EJ's Vending - Terms and Conditions

Welcome to EJ's Vending. These Terms and Conditions ("Terms") govern the partnership between EJ's Vending ("we," "our," "us") and the Client ("you," "your") for the placement, servicing, and operation of vending machines at your designated location within the Chicagoland area. By accepting our service proposal, you agree to be bound by these terms.

 

1. Partnership Agreement

This agreement constitutes a non-exclusive partnership for vending services. EJ's Vending will provide, install, stock, maintain, and service vending equipment at the agreed-upon location(s) at no upfront cost to the Client.

 

2. Client Responsibilities

The Client agrees to:

*   Provide a secure, level, indoor location with adequate space and a standard 110V electrical outlet for machine operation.

*   Ensure the machine is accessible for our service representatives during normal business hours for restocking and maintenance.

*   Notify EJ's Vending immediately of any damage, malfunction, or needed service.

*   Provide a safe working environment free from hazards for our personnel.

 

3. EJ's Vending Responsibilities

We agree to:

*   Provide and install modern, clean, and fully operational vending equipment.

*   Maintain and service the machine regularly to ensure optimal operation and product freshness.

*   Stock the machine with a commercially reasonable mix of snacks, beverages, and essential items, which may be tailored based on location performance and Client requests.

*   Carry appropriate liability insurance for our operations.

 

4. Electricity Reimbursement

As part of our service, EJ's Vending will reimburse the Client for the estimated electricity consumption of our equipment. This reimbursement will be calculated based on the machine's rated power consumption, 24/7 operational hours, and a fixed rate reflective of Chicagoland commercial averages. The guaranteed minimum monthly reimbursement will be specified in the Service Proposal. This reimbursement will be issued as a direct deduction from any commission owed or as a separate payment, at our discretion.

 

5. Product Pricing & Revenue Sharing

* Pricing: EJ's Vending retains sole discretion to set retail prices for all items. Prices will be clearly displayed on the machine.

* Commission (If Applicable): For qualifying locations, a commission may be offered as outlined in a separate Service Proposal. Any commission, minus the electricity reimbursement, will be paid quarterly via check or electronic transfer.

 

6. Term & Termination

* Initial Term: This agreement shall have an initial term of thirty-six (36) months from the installation date.

* Renewal: The agreement will automatically renew for successive one (1)-year terms unless either party provides written notice of non-renewal at least sixty (60) days prior to the end of the current term.

* Termination for Cause: Either party may terminate this agreement with thirty (30) days' written notice for a material breach by the other party that remains uncured. EJ's Vending may terminate immediately for repeated vandalism, theft, or unsafe conditions at the location.

* Removal upon Termination: Upon termination, EJ's Vending will have thirty (30) days to remove its equipment. The Client agrees to provide reasonable access for this removal.

 

 7. Liability & Indemnification

*   EJ's Vending is not liable for any personal injury or property damage arising from the misuse of the equipment or consumption of products, except where directly caused by our gross negligence.

*   The Client agrees to indemnify and hold harmless EJ's Vending from any claims arising from the Client's negligence or the condition of the Client's premises.

*   EJ's Vending is not responsible for loss or damage to its equipment due to fire, flood, theft, vandalism, or other acts beyond our reasonable control.

 

8. Machine Ownership & Damage

*   All vending machines and related equipment remain the sole property of EJ's Vending.

*   The Client is responsible for any damage to the machine caused by the Client, its employees, visitors, or agents, beyond normal wear and tear. Costs for repair or replacement will be invoiced to the Client.

 

9. Changes to Terms

EJ's Vending reserves the right to modify these Terms and Conditions at any time. Material changes will be communicated to the Client in writing via the primary contact email provided. Continued use of our services constitutes acceptance of the updated Terms.

10. Governing Law & Dispute Resolution

This agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Any dispute arising from this agreement shall be resolved through good-faith negotiation. If unresolved, the parties agree to mediation in Cook County, Illinois, before pursuing any other legal action.

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