Equipment Placement Agreement
This Equipment Placement Agreement (the “Agreement”) is effective January 16, 2020, and supersedes all prior agreements. By accepting or retaining equipment from Java Holdings LLC DBA JavaMania Coffee Roastery (the “Equipment Owner”), you (the “Client”) agree to the terms of this Agreement.
RECITALS
WHEREAS, the Equipment Owner is the owner of certain coffee grinding and brewing equipment (the “Property”);
WHEREAS, the Client has requested that the Equipment Owner loan the Property to the Client;
WHEREAS, the Client agrees to keep and maintain the Property only at the location installed by the Equipment Owner (the “Equipment Location”);
WHEREAS, the Client agrees to comply with all terms and conditions herein and limit use of the Property to the purposes described below.
PLACEMENT OF PROPERTY
The Equipment Owner agrees to place the Property on temporary loan to the Client at the Equipment Location for the limited use described in this Agreement.
The Property shall not be moved from the Equipment Location without prior written consent of the Equipment Owner.
The Property shall be returned to the Equipment Owner upon demand, at the Client’s expense.
Any additional Property delivered to the Client shall be subject to the same terms unless otherwise agreed in writing.
ACCESS TO EQUIPMENT
The Client shall provide the Equipment Owner or its agents access to the premises during normal business hours—or after hours in the event of an emergency—for inspection, maintenance, or service of the Property.
LIMITATIONS ON USE
The Property shall be used exclusively for preparing products purchased directly from the Equipment Owner.
NO LIENS OR ENCUMBRANCES
The Client shall not allow any lien, security interest, or other encumbrance to attach to the Property. If such occurs, the Client shall promptly remove it at its own expense.
TERM AND TERMINATION
This Agreement remains in effect while any Property loaned by the Equipment Owner remains in the Client’s possession.
NO INTERFERENCE WITH TITLE
The Client acknowledges the Equipment Owner’s sole ownership of the Property and shall not act inconsistently with that ownership.
CARE AND MAINTENANCE
The Client shall maintain the Property in good working order and is responsible for its safe use, operation, and installation.
All risk of loss, damage, destruction, theft, or injury caused by the Property or its operation passes to the Client upon delivery.
The Client shall insure the Property to its full replacement value and compensate the Equipment Owner for any loss or damage, regardless of cause.
SERVICE AND REPAIRS
Unless otherwise specified in a separate written contract, the Client will be invoiced for all labor, parts, and travel time incurred for any repair, maintenance, or service of the Property.
All repair work shall be performed by a third-party service provider designated by the Equipment Owner.
Work will be completed as commercially available timing allows—typically within five to seven (5–7) business days, though no specific completion time is guaranteed.
ALTERATIONS AND ADDITIONS
The Client shall not alter, modify, or add to the Property without prior written approval of the Equipment Owner.
WARRANTY DISCLAIMER
The Property is provided to the Client as an accommodation. The Equipment Owner makes no representations or warranties regarding its condition or operation.
THE PROPERTY IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” The Equipment Owner disclaims all express or implied warranties, including merchantability or fitness for a particular purpose.
The Client shall indemnify and hold harmless the Equipment Owner from all claims, damages, or liabilities arising from the use or operation of the Property, including consequential, incidental, or punitive damages.
LIMITATION OF LIABILITY — DOWNTIME
The Equipment Owner shall not be liable for any loss of sales, revenue, or business arising from service interruptions, delays, or downtime, whether scheduled or unscheduled and regardless of cause, including but not limited to maintenance, technical failure, or external events beyond the Equipment Owner’s control.
CONFIDENTIALITY
“Confidential Information” includes customer information, data, and technology incorporated in the Property, excluding information independently developed, previously known, or publicly available.
The Client shall keep all Confidential Information secure and promptly report any unauthorized access, use, or disclosure.
NOTICES
All notices under this Agreement shall be in writing and delivered via email to:
Equipment Owner: info@javamania.com
Mailing Address: 527 3rd Street, Libertyville IL 60048
Client: The email address on record.
ASSIGNMENT
The Client may not assign or transfer this Agreement or any rights or obligations hereunder without the Equipment Owner’s prior written consent.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.
ENTIRE AGREEMENT
This document constitutes the entire agreement between the parties and supersedes all prior understandings.
Any modification must be in writing and signed by authorized representatives of both parties.
If any provision is deemed unenforceable, the remaining provisions remain in full effect.
Waiver of any breach shall not constitute waiver of any subsequent breach.
Brian Bossler
Owner, Java Holdings LLC DBA JavaMania Coffee Roastery