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KEGSMART
LLC RENTAL AGREEMENT
THIS INTENDED TO BE A LEGALLY BINDING CONTRACT, INCLUDING THE
SPECIFIC AND GENERAL TERMS DESCRIBED BELOW AND CONSISTING OF THREE PAGES. IF NOT UNDERSTOOD, LESEE (S) IS ADVISED TO
SEEK THE ADVICE OF COMPETENT LEGAL COUNSEL.
PARTIES:
:The address
of the Lessor, for purposes of service process, notices and demands is KEGSMART LLC (1301 Yellow Pine ave. Boudler, Co. 80302). The KegSmart Distributor responsible for the
delivery of the kegerator is hereinafter know as "Lessor" AND the
individual on the KegSmart account hereinafter know as "Lessee(s)" agree as follows:
SPECIFIC
TERMS:
INTENT: The Lessee(s) hereby agree to lease the
'kegerator" described as beverage dispenser in the city and state listed
on KegSmart account.
LOCATION: The Lessee agrees to permanently locate, store and
keep the "kegerator" at the following location described as the
“shipping address” for the account. At
no times, under any exception shall the kegerator be located at any physical
address other than the one described above.
If the kegerator is found to be anywhere other than the stated address,
than the Lessee(s) agrees to forfeit the kegerator as well as any monies
collected for security deposit and agrees this agreement is no longer
enforceable once the kegerator has been repossessed.
TERM
OF LEASE:
This agreement shall begin when the kegerator is delivered after an order for a
kegerator rental or draft equipment rental has been placed on www.kegsmart.com
at which time Lessee(s) shall be entitled possession of the
"kegerator".
FIXED
TERM lease (rent) for a period of specified in the online order. A fixed term
lease terminates upon the expiration of the agreed upon terms, subject to the
Holdover, Default and Termination provisions of this agreement.
This
agreement shall terminate on the date that is the amount of time after the
specified time on the kegerator rental order placed on www.kegsmart.com from
the delivery date, at which time lessee shall
return the kegerator to the Lessor in the condition it was originally received
including all of the draft beer equipment.
PAYMENT
TERMS: The Lessee(s) agrees to pay
Lessor the amounts set out as follows
First
Month's Rent:$specified in
the rental order, collected UPFRONT upon entry into this agreement and before
delivery
Security
Deposit:$specified in the
rental order, collected UPFRONT upon entry into this agreement and before
delivery
Monthly
Rental:$specified in
the rental order, on the 6th day of each month hereafter
Late
Charges in addition to the monthly rental fee:
$30 if monthly rent is not paid by midnight of the 6th
day of the month, days thereafter are $5/day up to $50/month.
$35 if CC on file has expired/declined /been cancelled and is not updated on the account with
www.kegsmart.com
PARTS: All parts and equipment
delivered with the kegerator are the obligation of the Lessee(s).
LIABILITY: It is understood by the
Lessee(s) that the Lessor can in no way be held liable for any incidents
relating to the operation of the "kegerator". Lessee(s) understand that the operation and
use of the "kegerator" is at their own risk, and will assume all
liability arising from the use of the "kegerator". Any incidents relating to the consumption of
alcohol dispensed by the "kegerator" is in no way the fault of the
Lessor. The Lessee(s) agree by signing
this agreement they are responsible for who consumes any beverage out of the
"kegerator" and their actions.
It is directly understood that KegSmart LLC, www.kegsmart.com, or
College Kegerators LLC, will not be liable for any negligence resulting from
any use of the "kegerator".
The Lessee(s) agree to use the "kegerator" at their own risk
and is aware that they are solely liable for dispensing alcohol to any
persons. By signing this agreement the
Lessee waives any right to hold the Lessor responsible for any actions,
incidents, events or even deaths related to the "kegerator" leased in
this agreement.
SECURITY
DEPOSITS:
Lessee(s) agrees to pay concurrent with the signing of this agreement a
security deposit to secure Lessee(s) compliance with all of the conditions of
this agreement and Lessor's Rules and Regulations, if any. The Lessor will hold all security deposits in
a trust account. Allow 60 days after
returning the kegerator for a security deposit refund to be refunded. If held in an interest bearing account, all
interest will be retained by the Lessor to cover bank service charges relating
to the trust account. Lessor is not required
to provide trust account information to the Lessee(s). The security deposit shall not be deemed rent
for any rental month, unless Lessor elects to do so, nor shall it constitute a
measure of the Lessor's damage in the event of default by Lessee(s). If the security deposit is insufficient to
satisfy such sums owing, Lessee(s) shall pay the deficiency upon demand. If Lessee(s) fails to pay such deficiency
upon demand, Lessor may proceed with collection of such deficiency using any
lawful means. Any excess of the security
deposit will be returned within 60 days to the forwarding address provided by
the Lessee(s). To avoid a $25 cleaning
fee make sure the inside and out of the kegerator is thoroughly cleaned
including the drip tray and freezer box.
INSURANCE: Lessor shall not be liable
to Lessee (s), nor insure Lessee (s), for any personal injury or property
damage caused by the act or omission of any other Lessee(s) or third party, or
by any criminal act or activity, war, riot, insurrection, fire or act of
God. Lessee(s) acknowledges responsibility
for securing insurance to cover Lessee(s)' personal property against any loss
or damage resulting from the use of the "kegerator".
RENT:
Rent is
payable in advance or on or before 5:00pm on the day indicated for each
calendar month to the Lessor at the address indicated in the Specific Terms of
this agreement, or at such other place as may be designated by Lessor from time
to time. Acceptance of rent does not
constitute a waiver of prior Lessee(s) default.
All payments made by Lessee(s) shall apply first to the oldest sums due
and owing under the terms of this agreement.
LATE CHARGE: In the event rent is not paid by the date set out
in the Specific Terms of this agreement, a late charge in the amount set forth
therein shall arise. The late charge
period is not a grace period and Lessor is entitled to pursue the remedies
provided herein if rent is not paid when due.
It is the responsibility as the
lessee to keep billing information updated on the account with www.kegsmart.com. If we have to take actions to collect the
rent it will be at the lessee’s expense.
If CC information on the account is not current we reserve the right to
confiscate the kegerator and keep all security deposits with no refund. Updating
account form of payment is crutial in avoiding late charges and All late fees
shall be deemed additional rent for the rental month and shall be paid and
collected as such.
NSF
CHECKS: In
the event any payment, made by check, to the Lessor by Lessee(s) is returned
unpaid, the Lessee(s) payment shall not be considered made until such funds are
made good. In addition Lessee(s) shall
pay the NSF Check Fee of $45 in addition to the amount due from that time
forward all payments must be in the form of a cashier's check or money order.
TERMINATION
OF LEASE: Upon termination of this
lease, Lessee(s) shall return "kegerator" to Lessor in the same
condition and repair as when received, and free of all Lessee(s)'s personal
property, stickers, magnets, trash and debris. Lessee(s) acknowledges that no
representations as to the condition or repair of the premises, nor as to
Lessor's intentions with respect to any improvements, alteration, decoration or
repair of the premises, have been made to Lessee(s), unless provided in this
agreement.
HOLDOVER: Because this is a Fixed Term
Lease, unless written notice of termination is given by either party no later 5
days after the expiration date of such fixed term, this lease shall be
automatically renewed on a MONTH-TO-MONTH basis at the current rental rate and
subject to the terms of this agreement, except as modified by this paragraph.
WAIVER OF DEFAULT: Lessor's failure to require
strict compliance with the conditions of this agreement or to exercise any
right provided for herein, shall not be deemed a waiver of such default nor
limit Lessor's rights with respect to that, or any subsequent default.
SEVERABILITY: If a part of this agreement
is invalid, all valid parts that are severable from the invalid part shall
remain in effect. If part of this agreement is invalid in one or more of its
applications, the part remains in effect in all valid applications that are
severable from the invalid applications.
NOTICES: Unless otherwise provided,
any notice required to give pursuant to the terms of this agreement, may be
given personally or by mailing the same, postage prepaid, certified to
Lessee(s) at the premises or to the Lessor at the address stated in the
Specific Terms of this agreement or at such other places as may be designated
by the parties from time to time. Notice will be deemed effective three (3)
days after mailing or upon personal delivery.
TIME: Time is of the essence to
the terms of this agreement.
JOINT AND SEVERAL LIABILITY: It is expressly understood
that this agreement is between the Lessor and each Lessee (s) jointly and
severally. Each Lessee (s) will be responsible for timely payment of rent and
performance of all other provisions of this agreement.
ATTORNEY'S FEES: In any action brought by the
Lessee(s) or Lessor to enforce any of the terms of this agreement, the
prevailing party in such action shall be entitled to such reasonable attorney
fees and costs as the court or arbitrator shall determine just.
CERITFICATIONS: The parties have reviewed
the information above and certify, to the best of their knowledge, that the
information, which they have provided, is true and accurate.
ENTIRE
AGREEMENT:
The foregoing constitutes the entire agreement between the parties and
supersedes any oral or written representation or agreements that may have been
made by either party. Further, Lessee(s)
have relied solely on their own judgment, experience and expertise in entering
into this agreement with the Lessor and are of legal age (or if Lessee(s) are
not of legal age, Lessee(s) agree this agreement is for a necessity) and sound
mind.
By
submitting an order for a “kegerator rental” the account holder specified by
the “name” on the account agrees to the term and condition of this
herein lease agreement for the kegerator rental.
Overview of Kegerator Rental Policies
Do
not move the kegerator from the shipping/delivery location.
If
another person would like to take over your account they must first setup a
rental account with www.kegsmart.com, at which time they can take over the
remaining payments on the kegerator lease.
Upon
termination of the lease return the kegerator in the condition in which it was
delivered. To avoid a $25 cleaning fee;
thoroughly clean the inside and out of the appliance, run the drip tray through
the dish washer and clean the inside of the freezer box. Remove all stickers, magnets, graffiti, trash
or other items that were not a part of the kegerator at delivery. The kegerator
is delivered full of CO2, you are not required to return the kegerator with a
full CO2 cylinder.
We
are not required to fill your CO2 cylinder over the life of your lease. It is the lessee’s obligation to maintain
CO2.
If you would like to purchase the kegerator after the
rental lease has expired you may negotiate a price with the KegSmart
Distributor that delivered your kegerator to possibly apply the rent paid
towards the purchase price + local sales tax.
By
agreeing the Lessee waives any right to hold the Lessor responsible for any
actions, incidents, events or even deaths related to the "kegerator"
leased in this agreement.
The
most important part: if we attempt to collect funds and your billing information is not
updated on your account and we are declined payment you will be charged!
Foam
is not our fault; it is almost always operator error! We are happy to offer expertise and advise to
help resolve beer situations but it is up to the lessee to gain the minimal
knowledge to successfully pour a quality draft beer.
Leases
work like this:
When
you place an order you agree to this agreement
A
delivery time is confirmed
Security
Deposit and upfront rent is collected
The
kegerator is delivered ready to pour fresh cold draft beer from your keg
The
first of the upcoming month the monthly rent is collected and each month
thereafter
If you signed up for a rental at the end of a month the
rent is collected for that entire month, so the upfront rent money will already
have paid for the last month rent. You
have the time up until the delivery day of the delivery month of the current
month to have the kegerator returned without paying rent for that month. After the delivery day of the last month of
the lease you will be required to pay for the next month of rent.
If you sign up at the
beginning of a month you will pay for the entire month’s rent, each month after
you will pay the rent for the month. At
the end of the lease you will pay rent for that month and have to return the
kegerator at the end of the month.
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