Terms & Conditions
Self-Fill Vending Terms & Conditions
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We have made it easy to use any vending machine for your business. Just sign a short agreement and your machine will be at your location in a few weeks. Please read the following Terms and Conditions of your agreement before starting your business.
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CUSTODY AND CARE
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Customer will, at customer expense, keep the Equipment in good repair and condition. Customer hereby covenants that: (a) no logo, trademark, advertisement or other indication of Vendo World's ownership to the Equipment will be obscured, defaced or removed and no other logo, trademark or advertisement will be affixed to the Equipment; (b) if the Equipment has an illuminated sign, Customer will keep the illuminated sign Lighted 100 % of the time; (c) The Equipment shall not be obstructed, moved, or removed without the prior consent of Vendo World; (d) the Equipment shall not be sold reassigned, loaned, leased, rented to others and (e) the Customer will not affix the Equipment, nor will Customer allow the Equipment to be affixed, to become part of the realty as a fixture or otherwise, and also that the Equipment will be maintained in the same condition so that it may be removed without damage to buildings or realty. Customer will permit Vendo World to enter its premises for the purpose of inspecting, replacing or removing the Equipment.
MAINTINENCE & REPAIRS​
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The Customer will have up to two (2) regular mechanical repair calls, in Vendo World's service network, at no charge, per calendar year, and also the parts required for these no charge regular mechanical repair calls. Vendo World at that time will charge the Customer $75 per visit for regular mechanical repair calls, that exceed the allowable no-charge repair calls under Service, or for calls resulting in misuse or abuse. Service charges will be billed in full and are due 30 days after billing. The Customer's only available remedy against Vendo World with respect to the Equipment inconnection with service performed by Vendo World or its agents, is that Vendo World will rectify any defective workmanship and will not charge the Customer, provided that Vendo World receives prompt notice of the defective workmanship.
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OWNERSHIP ​
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Vendo World is, and will always exclusively be the owner of the Equipment. The Customer agrees to protect Vendo World's title and keep the Equipment free from claims, liens and encumbrances. The Customer's obligations under this paragraph will continue until Vendo World or a Vendo World representative pick up the Equipment. Vendo World will provide and deliver all of the products stored within or sold through the Equipment, except in the State of Wisconsin, and the Customer will only store in or sell through the Equipment products supplied by the Vendo World. The customer grants Vendo World permission to sign and submit any other documents in any jurisdiction that it thinks is appropriate to report and perfectly Vendo World's interest in the Equipment.
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NOTICE OF WARRANTIES
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The customer acknowledges that Vendo World is not the equipment manufacturer. All warranties provided by the Equipment manufacturer to Vendo World will inure to the benefit of the Customer. Vendo World MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES AS TO THE FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DESIGN, CONSTRUCTION, CONDITION, SPECIFICATIONS OR PERFORMANCE OF THE EQUIPMENT. The customer accepts no warranties and waives any implied warranties as to the fitness for a particular purpose, merchantability, design, construction, condition, specifications or performance of the Equipment.
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LIABILITY AND COSTS
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The customer assumes liability for any and all damage to, normal wear and tear excepted, or loss of the Equipment from the time the Equipment is delivered to the customer until it is returned to/or removed, and accepted by Vendo World. The customer agrees to promptly report any damage to or loss of Equipment to Vendo World. The customer shall pay any taxes, licences, fees or other assessments that may be imposed on the sales from the Equipment, on the Equipment itself or this lease by any taxation authority.
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EXCULPATION
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Vendo World will not be responsible to the Customer for any claims, based on or arising out of injury to person or property in any way related to the installation, maintenance, repair, use or operation of the Equipment, except such claims as may arise solely out of Vendo World's gross negligence and willful misconduct. Under no circumstances will Vendo World be liable to the Customer for any claims, based on or arising from lost profits or prospective profits, product loss, or consequential, special or incidental damages in any way related to the installation, maintenance, repair, use or operation of the Equipment.
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INDEMNITY
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Customer agrees to indemnify and hold Vendo World harmless from all losses, damages and expenses, including attorney's fees resulting from any and all claims, demands or rights of action now or at any time hereafter, against Vendo World, caused by or resulting from the negligent actions or inactions, or willful misconduct of the Customer, in the installation, maintenance, repair, use or operation of the Equipment. Customer represents and warrants that the electric service for the property is proper and adequate to allow for the installation of Equipment; Customer agrees to indemnify and hold Vendo World harmless from any damages resulting from defective electrical services.
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TERMINATION FOR CAUSE
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Vendo World may terminate this Lease upon the occurrence of any of the following events of default: (a) Customer fails to make any payment of lease within 90 days; (b) equipment is relocated from location(s) provided; (c) Customer transfers, lends, subleases, or encumbers the Equipment, or attempts to do so; (d) Equipment is levied, seized or attached, whether by operation of law or otherwise; (e) Customer fails to perform or comply with one or more terms, conditions, or provisions other than payment of lease, and such failure continues for a period of 30 days after delinquency notification to Customer at the address above by Vendo World; or (f) Customer is adjudicated insolvent by any court or tribunal, or files voluntary petition in bankruptcy, or enters into an arrangement with its creditors. In the event of default or any termination, Vendo World shall have the immediate right to exercise any one or more of the following remedies: (w) to declare the entire amount of lease immediately due and payable without demand or notice to Customer; (x) to take possession of any or all Equipment without demand or notice, wherever the same may be located, without any court order or other process of law; or (y) to pursue any other remedy available at law or in equity. If Customer does not make the Equipment accessible, Customer will pay all costs and expenses relating to the removal of Equipment. All rights and remedies provided for herein will be exercised exclusively, concurrently or cumulatively with any other right or remedy hereunder, or as otherwise provided by law.
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MISCELLANEOUS
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Customer shall not assign, sublease or transfer this Lease, in whole or part, without the prior written consent of Vendo World. This Lease constitutes the entire lease between the parties and may only be modified in a writing signed by both parties. No modification or waiver shall be enforceable unless in writing and signed by the party from whom enforcement is sought. Vendo World shall be entitled to recover from Customer its reasonable attorneys' fees incurred in enforcing this Lease. The terms and conditions of this Lease are intended to be severable, so that if any term or condition is found invalid or unenforceable by any court, then such term or condition will be ineffective only before that court and only to the extent of such invalidity or unenforceability, without any affect on the validity or enforceability of the remaining terms and conditions.
