Equipment Installation Agreement

EQUIPMENT INSTALLATION AGREEMENT

 

BETWEEN: CANTERBURY COFFEE CORPORATION (CCC)

AND: THE CUSTOMER

(AS NAMED ON THE FACE OF THIS DOCUMENT)

 

The CUSTOMER acknowledges receipt of the “on loan” equipment noted on the face hereof from CCC.

CCC has installed the equipment listed as “on loan” on the face of this document at the noted location for the use of the CUSTOMER and undertakes to service the equipment without charge to the CUSTOMER (replacement decanters not included) during the term of this agreement.  This agreement presupposes monthly purchases of and exclusive use of coffee and other related supplies from CCC, by the CUSTOMER.  The CUSTOMER acknowledges that CCC herewith reserves the right to cancel this agreement, with notice as described below by reason of insufficient purchases of supplies from CCC or by reason of any other factors deemed to adversely affect delivery and servicing costs.  The CUSTOMER further acknowledges that breach of the terms and conditions of this agreement, including use of an alternate supplier’s coffee product shall be sufficient cause for termination of this agreement.

The above noted on loan equipment is and remains the exclusive property of CCC.  The agreement shall not be construed to in any way represent a conveyance of ownership of the equipment so specified to the CUSTOMER.  The equipment shall not be moved/removed from the installation location noted on the face hereof without the express, prior, written consent of CCC.  The customer agrees to allow CCC representatives access to (it/his/her) premises during normal working hours to clean, inspect, service, exchange or remove its equipment in accordance with this agreement.

The CUSTOMER shall maintain ALL_RISK insurance coverages over the equipment until the equipment is returned to CCC and agrees that (it/he/she) remain fully responsible for the equipment in the event of damage or loss from whatsoever cause and furthermore, acknowledges responsibility for the replacement or restoration of the equipment to satisfactory working condition (normal wear and tear excepted).  The CUSTOMER agrees to indemnity and hold CCC, its representatives or agents harmless from and against any and all losses, damages, injuries, claims, demands and expenses, arising from or caused directly or indirectly by actual or alleged use, possession, maintenance, condition (latent or discoverable), operation, delivery or transportation of any item of equipment.

This agreement shall be binding upon both parties, their heirs, successors, and assigns and shall remain in full force and effect for as long as the equipment remains in the possession of the CUSTOMER or until termination based on notice, whichever is the later.  The parties agree to provide each other with at least one day’s written notice of cancellation/termination.  Notice is to be delivered to the respective parties premises/addresses noted herein.  Written notice having been provided, the equipment shall be returned forthwith to CCC possession in the same condition as when it was installed, normal wear and tear excepted.

 

THIS AGREEMENT FORMS AND INTEGRAL PART OF THE FACE OF THIS DOCUMENT.