EQUIPMENT LOAN USE AGREEMENT TERMS AND CONDITIONS
Espresso Techs agrees to provide Equipment.
EQUIPMENT LOANS & MAINTENANCE / SERVICES ARE DEFINED AS FOLLOWS:
1. ESPRESSO TECHS, will provide as part of this agreement a comprehensive preventative
maintenance program as out- lined on the reverse of this document. This agreement shall automatically be terminated and ESPRESSO TECHS, shall not be responsible under provisions herein if the equipment or systems related to equipment are moved, or serviced during the term of this agreement by any person (s) other than Employees’ or agents of ESPRESSO TECHS
A. EQUIPMENT LOAN & MAINTENANCE SERVICES
Equipment Maintenance Services will consist of those routine maintenance services required to keep the equipment in proper operating condition in accordance with the procedures and frequency intervals recommended in the manufacturer’s published specifications and outlined in the plan chosen in this contract.
B. INTERIM SERVICES: Interim Services will consist of all services necessary to restore non-operational equipment to operational status and may include, but are not limited to, diagnostic fault isolation, module repair or replacement, adjustment, and testing.
C. REPLACEMENT PARTS / IF CONTRACT DICTATES: Espresso Techs, will provide replacement parts.
as/if required to provide maintenance services as defined. Espresso Techs warrants that all replacement parts will be of the same type and comparable quality as the replaced parts, and that such parts will be in good operating condition at the time of replacement. Parts removed from the equipment and replaced in performing maintenance services will become the property of Espresso Techs
2. HOURS OF SERVICE
Routine Service Requests (R-MASR) shall generally be available during the normal working hours of 8:00 A.M. to 4:00 P.M., local time (PST), Monday through Friday, excluding holidays recognized by Espresso Techs Emergency Service Requests (E-MASR) at other hours, will be available only as mutually agreed upon and will be charged at Espresso Techs, current overtime and/or holiday rates.
3. EQUIPMENT CONDITION
It is understood that the equipment covered by this agreement is in good condition on the date the agreement becomes effective. Good condition is defined as a proper operating condition, without any unauthorized modifications, and all safety features in working condition, in accordance with manufacturers’ product performance specifications. Equipment not in good condition will not be accepted for Equipment Maintenance Agreement. In such event, necessary repairs or overhauls will be made at current established rates and shall be in addition to Equipment Maintenance Agreement
rates.
4. SERVICE LIMITATIONS
Espresso Techs shall not be obligated to provide maintenance services for any of the reasons below. Espresso Techs may however elect to perform these services at customers’ request as other demanded services are chargeable.
A. MISUSE OF EQUIPMENT:
Services and parts necessitated by Customers’ failure to use the equipment in a normal, ordinary, and routine manner as intended and/or recommended by Espresso Techs, or the equipment manufacturer.
B. CASUALTY LOSSES:
Damage to the equipment caused by accident, fire, water, lighting, wind, explosion, or other incident or casualty causing damage.
C. NON-ESPRESSO TECHS, REPAIR/MODIFICATIONS:
Service, repair, or replacement of equipment, parts, or attachments, or any modification to it performed by anyone other than an authorized Espresso Techs, service representative(s).
D. POWER SOURCE FAILURE:
Power source failures.
E. WATER TREATMENT:
Failure of water treatment equipment for any reason.
5. TERMS
This agreement shall become effective on the date accepted by Espresso Techs, and remain in effect for as long as requested, provided that after the end of any prepaid period, the continuance of this agreement shall be at Espresso Techs’ then-current rates. In addition, all services under this agreement are subject to interruption without notice if any payment is not made when due.
6. PAYMENT TERMS
All fees plus applicable taxes are payable per invoice terms. Payment is due upon receipt of the invoice.
Price remains effective for the prepaid period shown on the invoice.
7. EXCUSABLE DELAYS
Espresso Techs, shall not be responsible for any delays in rendering service or making repairs hereunder occasioned by labor disputes, strikes, riots, fire, floods, accidents, transportation delays, acts of God, acts of government, or for any other causes beyond its control, including but not limited to delays in servicing or repair of equipment requiring replacement of any part or parts at a time when such part or parts are not available in ESPRESSO TECHS’S stock or when the distributor of such equipment or parts is closed for business or out of stock of such part or parts.
8. KEY OPERATOR
The Customer is responsible for assigning a “KEY” operator to the equipment, where applicable, who will be responsible for performing regular operator care and adjustments. Emergency calls caused by non-performance of regular operator care and adjustment procedures will be charged to the Customer at the current hourly rates.
9. INDEMNIFICATION
The Customer agrees to indemnify Espresso Techs, and hold Espresso Techs, harmless for all claims for injury or damages (including death) arising or resulting from the use, handling, or storage of the serviced Equipment, water treatment equipment, or accessories while on the premises or in possession of the Customer. The customer agrees that Espresso Techs makes no warranties with respect to Equipment, water treatment equipment, or accessories. Espresso Techs expressly disclaims the implied warranties or merchantability and fitness for a particular purpose. Espresso Techs shall not be liable for any direct, indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory.
10. ENTIRE AGREEMENT
This agreement consists only of this equipment maintenance agreement including additional provisions and agreed upon in writing, payment and handling terms set forth on the Espresso Techs, invoice applicable to maintenance services, and supersedes all other agreements or representations, oral or written. No terms or conditions may be included or deleted without the express written consent of Espresso Techs
11. LIMITATION OF LIABILITY
No other warranty, expressed or implied, shall apply to the parts and services provided under this Agreement, including any warranty of merchantability or fitness for a particular purpose, which is expressly disclaimed. In no event will Espresso Techs, be liable for any special, direct, indirect, incidental, or consequential damages of any kind, including without limitation, loss of use, loss of profits, or liability to a third party caused; whether by the negligence of Espresso Techs or otherwise.
