher No Ride account (NVNR) for security reasons.
payments for services rendered are due in full upon receipt of invoice. Failure to remit payments on a timely basis may result in the closure of customer's account. Customer agrees to pay interest at a rate Of 1.5% per month (or any portion thereof) for invoices not paid Wlthin 30 days from the date thereof. The customer agrees that whenever an attorney is hired by Big Apple Car Sernces LLC. to collect any invoices or enforce any obligations of customer under this Agreernent, the customer shall pay all Of Big Apple Car Services LLC. attorney's fees, costs and expense relating to such collection.
& The signatory warrants that he/she is authorized to enter into this agreernent on behalf Of the custorner and that the firm listed Will assume all financial obligations With regard to Big Apple Car Services LLC. charges incurred on account.
7_ This agreement is rnade under and shall be governed by the laws Of the State Of New York Any action or proceeding based on or relating to this Agreement shall be maintained and prosecuted only in the Civil Court of the city of New York, the Supreme Court of the State of New York. Kings County. New York of the United States District Court for the Southern District Of New York and custorner consents to jurisdiction Of such courts and agrees that any process or Other documents may be served upon it by registered mail, mailed to the customer at the address set forth in the first page hereof
Big Apple Car Services LLC. shall not be held responsible for any or damage arising out of delays occasioned directly or indirectly by Acts of God. or any other emergency or condition beyond the control of Big Apple Car Services LLC.
This Agreement is not assignable or transferable by without consent of Big Apple Car Services LLC. to such assignment or transfer. The face and reverse Of thlS writing constitute the entire Agreement, and no representation, warranties, or conditions shall be valid With respect thereto excepting those specifically heren contained, This Agreement cannot be changed or terminated, and no provision thereof can be waived, except by a writing signed by Big Apple Car Services LLC. NO waiver by either party Of any default or breach Of any prov1Slon hereof shall be deemed a waiver Of any subsequent default or breach_
Customer agrees to pay all sales. use. excise or similar taxes if any, applicable to the services. In addition, customer agrees to pay an administration fee ',ffch is charged and applied on a per trip basis (service charge).
I I. Applicant agrees to be bound by the terrns and conditions Of this credit application • Corporate Voucher Agreement. Applicant acknovv•ledges that this order Will become a binding contract only after the order has been submitted and Big Apple Car Services LLC. has indicated its acceptance by notice to Applicant of Applicants account number. NO modifications or additions shall be binding upon Big Apple Car Servlces LLC. and/or its affiliates unless agreed to in wribng.
12. Specifically for those customers who have opted to pay for their account via credit card(s). the following conditions are agreed to: You agree that Big Apple Car Services LLC. can charge your credit card or debit card ('Card Payment"), or initiate an electronic funds transfer out Of your bank account ("EFT Payment") for payrnent of all amounts payable under this Agreement. With respect to such charges the following authorization applies You authorize automatic and on demand Card Payrnents or EFT Payments by Big Apple Car Services LLC. You agree that the charges described above Will be billed to the creditor debit card provided by you. You must provide current, complete, and accurate information for your billing account. and promptly update any changes (such as a change in billing address. credit card number, credit card expiratlon date, bank account number) and contact email address Changes to such information can be rnade by calhng 81g Apple Car Services LLC. Customer Service. If you fail to provide us with any of the foregoing informanon, you agree that Big Apple Car Services LLC. may continue charg.ng you for any semce provided under your account. In addition to Administrative fees that you may owe. if we are unable to process your credit or debit card at any tirne or we otherwise do not receive electronic payment from you by Its due date, your account may be immediately suspended and you Will remain responsible for all amounts payable by you to us. If we do not recelve your payment before your next statement is issued, your account may be terminated due to your default or nonpayment and you Will be liable for any collection costs as outlined above Your card agreernent governs use Of your credit or debit card payment in connection with this Service and you must refer to that agreement with respect to your rights and liabilities as a cardholder. If we do not receive payrnent from your credlt or debit card issuer or its agent, you agree to pay us all amounts due upon demand by us. You agree that Big Apple Car Servlces LLC. will not be responsible for any expenses that you may incur resulting from overdrav,ing your bank account or exceeding your credit limit as a result of an automatic charge made under this Agreement.
BIG APPLE CAR SERVICES LLC, MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE SERVICE COVERED HEREBY, EXCEPT AS PROVIDED IN THE TERMS AND CONDITIONS OF THIS AGREEMENT.