XXXXX FARGO ARMORED SERVICE CORPORATION
AUTOMATED TELLER MACHINE CONTRACT
WEST PALM BEACH
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BRANCH SERVING
15026
SUPERCEDES NEW
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THIS AGREEMENT, made this 19th day of August, 1996, by and between XXXXX
FARGO ARMORED SERVICE CORPORATION (herein called "Xxxxx Fargo Armored"), a
Delaware corporation, at 0000 Xxxxxxxx Xxxx, Xxxxx 000, Xxxxxxx, Xxxxxxx 00000,
and
AMERICAN ATM CORPORATION (hereinafter called "Customer"), a
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(name of customer)
0000 XXXXX XXXXX XXX
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(State of incorporation, partnership, individual) (address)
XXXX XXXXX, XX 00000
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(attention)
WITNESSETH:
In consideration of the mutual covenants and agreements herein contained
and of the payments hereinafter mentioned, the parties agree as follows:
1. SERVICES
Xxxxx Fargo Armored shall provide to Customer Automated Teller Machine
("ATM") services as described in the Service and Compensation Schedule Rider
attached hereto between the parties to be performed at Customer's locations and
at the rates set forth in the Service and Compensation Schedule Rider. The term
"currency" as used in this Agreement shall mean bills and/or coins.
Customer may elect to have rendered by Xxxxx Fargo Armored pursuant to this
Agreement the following services at the rates set forth in the Service and
Compensation Schedule Rider:
a. Cash Resupply - The transportation of the currency in packages, bags or
cartridge-like containers to the ATM, the replacement of currency dispensed by
an ATM and the return of leftover currency from the ATM to the Customer or
Customer's designated agent. This service does not include packaging currency in
readiness for placement in an ATM or loading currency in cartridge-like
containers prior to transportation to the ATM.
b. Balancing - The reconciliation of ATM dispensed currency totals with
leftover currency in the ATM and totals recorded by the ATM and/or Customer's
accounting records.
c. Deposit Collection - The removal and transportation to Customer of
sealed deposit envelopes, order forms, notices, magnetic debit and credit cards
and other valuable items from the ATM.
d. Malfunction On-Call Service - Corrective action and repairs, exclusive
of hardware maintenance or repair, to restore an ATM to its proper operating
mode.
2. LIABILITY AND INDEMNITY
a. The responsibility for the safekeeping of Customer's currency shall
commence when receipted for by Xxxxx Fargo Armored and shall terminate when (i)
currency is placed in Customer's ATM, or (ii) if placement is cancelled by
Customer or otherwise impossible, the currency has been returned to Customer or
Customer's designated agent and a receipt obtained therefor. The responsibility
for the return of leftover currency and Deposit Collections shall commence when
removed by Xxxxx Fargo Armored for the Customer's ATM until returned to Customer
or Customer's designated agent and a receipt obtained therefor.
b. Subject to Paragraph 2(c) and 2(e) of this Agreement, the liability of
Xxxxx Fargo Armored for any loss destruction or damage arising out of or in
connection with the services provided to Customer pursuant to this Agreement
shall not exceed the lower of (i) the liability limits for the services stated
in the Service and Compensation Schedule Rider; (ii) the total shipment value
declared by Customer, or (iii) the amount of loss, destruction or damage
actually sustained. The service liability obligations assumed by Xxxxx Fargo
Armored and the rates charged by Xxxxx Fargo Armored are based, in part, upon
the shipment values declared by Customer who has exclusive knowledge of the
actual value of the contents of each package, bag or cartridge picked up from
Customer. Customer shall record the shipment value of each package, bag or
cartridge picked up by Xxxxx Fargo Armored in a receipt book or other receipting
form.
x. Xxxxx Fargo Armored's liability under this Agreement is limited solely
to (i) losses of currency from robbery, kidnapping and entry of ATMs with the
use of keys and/or combinations issued to Xxxxx Fargo Armored's employees under
this Agreement, and (ii) breakage, loss or damage to currency cartridges (or the
currency therein), due to the provable sole negligence or dishonesty of Xxxxx
Fargo Armored employees while the currency or cartridge is in its sole care,
custody and control. CUSTOMER AGREES THAT XXXXX FARGO ARMORED DOES NOT UNDERTAKE
THE OBLIGATION OF AN ABSOLUTE INSURER IN THE PERFORMANCE OF THIS AGREEMENT.
d. Notwithstanding anything to the contrary contained in this Agreement,
Xxxxx Fargo Armored shall not be liable and Customer agrees to defend and does
hereby indemnify and hold harmless Xxxxx Fargo Armored, its officers, employees,
underwriters and insurers from and against any and all claims, actions, damages,
liabilities, losses and expenses, including reasonable attorneys fees, arising
out of or in connection with any claims due to ATM losses of currency or other
valuable items arising out of or in connection with currency dispensed due to
ATM malfunction, currency dispensed due to mistake or fraudulent instruction
manually or electronically transmitted to the ATM. ATM equipment hardware
malfunction, mistakes in verification, nominal unexplained currency shortages
which Customer has previously experienced, the failure of Customer's patrons
(consumers) to seal deposit envelopes giving rise to claims for alleged
differences in the amount said to have been deposited and the amount actually
received by Customer, access to the ATM by third parties for hardware
maintenance or any other reason without Xxxxx Fargo Armored's employees being
present, access by Customer's employees with duplicate keys and combinations, or
the use of magnetic debit and credit cards, not in Xxxxx Fargo Armored's
possession, burglary and damage from breakage and vandalism.
e. In the event of the loss, destruction or damage of any Deposit
Collection or part thereof, the Customer agrees to reconstruct the lost, damaged
or destroyed items and to take such actions as may be necessary to assure the
maximum amount of reconstruction of such items, including without limitation,
requesting depositors of any negotiable instrument (including checks) to issue
duplicates thereof and in the event such depositor shall refuse to do so, then
Customer will assert any rights it may have against such depositors, XXXXXXXX
event shall Xxxxx Fargo Armored be liable for the failure of the depositors of
lost, destroyed or damaged items to reissue same. Customer agrees to defend and
does hereby indemnify and hold harmless Xxxxx Fargo Armored, its officers,
employees, underwriters and insurers from and against any and all claims,
actions, damages, liabilities, losses and expenses, including reasonable
attorney fees, arising out of or in connection with any claims by Customer's
depositors for any difference in the amount said to have been deposited in
Customer's ATM(s) and the amount actually received by Customer for any
Deposit Collection.
3. MODIFICATION OF AGREEMENT
This Agreement may be altered, amended or superceded only by a printed
rider signed by an officer of Xxxxx Fargo Armored and an authorized
representative of Customer and changes made in any other manner are void. Any
practice or custom of Customer or Xxxxx Fargo Armored at variance with the
provisions of the Agreement shall not constitute a waiver of such provisions
unless such practice or custom shall be agreed upon in writing and such writing
shall be made an amendment to this Agreement.
4. ACCEPTANCE AND VERIFICATION
Xxxxx Fargo Armored agrees to accept currency in sealed packages, bags
and/or sealed cartridges from Customer or Customer's designated bank. Xxxxx
Fargo Armored may refuse to accept any package, bag or cartridge that is not
securely locked and sealed, and that is not accompanied by a written receipt
which contains a statement of the value of the currency in the package, bag or
cartridge. Xxxxx Fargo Armored's receipt verifying the count of currency shall
be binding and conclusive as to the amount received. Customer shall prepare
cartridges to prevent damage while in transit and Customer's release of the
cartridges shall be proof that the cartridges were suitably prepared for
transportation and placement in the ATM.
The terms and conditions on the reverse hereof and those in any duly
executed rider between the parties are a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first above mentioned.
AMERICAN ATM CORPORATION XXXXX FARGO ARMORED SERVICE CORPORATION
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(Customer)
Print Name: Mori Xxxxx Xxxxxxxxxx Print Name: Xxxxx Xxxxxx
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By: Mori Xxxxx Xxxxxxxxxx By: Xxxxx Xxxxxx
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Title: President Title: Assistant Vice President
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WFA 1357 REV. 2/93
ADDENDUM TO ARMORED CAR SERVICES CONTRACT
This Addendum is an amendment/modification of the Armored Car Services
Contract dated 8-19-96, No. 15026, between XXXXXX FARGO & COMPANY (Armored Car
Service) and AMERICAN ATM., CORP. (ATM Owner), and said contract is hereby
amended/modified only to the extent provided herein.
In modification of the referenced contract, Armored Car Service agrees to
the following conditions relating to the replenishment of cash to the ATMs of
ATM Owner which are funded by American Security Bank of Ville Platte, Inc.
(American Security Bank):
1. Armored Car Service recognizes and agrees that American Security
Bank does by this Agreement become a party to the referenced
contract to the extent and only to the extent that Armored Car
Service shall owe a legal duty to American Security Bank as
enumerated herein. American Security Bank shall not be responsible
for any fees, charges, or other liabilities incurred by ATM Owner
under the contract.
2. American Security Bank will notify the Armored Car Service of a
scheduled replenishment for ATM terminals by faxing an ATM FUNDING
WORKSHEET (see attached). The worksheet will conform to the Armored
Car Service of the specific terminals to replenish along with the
specific amounts for each terminal. The replenishment cycle will
have already been communicated to the ATM Company by the Armored Car
Service hence, terminals listed on the ATM FUNDING WORKSHEET will be
replenished within the agreed upon replenishment cycle. Information
as to the Bank and vault location will be provided on the ATM
FUNDING WORKSHEET.
3. The Armored Car Service will pick-up the wired funds from the
appropriate bank vault as indicated on the ATM FUNDING WORKSHEET.
The Armored Car Service representative will sign a shipping manifest
at the bank vault verifying receipt of the cash. On the next
business day following the receipt of the cash, the Armored Car
Service will fax a copy of the signed shipping manifest to American
Security Bank at 0-000-000-0000.
4. The Armored Car Service representative will deliver funds to the
ATMs as instructed on the ATM FUNDING WORKSHEET. ATM terminals must
be funded according to the ATM FUNDING WORKSHEET. The Armored Car
Service will be responsible for replenishing each terminal, as well
as balancing each terminal per replenishment. The Armored Car
Service will be responsible for
completing an ATM BALANCING SHEET for each ATM balanced. An ATM
BALANCING SHEET will be provided to the Armored Car Service (see
attached). An Armored Car Service may elect to utilize its own
balancing sheet as long as its balancing sheet contains all of the
relevant information found in American Security Bank's balancing
sheet. On the next business day, the Armored Car Service will fax a
copy of the ATM BALANCING SHEET to American Security Bank at
0-000-000-0000.
5. If at any time and for any reason funds designated for ATM
funding need to be returned to American Security Bank, the Armored
Car Service will be responsible for depositing these funds into an
account as designated by American Security Bank only. American
Security Bank will provide the Armored Car Service with preprinted
deposit tickets for this purpose and for new customers, will use
counter deposit tickets until the preprinted deposit tickets are
mailed to the Armored Car Service. Each deposit ticket will identify
the terminal number and amount for each terminal for which the
Armored Car Service is depositing funds for. On the next business
day, the Armored Car Service will fax a copy of the deposit slip to
American Security Bank at 0-000-000-0000.
6. The Armored Car Service will be responsible for forwarding all
original documents and faxing certain documents as referenced in
paragraphs 3, 4 and 5, to American Security Bank. The following is a
list of these original documents, documents to be sent via
facsimile, mailing address and facsimile telephone number:
Mailing Address:
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American Security Bank
000 Xxxxxxxx Xxxxx
Xxxxx 000
Xxxxxxxxxxxxx, XX 00000
ATTN: Reconciliation
Original Documents to be Mailed:
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Shipping Manifest from Bank Vault
ATM Balancing Sheet
Deposit Tickets
Detailed as well as summary journals from each ATM terminal
Facsimile Number:
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0-000-000-0000
ATTN: Reconciliation
Documents to be faxed next business day as referenced in Paragraphs 3, 4 & 5:
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Shipping Manifest from Bank Vault
ATM Balancing Sheet
Deposit Tickets
7. A Certificate of Insurance will be provided to American Security
Bank by the Armored Car Service.
8. Armored Car Service understand that the funds used to replenish
ATM Owner's ATMs are the property of and belong to American Security
Bank, and recognizes and agrees to the following:
A. Armored Car Service will at no time honor any request by
ATM Owner to move cash from one ATM terminal to another.
B. Armored Car Service will at no time honor any request by
ATM Owner to fund or replenish any terminal without written
confirmation from American Security Bank.
C. Armored Car Service will at no time allow ATM Owner or
any employees, agents, or assigns to access stored cash in
any terminal and will not provide keys/combinations to any
terminal to said parties. Armored Car Service is responsible
for ATM cash while any necessary technical service/repairs
are being conducted within the vaulted section of the ATM
terminal.
DATE: 9-8-97
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BY: [SIGNATURE ILLEGIBLE]
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XXXXXX, FARGO & CO.
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(Armored Car Service)
TITLE: District Sales Rep.
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BY: [SIGNATURE ILLEGIBLE]
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AMERICAN ATM CORP.
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(ATM Owner)
TITLE: V.P.--ATM Operations
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AMERICAN SECURITY BANK OF
VILLE PLATTE, INC.
BY: [SIGNATURE ILLEGIBLE]
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TITLE: Operations Manager
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