Credit/Debit Card Payments
If Purchaser chooses to pay for the purchase of machines(s) and product(s) (hereinafter collectively referred to as the “merchandise”) with a credit/debit card, Purchaser agrees, where allowed by merchant network and consumer rules, that Purchaser will not stop or reverse a credit/debit card transaction (hereinafter referred to as “chargeback”) without the written consent of Seller. If a chargeback is filed and moneys are refunded to Purchaser, Purchaser shall immediately return the merchandise to Seller and pay any and all return fees in accordance with the terms of this Agreement.
If Purchaser files a chargeback without Seller’s consent in writing, Purchaser understands, agrees and acknowledges that this contract along with any other credit/debit card payment agreement shall be sufficient proof, and the only proof needed, by Seller to Purchaser’s card issuer in order to reinstate the credit/debit card purchase payable to Seller together with any and all fees and costs, including, but not limited to the fees resulting from the subject chargeback in addition to the previously authorized charges and fees and costs incurred by Seller as a result of the chargeback or due further to Purchaser’s actions or inactions.
Any amounts owed by Purchaser under this Agreement that are not paid when due shall bear interest, from the time the payment was due until the time paid, at a rate per annum compounded annually, equal to one and a half percent (1.5%) per month.
Date of Purchase
The date of purchase is defined as the date the purchase agreement was signed by both parties. If no purchase agreement was signed, then it would be the date in which an initial payment was made on the order.
Refund/Replacement for Merchandise
The purchaser has up to 14 days from the date of purchase to cancel the order for any reason. The refundable amount shall equal the original purchase price, minus the original shipping fee, minus the return shipping fee, and minus and a handling and restocking fee of 20% of the total order. Prior to returning any merchandise, Purchaser must contact Seller at 719-392-5200 or email@example.com. Seller will refuse any collect shipment.
If the merchandise was damaged during shipping, Purchaser has the right to refuse the delivery, and Purchaser will not incur any return shipping charges or handling and restocking fees. However, if Purchaser accepts the merchandise and does not note any specific damage(s) on the freight bill, then the merchandise can not be returned without incurring the return shipping charges and handling and restocking fees mentioned in the above paragraph.
Repair or replacement of proven defective parts is covered only during the warranty period as shown below. Seller will pay to ship replacement parts using the most cost-effective shipping method. If the Purchaser requires an express shipment, that cost will be incurred by the Purchaser. Purchaser must return the defective machine or part at their expense prior to receiving a repaired or replacement machine or part, as determined by Seller, in Seller’s sole, absolute discretion. In the alternative, Purchaser may pay a refundable “core charge” and have the replacement machine or part shipped prior to returning the defective one to Seller. Once the defective machine or part has been received and inspected by Seller, then the core charge will be refunded to Purchaser.
Under no circumstance does the limited warranty allow the purchaser to return the machine for a full refund or replacement. The warranty also does not cover any labor required by the purchaser or his/ her contractors which may be needed for repair of the machines. The warranty does not cover any loss of goods which may have spoiled from the vending machine not operating correctly. The warranty will not cover any loss of income which may have been realized when the machine was operating. This warranty covers only the original Purchaser and is non-transferable.
- Limited Warranty for New Merchandise. All the new machines are sold with a one-year warranty for defects in material and factory workmanship effective from the date of purchase.
- Limited Warranty for Pre-Owned Merchandise. All pre-owned (refurbished) machines are sold with a three-month warranty for defects in material effective from the date of purchase. Repair or replacement of proven defective parts is covered only during the warranty period.
- Limited Warranty on purchases of vending parts. All purchases of parts are sold with a 30-day warranty for defects in material effective from the date of purchase. Repair or replacement of proven defective parts is covered only during the warranty period.
- New Machines: All new machines will be in good working condition and will not have any major cosmetic deficiencies. Minor scratches or rub marks may occur from time to time as new machines are moved and transported, but such scratches and/or rub marks are not considered defects if they do not impair the operation of the machine. Seller reserves the right to make changes to the merchandise design/specifications. The merchandise, as shown on Seller’s website, may slightly differ from the merchandise being shipped to Purchaser. Such changes or differences do not entitle Purchaser to corresponding changes, improvements, additions or replacements unless specifically stated and agreed upon by the parties otherwise herein.
- Pre-Owned Machines: All pre-owned (refurbished) machines will be in good working condition but may have scratches, dents, or other cosmetic deficiencies on the exterior which do not impair the operation of the machine. Purchaser may request photographs of the actual machine to verify its condition prior to it being shipped out.
- Warranty Exclusions: The warranty will not cover replacement of parts due to, but not limited to vandalism, theft, fire, flooding, being placed outside, or by Purchaser’s negligence. The warranty will be voided if any person alters, modifies, tampers with, leaves the merchandise outside, or vandalizes the equipment without proper training and instructions from the Seller.
THE WARRANTY CONTAINED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. PURCHASER ACKNOWLEDGES AND AGREES THAT EXCEPT AS SPECIFICALLY SET FORTH HEREIN TO THE CONTRARY, SELLER HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING, OR WITH RESPECT TO MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE MERCHANDISE, AND THE INCOME TO BE DERIVED FROM THE MERCHANDISE. UNDER NO CIRCUMSTANCES SHALL SELLER BEAR ANY RESPONSIBILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL LOSSES, DAMAGES OR EXPENSES. Seller neither assumes nor authorizes any person to assume for it any obligation or liability in connection with the sale of said merchandise or any part(s) thereof.
All machines and parts purchased directly from the Seller will receive a lifetime of limited technical support and training. The initial training is available in person or via video conferencing, whatever is easiest for the Purchaser. Technical support is also available in person, through the phone, email, or video conferencing. The combined support and training will last for as long as the original purchaser owns the machine. However, it is limited to a maximum of six hours per machine purchased. Support and training may be provided to those who are not the original owner at an additional expense.
When technical assistance is needed, the Purchaser must first reference the owner’s manual and the tutorials which are accessed on the Seller’s wiki website. If the Purchaser requires additional assistance, they may contact the Seller’s support desk via email, telephone, or through the wiki support website by submitting a ticket. Technicians will respond typically within 1 business day during normal business hours. Their time will be tracked and deducted from the Purchaser’s 6 hours of allotted time.
The Purchaser must be at the machine with the keys to the machine and be willing and able to use simple tools such as but not limited to a screw driver, meter reader, a drill, or rachet set. The Purchaser may be required to take pictures or utilize a video conferencing app directly from the Purchaser’s cell phone, or other electronic device.
If the six hours of support is exhausted and additional support is needed, the Purchaser may purchase additional hours of support at an hourly rate or package deal.
If the Purchaser is unable to provide the labor necessary to repair the machine, they may choose any of the following options:
- Hire a local technician. The Purchaser may hire at their expense a 3rd party technician, the Purchaser will take full responsibility for their competence and the Seller will not be liable for damages performed through their negligence. The Seller will work from their office remotely helping to assist the technician who is on-site at the vending machine. Time will be tracked and deducted from the allotted hours.
- Ship the machine to the Seller. The Purchaser may package and return the machine at their expense to the Seller where the Seller’s technicians perform the needed repair on the machine. Labor performed on the repair including packaging and unpackaging would be deducted from the Purchasers allotted hours.
- Dispatch the Seller’s Technician to the Remote Site. The Purchaser may request one of the Seller’s in-house technicians to travel to the site where the machine is located and perform the needed repair. All travel expenses and labor, including per diem costs would be paid for by the Purchaser. Acceptance of this request is at the Seller’s discretion.
All delivery dates given to the Purchaser, whether in writing or verbally, are just estimates. Delays in delivery are subject to reasonable manufacturing and shipping delays. Seller will not be held liable for delays in shipping due to war, civil unrest, acts of God, and any other unforeseen circumstances beyond the control of the Seller.
All items are shipped F.O.B. destination, which designates that Seller shall pay any and all shipping costs and remain responsible for the merchandise until Purchaser or Purchaser’s agent takes possession of the goods, unless items are shipped factory direct. With an F.O.B. destination shipment, title of the merchandise passes to Purchaser upon delivery and acceptance of the goods from the carrier. Purchaser must examine the merchandise before signing the carrier’s freight bill.
If any merchandise is received damaged, or features are missing from the order, Purchaser shall itemize the damage(s) on the freight bill and immediately notify Seller of the damage(s). The shipping carrier and Seller will not be held responsible for damage not noted on the freight bill when Purchaser or Purchaser’s agent signed for it. Seller will not be held responsible for any losses which may occur from improper use and handling of the merchandise after the merchandise has been delivered to and signed for by Purchaser or Purchaser’s agent.
If any shortages occur, Purchaser shall notify Seller immediately, as shortage claims will not be considered unless made in writing within 14 days of delivery. Should shipment be delayed through no act or fault of Seller, either by weather, fire, act of God, or other interruptions in normal supply beyond the control of the Seller, then Purchaser shall not hold Seller responsible for delivery delays.
Seller will do their best to ensure the product ordered is exactly as advertised and invoiced. If discrepancies occur in the order, it is the Purchaser’s responsibility to inform the Seller immediately. Seller shall immediately send replacement parts at their expense if parts were missing on the merchandise. If Purchaser requires an express shipment, the Purchaser must pay the difference for an express shipment. Labor required to install parts or modify the merchandise will not be provided by the Seller. Seller will not provide compensation for lost revenue or delays related to order discrepancies. This section does not apply to custom machines which need further adjustment to fit Purchaser’s unique product line. Reference the section entitled “Custom Interior Configuration” for machines that need additional configuring.
With an F.O.B. destination shipment, all shipments are insured by Seller. If merchandise is damaged during delivery, Seller will repair or replace the damaged merchandise, as applicable, for free, provide entirely new merchandise, or reimburse Purchaser for the damaged portion of the order if necessary. However, it is the responsibility of Purchaser to document on the shipping carrier’s freight bill any and all damage(s) to the packaging and/or merchandise prior to signing the freight bill.
Custom Interior Configuration
If custom configuration is included on the invoice, then the machines will come with the ability to be customized for to fit the Purchaser’s specific product. The Purchaser must communicate to the Seller including providing samples and dimensions for specific products before the machine ships. The Purchaser and Seller or their agents would work together emailing product mapping back and forth in order to obtain the desired planogram (map). This coordination would take up to, but not exceed 8 hours of the Seller’s time. Seller will make every effort to configure the machine to properly vend items provided by Purchaser. Seller makes no guarantee that the custom interior configuration will be able to accommodate all products provided by Purchaser. Purchaser understands that additional configuration changes may be necessary to allow proper vending of products in order to account for conditions that could not be tested by the Seller, such as a fully stocked machine or products that were not physically tested by the Seller. Such reconfiguration would be handled by the Purchaser.
Purchaser has the responsibility to determine if their products will vend satisfactorily prior to accepting delivery of the Merchandise. If the Purchaser needs the machine reconfigured after it has already shipped, then the Purchaser would be responsible for making the necessary changes and purchasing additional parts as necessary. The time spent by Seller to assist in reconfiguring the machine would be considered technical support and be deducted from the allotted technical support hours.
Seller reserves the right to decline to customize the interior of the machine for vending of any illegal, immoral, or dangerous products. This includes CBD products which contain more than .3% THC including Delta 8 products. Additional products which are not supported include vape products, tobacco, alcoholic products, and sex toys. Seller reserves the right to add additional products to the unsupported list at their sole discretion.
If custom graphics design is included on the invoice, then the machines will come with the ability to customize the exterior graphics, also known as the “wrap” which is a latex vinyl with lamination for added protection. The Purchaser must communicate to the Seller and provide the necessary high quality, digital logos, branding, pictures, colors, etc. for the Seller to design the wrap to the Purchaser’s needs. Exact Color calibration and matching is not provided. The Purchaser and Seller or their agents would work together emailing concepts and designs back and forth in order to obtain the desired results. This coordination would take up to, but not exceed 8 hours of the Seller’s time. The Seller would keep the digital graphics on file for the purchaser for up to 2 years. The purchaser could use this design for future vending machines that they acquire from the seller. The digital files would remain the property of the Seller and would not be released to the Purchaser. Seller reserves the right to decline to customize the exterior of the machine for the vending of any illegal, immoral, or dangerous products. Images, messages, or products that are racist, offensive, show nudity, or are sexually suggestive will also be rejected. Images of all products mentioned in the Custom Interior Customization section will also be rejected. Seller reserves the right to add additional images / messages to the unsupported list at their sole discretion.
Third Party Contractors
- Seller is not a partner, nor does it have any association or relationship with vending locating companies. Seller shall not be liable for any issues that may arise with locating or placement or position of any of the machines.
- Seller is not a partner, nor does it have any association or relationship with shipping companies. Seller shall not be liable for any lost or damaged merchandise after the merchandise has been signed for by the Purchaser or their agent.
- Seller is not a partner, nor does it have any association with credit card reader companies including Nayax or Cantaloupe. Warranties and support for the credit card reader is covered by the card reader company. The purchaser must sign up for an account and pay the associated fees to the credit card company in order to activate the credit card reader. Seller will not be held liable for delays in activation or malfunctions of the credit card reader.
- Seller is associated with the Age Verification company Identivend. Seller will not be responsible for any issues that may arise from age verification devices and software but will offer technical support.
Age Verification Technology
The machines do NOT have equipment that is proven to track or verify the customer’s age. The Seller is not including any promises that age verification will be available on future machines or as an upgrade to existing machines. If the existing machines purchased under this contract are upgraded in the future with age restriction equipment, the Seller will not be held liable for any malfunctions of the age restriction software or hardware. The responsibility of verifying age of end users rests solely on the Purchaser. The seller makes no warranties as to the accuracy or reliability of age verification.
The machines WILL be able to verify the customer’s age prior to the customer purchasing product from the machine. The purchaser must activate this software through a 3rd party license and contract which will require a fee to verify each customer’s age prior to completing the individual sales. The responsibility of verifying age of end users rests solely on the Purchaser. The seller makes no warranties as to the accuracy or reliability of age verification since it relies on third party sources which are not controlled by the seller.
The Seller makes no guarantees as to the compliance of the machines with any standards or regulations. It is the Purchasers responsibility to render the machines compliant with any rules, statutes, ordinances, regulatory schemes, or codes associated with vending in the jurisdiction where the Purchaser wishes to install the machines. Further the Seller is not responsible for any taxes, weights and measures restrictions, or violations of any Federal, State, or Municipal codes or regulatory schemes and Purchaser agrees to hold harmless Seller for any alleged violations of the same.
Purchaser agrees to hold harmless Seller for any damages caused by improper placement, securing, orienting, installation or use of any aftermarket or third-party software, hardware, and/or programing, or positioning of the machine. Purchaser agrees to hold harmless Seller for any damage caused by items vended by the machine. Purchaser agrees not to employ the machine in a prohibited location or for any prohibited use. Purchaser agrees to hold harmless Seller in any dispute arising from transactions surrounding the vending of the machine to include credit or debit card disputes and vending products liability suits. It is the sole responsibility of the Purchaser to ensure that the machines comply with all laws, ordinances, regulations, health and safety protocols or codes. While Seller may provide information to Purchaser this information does not represent a new agreement, license, or contract and Seller makes no guarantees as to the success of any placement or vending advice or decisions.
Default, Venue and Jurisdiction
In the event Seller is required to institute any legal proceedings, including but not limited to a collection proceeding, Purchaser agrees to pay for any and all reasonable fees and costs incurred by Seller during such proceeding(s), including, but not limited to attorneys’ fees, arbitrators’ fees, process server fees, or expert fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Purchaser further consents that any action pertaining to the terms of this Agreement shall be under the laws of the State of Colorado without regard to conflict of law principals. Both Purchaser and Seller acknowledge and submit to the exclusive venue of El Paso County, State of Colorado for any action arising out of or related to this Agreement.
The parties agree to submit to arbitration any dispute or controversy of any nature arising out of or relating to the interpretation or application of this Agreement, except any and all foreclosure or auction proceedings in accordance with the terms of the Security Agreement. Arbitration shall be conducted in Colorado Springs, Colorado in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except as modified herein, and a judgment upon the Award may be entered in any court having jurisdiction thereof. The arbitrator may be agreed upon by the parties. If no agreement is made each side shall select an arbitrator and those arbitrators will together select a third arbitrator to hear the matter. The arbitrator may grant such relief as may be deemed just and may assess the following expenses in favor of Seller, including, but not limited to arbitrators’ fees, process server fees, administrative fees, costs & expenses, expert fees, and attorneys’ fees.
This Agreement including the attached Addendums contains the entire agreement between the parties related to the subject matter herein and supersedes all previous oral agreements or statements in writing with respect thereto. There are no other understandings or agreements, verbal or otherwise in relation thereto, between the parties except as herein expressly set forth.
This Agreement shall not be amended, supplemented or modified except by an instrument in writing signed by all parties.
If any of the terms of this agreement conflict with any of the attached addendum every attempt shall be made to read them together. If a conflict persists, then the terms of this agreement shall control. If any provision of this Agreement shall be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.
EXHIBIT A- SECURITY AGREEMENT
Accordingly, in consideration of the mutual covenants contained herein and in the Vending Machine Purchase Agreement, the parties agree as follows:
(1) Security. Debtor (Purchaser in the Vending Machine Purchase Agreement) grants to Secured Party (Seller in the Vending Machine Purchase Agreement), as and for security for the Vending Machine Purchase Agreement, the Collateral:
Vending machines / parts which were purchased from Discount Vending Store and stored at The Discount Vending Store until the Purchaser is ready for them to be delivered.
(2) Representations and Warranties of Debtor. Debtor hereby represents and warrants to Secured Party that it will promptly pay and perform all of its obligations under the Vending Machine Purchase Agreement. Debtor will promptly pay all taxes and assessments of every nature which may be levied or assessed against the Collateral or any products dispensed from the Collateral.
(3) Default. Debtor shall be in default under this Agreement upon the happening of any of the following events or conditions:
(a) default in the payment or performance of any obligation, covenant, or liability contained or referred to herein or in the Vending Machine Purchase Agreement, subject to any applicable grace period; or
(b) the dissolution or termination of existence of Debtor, the appointment of a receiver for all or any material portion of the property of Debtor, the making of an assignment for the benefit of creditors by Debtor, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Debtor while Secured Party is still in possession of the Collateral; or
(c) loss, theft, damage, destruction, sale or encumbrance to or of any of the Collateral, or the making of any levy, seizure or attachment thereof or thereon while Secured Party is still in possession of the Collateral.
Upon such default, and at any time, thereafter, Secured Party may declare all obligations secured thereby immediately due and payable and shall have the remedies of a secured party under Article 9 of the Colorado Uniform Commercial Code. Expenses of retaking, holding, preparing for sale, selling, or the like shall include Secured Party’s reasonable attorneys’ fees and legal expenses. Any notice required to be given in connection with any sale or other disposition of the collateral shall be deemed reasonable if given not less than 10 days prior to the occurrence of the event of which notice is required.
(a) no waiver by Secured Party of any default shall operate as a waiver of any other default or of the same default on a future occasion. The taking of this Agreement shall not waive or impair any other security said Secured Party may have or hereafter acquire for the payment of the indebtedness owed by Debtor to Secured Party, nor shall the taking of any such additional security waive or impair this Agreement; but said Secured Party may resort to any security it may have in the order it may deem proper, and notwithstanding any collateral security, Secured Party shall retain its rights of set-off against Debtor.
(b) all rights of Secured Party hereunder shall inure to the benefit of Secured Party’s successors and assigns; and all promises, and duties of Debtor shall bind Debtor’s heirs, executors, administrators, successors and/or assigns. In the case of more than one Debtor, the liabilities of Debtor hereunder are joint and several.
(c) Debtor specifically authorizes Secured Party to file one or more U.C.C. financing statements, renew the same as necessary, and take any other actions, all without Debtor’s signature thereon, as Secured Party deems necessary to perfect Secured Party’s interest in the Collateral.
(d) this Agreement shall be governed in all respects by the laws of the State of Colorado. Debtor further consents that any action pertaining to the terms of this Agreement shall be under the laws of the State of Colorado without regard to conflict of law principals. Both Debtor and Secured Party acknowledge and submit to the exclusive venue of El Paso County, State of Colorado for any action arising out of or related to this Agreement. No failure by any party to insist upon strict performance of any term or condition hereof, or to exercise any right or remedy hereunder, shall constitute a waiver of that term, condition, right or remedy on that or any other occasion. This Agreement may be modified, and any right hereunder may be waived, only in an instrument in writing signed by the party charged with such amendment of waiver. Secured Party shall be entitled to recover in addition to any other relief awarded, its reasonable attorneys’ fees and other costs of preparing for and participating in debt collection, arbitration, or litigation.
The Discount Vending Store has always been committed to maintaining the accuracy, confidentiality, and security of your personal and corporate information. We have established Privacy Principles to govern our use of customer information. The Discount Vending Store does not sell, share, or distribute Customer Information to any third-party organization. The Discount Vending Store is responsible for maintaining and protecting customer information under its control. The purposes for which customer information is collected shall be identified before or at the time the information is collected. The knowledge and consent of the customer are required for the collection, use, or disclosure of customer information except where required or permitted by law. The customer information collected must be limited to those details necessary for the purposes identified by The Discount Vending Store. Information must be collected by fair and lawful means. Customer information may only be used or disclosed for the purpose for which it was collected unless the customer has otherwise consented, or when it is required or permitted by law. Customer information may only be retained for the period of time required to fulfill the purpose for which it was collected. Customer information must be maintained in as accurate, complete, and up-to-date form as is necessary to fulfill the purposes for which it is to be used. Customer information must be protected by security safeguards that are appropriate to the sensitivity level of the information. The Discount Vending Store is required to make information available to customers concerning the policies and practices that apply to the management of their information. Upon request, a customer shall be informed of the existence, use, and disclosure of their information, and shall be given access to it. Customers may verify the accuracy and completeness of their information, and may request that it be amended, if appropriate. Customers may direct any questions or inquiries with respect to the privacy principles outlined above or about our practices by contacting the designated person(s) accountable for privacy at The Discount Vending Store.
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