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Terms & Conditions

STANDARD TERMS AND CONDITIONS TO THE
MASTER EQUIPMENT LEASE, PODS SUBSCRIPTION PLANS AND UNIT PURCHASE AGREEMENT

1.Equipment: Lessee agrees that Lessor has title to the Equipment at all times and that Lessee acquires no ownership, title, property, right, equity or interest in the Equipment other than its leasehold interest. Lessee shall keep the Equipment free and clear of all liens and shall not move the Equipment from the Location once delivered without Lessor’s written permission. Lessee shall not enter into any sublease of any item of Equipment. Lessee shall not affix or attach any item of Equipment to real property or any improvements. The parties intend that each item of Equipment remains at all times personal property and not a fixture under applicable law. Following delivery, Lessee shall bear all risk of loss, damage, destruction, theft and condemnation to or of such item of Equipment from any cause whatsoever (“Loss”). Lessee shall notify Lessor in writing within ten (10) days of any such Loss and upon notification of such Loss, Lessor shall have the right to recover the fair market value of such item of Equipment from Lessee, as reasonably determined by Lessor.

  • Delivery: Lessor shall deliver each item of Equipment to the Locations identified on Schedule I attached hereto. Lessor shall be responsible for all risk of loss associated with the initial delivery and installation of each item of Equipment at each Location.
  • Repairs and Maintenance: Lessee shall maintain and keep each item of Equipment: (a) in the same condition as when delivered to Lessee, ordinary wear and tear excepted; and (b) in compliance with the Lessor’s maintenance requirements, if any. If an item of Equipment damaged, destroyed or otherwise rendered unfit or unavailable for use after delivery, Lessor may either (i) repair the same or (ii) supply alternative Equipment in substitution thereof.
  • Use of Equipment and Units: Unless otherwise agreed by Lessor, Lessee shall solely and exclusively use the Units with the Equipment. Neither Lessee nor any of its affiliates or representatives shall authorize, direct or cause any Person to, directly or indirectly, use the Equipment to brew or process any products other than the Units purchased from Lessor.
  • Termination: This Agreement commences on the Effective Date and continues until expiration of the Term. Any provision that, in order to give proper effect to its intent, should survive the expiration or termination of this Agreement, shall survive the expiration or earlier termination of this Agreement.
  • Return of Equipment: Upon the termination of this Agreement, Lessee shall return all leased Equipment to Lessor in the condition and repair as when originally provided to Lessee, subject only to reasonable wear and tear. If necessary, Lessee shall permit Lessor access to each Location in order to allow Lessor to de-install, inspect, pack and/or remove each item of Equipment.
  • Remedies: If Lessee is in breach of any term of this Agreement and fails to cure such breach within ten (10) days after receipt of written notice, Lessor may, at the end of such cure period, in its sole discretion, exercise one or more of the following remedies: (a) terminate in whole or in part this Agreement; (b) take possession of, or render unusable, any item of Equipment, without demand or notice; (c) require Lessee to deliver any item of Equipment at a location designated by Lessor; or (d) exercise any other right or remedy available to Lessor at law or in equity.
  • Indemnity: Lessee shall defend, indemnify and forever hold Lessor and each of its’ respective officers, directors, shareholders, employees, agents, representatives, assigns and successors-in-interest (collectively, “Related Parties”) harmless from and against any and all claims, liabilities, penalties, losses, costs, damages, demands, actions, causes of action, suits, proceedings, judgments and expenses including, without limitation, amounts paid in settlement, attorneys’ fees, court costs and other legal expenses arising out of, connected with, and/or relating to any item of Equipment or any Units, including the use thereof by Lessee or its customers.
  • Confidentiality:
  1. Scope. During the Term, either Party (as the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving Party”) information about its business affairs, goods and services, confidential information and materials comprising or relating to intellectual property rights, trade secrets, third-party confidential information and other sensitive or proprietary information. Such information, as well as the terms of this Agreement, whether or not marked, designated or otherwise identified as “confidential,” is collectively referred to as “Confidential Information” hereunder. Notwithstanding the foregoing, Confidential Information includes information disclosed prior to the Effective Date with respect to the subject matter of this Agreement, and does not include information that, at the time of disclosure, and as established by documentary evidence, is or becomes generally available to and known by the public other than as a result of, directly or indirectly, any breach of this Section 10 by the Receiving Party or any of its Representatives.
  2. Protection. The Receiving Party shall, for two (2) years from disclosure of such Confidential Information: (a) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (c) not disclose any such Confidential Information to any Person, except to the Receiving Party’s Representatives who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. The Receiving Party shall be responsible for any breach of this Section 10 caused by any of its representatives. 
  • Acknowledgements; Disclaimer of Warranty; Limitations of Liability. 
  1. Disclaimer of Other Representations and Warranties; Non-Reliance. EXCEPT FOR ANY EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, (A) NEITHER LESSOR NOR ANY PERSON ON LESSOR’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, WITH RESPECT TO ANY ITEM OF EQUIPMENT OR UNITS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) LESSEE ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION OR WARRANTY MADE BY LESSOR, OR ANY OTHER PERSON ON LESSOR’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED ELSEWHERE IN THIS AGREEMENT.
  2. No Liability For Consequential or Indirect Damages. EXCEPT FOR DAMAGES ARISING FROM A BREACH OF CONFIDENTIALITY, IN NO EVENT SHALL EITHER PARTY OR ITS REPRESENTATIVES BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT OR ITS’ BREACH HEREOF, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  3. Maximum Liability For Damages. EXCEPT FOR DAMAGES ARISING FROM A BREACH OF CONFIDENTIALITY, IN NO EVENT SHALL LESSOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO LESSOR FOR UNITS IN THE SIX (6)-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
  4. Subscription length. IN THE EVENT A SUBSCRIPTION PLAN IS CHOSEN BY A CUSTOMER UPON CHECKOUT, THE MINIMUM NUMBER OF RE-ORDER REQUIRED BEFORE CANCELATION IS THREE (3).
  • Miscellaneous. This Agreement, including and together with the Schedules attached hereto, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings and agreements with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability does not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. No amendment to or rescission, termination or discharge of this Agreement is effective unless it is in writing and signed by each Party. No waiver under this Agreement is effective unless it is in writing and signed by the Party waiving its right. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either Party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the Parties or otherwise. Lessee acknowledges and agrees that, in addition to any and all other rights and remedies that may be available to Lessor at law, at equity or otherwise in respect of a breach of this Agreement by Lessee, Lessor shall be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance and any other relief that may be available from a court of competent jurisdiction, without any requirement to post a bond or other security, and without any requirement to prove actual damages or that monetary damages will not afford an adequate remedy. Lessee may not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Lessor. This Agreement, including all exhibits, schedules, attachments and appendices attached hereto and thereto, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the Laws of the State of California, without regard to the conflict of laws provisions thereof. Each Party irrevocably and unconditionally agrees that it shall not commence any action, litigation or proceeding of any kind whatsoever against the other Party in any forum other than the state and federal courts in Los Angeles County, CA. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation or proceeding only in the state or federal courts in Los Angeles County, CA. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement. This Agreement has been executed in the English language which shall be the binding and controlling language for all matters. 

//END OF STANDARD TERMS AND CONDITIONS//

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