LA PRIMAVERA ICE CREAM CORP Equipment Loan/Lease Agreement PERSONAL INFORMATION FIRST NAME * LAST NAME * Drivers License or ID No/State * Document Type * Drivers LicenseIdentification EMAIL * PHONE NUMBER * ADDRESS CITY STATE ZIP CODE BUSINESS INFORMATION BUSINESS LEGAL NAME * Document Type * Sole ProprietorPartnershipCorporation BUSINESS EMAIL * BUSINESS PHONE NUMBER * BUSINESS ADDRESS CITY STATE ZIP CODE LICENSE BUSINESS LICENSE NUMBER CITY COUNTY STATE SALES TAX INFORMATION FEIN NUMBER SALES TAX RESALE CERTIFICATION NUMBER STATE CONTACT PERSON POSITION TELEPHONE TERMS AND CONDITIONS --- 1. La Primavera Ice Cream Corp has agreed to sell to Customer its products, and as a part of that agreement, La Primavera Ice Cream Corp agrees to loan/lease to Customer certain equipment (Pushcart/Tricycle/Freezer). Customer hereby acknowledges that this is ONLY a loan/lease and that the equipment belongs solely and entirely to La Primavera Ice Cream Corp. If applied, Customer agrees to pay any deposits and make all lease payments due on time. Customer agrees that the deposit and lease payments are NOT made or accepted in any manner as the purchase of the equipment. --- 2. The equipment loaned/leased is to be used exclusively for the storage, display, promotion and sales of La Primavera Ice Cream brand products ONLY. Any other products must be pre-approved in writing by La Primavera Ice Cream Corp before any business operations are taken place with the equipment. It is NOT permitted in any manner to use the equipment for any other uses outside of this agreement. --- 3. Customer hereby agrees: (a) to maintain all equipment in a sanitary, clean and good working condition at all times in conformity with La Primavera Ice Cream Corp; (b) that NO modi cations or repairs may be made to any part of any equipment by Customer, any service professional or any other person(s) unless rst pre-approved in writing by La Primavera Ice Cream Corp; (c) to operate the equipment in accordance with any and all Health Department regulations, local, state and federal ordinance laws; (d) NOT to use or allow the use of the equipment by any other vendor/customer or any other person(s) for any criminal acts or for the sales of any illegal substances and/or materials; (e) to permit La Primavera Ice Cream Corp to inspect the equipment and the products inside the equipment at any time during regular business hours; (f) to participate in any La Primavera Ice Cream brand product promotions or any other promotions set by La Primavera Ice Cream Corp; (g) NOT to use the equipment for any other promotions, advertise- ments or propaganda for any other products, businesses or companies other than the ones set by La Primavera Ice Cream Corp. --- 4. The equipment loaned/leased may NOT be sub-loaned/sub-leased by Customer to any other third party company or person(s), other than Customers’ own vendor(s) without written pre-approval from La Primavera Ice Cream Corp. If sub-loan/sub-lease is approved, Customer hereby agrees to resume all responsibility and liability for any and all damages caused to or loss of the equipment. --- 5. La Primavera Ice Cream Corp is NOT liable in any manner, at any time, for any personal injuries, property damages or legal liabilities endured to or by Customer, Customer’s company, Customer’s employees (independent or otherwise) or any other person(s) during Customers’ possession of the equipment. --- 6. La Primavera Ice Cream Corp is NOT responsible in any manner, at any time for any products damaged and/or loss due to any type of power outages due to any reason(s) including natural disasters, outlet disconnection, improper care of equipment by Customer, lack of temperature control and/or mishandled products by any customers, employees, or any other person(s). --- 7. La Primavera Ice Cream Corp is NOT responsible for any products, equipment, money or personal property stolen from Customer or vendor(s) by any other person(s) at any time during the hours of operation of the equipment or during any other time the equip- ment is in the possession of the Customer. In the event of a robbery, it is the Customers responsibility to immediately contact La Primavera Ice Cream Corp and the authorities to make any and all reports necessary. The Customer is responsible for reporting immediately to La Primavera Ice Cream Corp the loss or damage of any and all equipment loaned/leased to Customer. --- 8. In the event that Customer should close or go out of business, Customer agrees to promptly return all equipment loaned/leased to La Primavera Ice Cream Corp. Should Customer sell or transfer ownership of its business, this agreement will immediately terminate. This agreement is not transferable unless otherwise agreed to in writing by La Primavera Ice Cream Corp and such new owner. --- 9. In the event that Customer should decide not to continue the use of the equipment loaned/leased for any reason(s), Customer is responsible to return the equipment immediately to La Primavera Ice Cream Corp. 10. If these conditions are NOT met to the conformity of La Primavera Ice Cream Corp, this agreement is automatically considered in default and subject to immediate termination. Upon termination of this agreement, all equipment shall be returned immediately to La Primavera Ice Cream Corp, and in the same condition as it was initially loaned/leased, except for reasonable wear and tear. La Primavera Ice Cream Corp reserves the right to terminate this agreement at any time and retrieve any equipment without further notice. In the event that Customer fails to return the equipment to La Primavera Ice Cream Corp upon termination of this agreement, Customer agrees to pay a rental fee of $100.00 per week, per each piece of equipment loaned/leased to La Primavera Ice Cream Corp until the equipment is returned. In the event that this agreement should be terminated due to the default of the Customer, Customer shall loose any deposit paid to La Primavera Ice Cream Corp. In the event that Customer fails to pay any amounts due to La Primavera Ice Cream Corp or promptly return the equipment upon termination of this agreement, Customer agrees to pay La Primavera Ice Cream Corp its costs of collection and any expenses incurred in the collection of any amounts due under this agreement or in the retrieval of any equipment, including reasonable attorney’s fees and court costs. --- I Agree with the Loan/Lease Agreement *Your information will never be shared with any third party.
