VENDING MEDIA INC. ONLINE EQUIPMENT PURCHASE AGREEMENT
This Equipment Purchase Agreement (the “Agreement”) is made between Vending Media Inc. (the “Merchant”) and the customer completing the purchase (the “Customer”) as of the date of the online transaction. By completing the purchase on our website, the Customer acknowledges, understands, and agrees to the following terms:
1. Sale and Delivery
The Merchant agrees to sell equipment to the Customer at the price specified in the purchase order. Title to the equipment transfers to the Customer upon delivery.
2. Delivery Times
Delivery times are provided as estimates and are not guaranteed unless explicitly stated otherwise. The Merchant will not be held liable for any delays that are beyond its control. Please note that shipping times may vary due to a variety of factors, including but not limited to: Destination location, customs clearance processes, carrier availability and transit schedules, weather conditions or unforeseen delays, peak holiday seasons. While we strive to provide accurate delivery estimates and ensure timely shipping, these factors are outside our control and may affect delivery times. We appreciate your understanding and patience.
3. Warranty
The Merchant warrants its equipment against defects in materials and parts for a period of 5 years from the purchase date. This warranty includes 5-year coverage on the compressor and 1 year warranty all other parts and materials. This warranty does not cover the WHOLE BODY of the machine, coin mech, bill acceptor, Nayax box. Warranty covers things like spring, motors etc.. To claim under this warranty, the Customer must provide proof of the defect. All defective items must be shipped to the Merchant for verification before any replacement is issued. (We do not offer labour warranties)
Shipping of the machine from Toronto or our wholesaler’s partner location to the Customer’s location will be arranged by the Merchant., and all freight charges are covered by the Merchant. This warranty does not cover defects resulting from accidents, negligence, alterations, abuse, misuse, or damage. The Merchant makes no representations or guarantees regarding income levels from the use of the equipment and shall not be liable for any income loss due to equipment malfunction. Except for the warranty against defects, all other warranties, whether express or implied, are expressly disclaimed. Tracking numbers will be provide for the entire shipping process.
4. Location Assistance ***** (This applies ONLY if you purchased machines that include locations.) *****
A. The Merchant agrees to establish a route by acquiring a number of accounts equal to the number of vending units owned by the Customer.
B. Availability Requirement
The Customer is required to be available during normal business hours to install and service the locations secured by the Merchant.
C. Approval of Accounts
All accounts acquired by the Merchant are subject to the approval of the Customer. The Customer has the right to refuse any account deemed unsatisfactory, provided there is justifiable reason for refusal prior to acceptance.
D. Acceptance of Accounts
The Merchant agrees not to reject accounts deemed acceptable by the Merchant without valid reason. Final decisions will be made impartially and with mutual judgment by the Merchant.
E. Route Maintenance Responsibility
The Customer accepts full responsibility for maintaining and updating the route provided by the Merchant.
F. Equipment Installation
The Customer is responsible for timely and efficient installation of all vending equipment at designated locations.
G. Commitment to Route Upkeep
The Customer assumes responsibility for maintaining and updating the route associated with the provision of Snack combo vending machines.
H. Merchant’s Effort
The Merchant will make their best effort to secure prime locations within the agreed timeframe.
I. FREE Location Included Not A Purchase
The Customer acknowledges that the Merchant is providing a free location as part of the vending machine sale. The Customer is not purchasing, buying, or paying out of pocket for the stated number of locations from the Merchant.
Best Effort for Quality Accounts
It is mutually agreed that the Merchant will secure the best possible accounts based on local market condition
Liability
The Customer understands that the Merchant is not liable for the profitability, sales performance, or any guarantees related to the vending location secured with this vending machine.
5. Support and Resources: Advertising
The Merchant will provide Customer with advertising strategies, best practices, design services, and valuable insights from other vendors in the industry. Additionally, Customer locations will be included in our dealer network, and any leads generated within the Customer’s local area will be shared. Please note that The Merchant makes no representations or guarantees regarding income levels, sales volumes, profits, or customer acquisitions for the Customer.
6. Delivery Time-frame
Delivery times are approximate unless expressly guaranteed. The Merchant is not liable for delays caused by circumstances beyond our control. The standard delivery timeframe is typically 60 days, though this period may be extended due to customs or delays that is out of our control.
7. Indemnification
The Customer agrees to indemnify and hold The Merchant harmless from any third-party claims arising from this agreement, including claims related to equipment defects. Please note that the Merchant is not liable for any incidents involving the machine, including but not limited to personal injuries or damages resulting and from other causes.
8. Insurance
It is the Customer’s responsibility to secure Fire, Theft, and Vandalism Insurance from a reputable insurer. This insurance must cover any claims, suits, losses, or damages arising from alleged defects in the Merchant’s machines, including reasonable legal fees.
9. Owner’s Manual
The Merchant will provide an owner’s manual for setting up the vending machine.
10. Currency
Unless specified otherwise, all monetary amounts are in U.S. dollars.
11. Entire Agreement
This agreement constitutes the entire agreement between the parties, superseding all prior oral or written agreements. It may only be amended in writing and signed by both parties. Neither party is bound by any oral or written agreements not explicitly stated herein.
12. Personal Warranty
No personal representations or warranties are made by any owners or operators of the Merchant.
13. Governing Law
The interpretation, validity, and effect of this contract shall be governed by the laws of Ontario, Canada. The parties agree to submit to the jurisdiction of the courts of Toronto, Ontario, Canada.
14. Final Sale and Non-Refundable Terms
All sales of products and services made are final, and the Customer waives any and all rights to cancellations, refunds, or returns under any circumstances. By signing or agreeing to this Agreement, the Customer expressly accepts that no cancellations, refunds, or returns will be granted once a transaction has been completed, regardless of the method of payment.
15. Credit Card Payments and Chargeback Waiver
In the event the Customer elects to pay by credit card or any other form of payment involving a third-party processor, the Customer agrees that they shall not initiate any chargeback, dispute, or reversal of any payment or transaction related to this Agreement. The Customer further agrees that they waive their right to initiate any chargeback or dispute through their credit card company or financial institution under any and all circumstances, including but not limited to dissatisfaction with the product or service, claims of non-receipt, or any other reason.
16. Non-Disputable Transactions
The Customer acknowledges and agrees that, should they initiate any dispute, chargeback, or reversal of payment in contravention of this Agreement, the Merchant will present this Agreement as evidence to the relevant financial institution or arbitration body. The Customer understands and accepts that the Merchant will prevail in any such dispute based on the terms set forth herein.
17. Customer Responsibility and Acknowledgment
By agreeing to this Agreement, the Customer affirms that they have thoroughly reviewed and understand these terms and that all sales made pursuant to this Agreement are fully binding. The Customer agrees that they will resolve any concerns or disputes directly with the Merchant, without initiating any formal payment disputes.
18. Restocking Fee
Once the machine has entered production, no changes or cancellations can be made. If the customer requests modifications to the machine, a restocking fee equal to 100% of the machine’s cost, including any additional add-ons or required adjustments, will apply.
By completing your purchase on our website, you acknowledge and accept this Agreement electronically. You confirm that you fully understand and agree to these binding terms, and that all payments made are final and non-refundable.