(*) Asterisks appearing within text on website pages are for additional information / explanation which appears at the bottom of the webpage.
CHANGE IN TERMS.
We reserve the right at any time to change, add to or delete any aspect or feature of the website and the terms and conditions of this Agreement. We will provide notice of any such changes by posting notice to the Website or as otherwise required by law. Any use of the website by you after such notice shall be deemed to constitute acceptance by you of such changes.
Last update:02/15/2018 8:29 am EST.
Ia. Owners of VendingMachineBusiness929.com, vendingmachinerouteforsale.com, our affiliates, their respective officers, employees, agents and contractors - SELLER, offers for sale vending equipment, vending machines, counter-top vending units and vending supplies only and is not offering for sale a business, business opportunity, promise of income, income opportunity, franchise, franchise opportunity, vending business opportunity or opportunity of any kind. Any such wording or related wording described in this paragraph contained within search engine listings, html coding, meta tags, keywords, title, description, etc. of this website or on the pages of this site is for the sole purpose of search engine recognition, search engine placement and/or for internet advertising demographics to persons searching for vending equipment or desiring to purchase vending equipment for their own personal use.
1b. All totals, including but not limited to, number of vends, monetary figures or otherwise shown below and on this website are estimates and/or
mathematical calculations only and are in no way implied or promised as actual results and/or income to buyers and/or users of this website. With the exception of bulk candy machines vending results shown are the sum of currency amounts realized from number of vends only, example - 25 one (1) dollar vends per day will equal $25.00 per day times 365 days per year will equal $9,125.00 per year in currency realized annually. Vending projections shown for bulk candy machines, meaning the Triplehead, Singlehead and Spiral machines are estimated averages of the sum of currency amounts realized upon depletion of products from a full machine calculating averages of these variables: product size, amount of product per vend, dispensing wheel size and /or coin mechanism settings of 1 to 4 quarters per vend using various optional coin mechanism. The number of vends per day will always vary depending on number of customers within each machine location and Individual results will always vary.
II. SELLER makes no promises or guarantees implied or otherwise of income, income performance of, including but not limited to, any individual vending unit, vending machine, vending location or BUYER'S vending purchase in part or as a whole. Users of this site understand and agree that all wording on this website related to such subjects as but not limited to, timeliness of delivery of any products or wording in reference to any monetary issues other than the stated price of the equipment, are estimates, approximations and mathematical equations only and are in no way implied or promised to the BUYER. SELLER will not be liable or held liable for any such wording, monetary, timeliness, mathematical equation or distance by any user of this website or buyers of any product from this website as a promise to said user or BUYER that is not contained in the Product Warranty and Purchase Terms. Equipment color, size, manufacturer and delivery estimates are subject to availability.* We will attempt to meet any single company's total price for identical equipment packages only and such price matches will only be considered before purchase is made by the BUYER from the SELLER. SELLER reserves the right to refuse any purchase in which an error in pricing was offered in any form.
III. Prices quoted on this website and any documents from the SELLER to the BUYER may include the added average cost of national locating companies. Said prices are offered as total cost information only to the BUYER. Such information pricing written here, and/or within Price Quotes, Vending Receipts, Bills of Sale, Purchase Agreements, emails and/or otherwise in no way implies association with any particular locating company and said pricing is approximate and will not be deemed as exact nor as a promised or guaranteed price to the BUYER by the SELLER.
IV. SELLER does not offer for sale placement or "locating" of BUYER'S vending equipment purchased here. SELLER does not accept any money from BUYERS for locating and SELLER is not compensated by any locating company for any reason and has no affiliation of any kind with any locating company recommended or otherwise. Upon request from the BUYER, SELLER may recommend up to three (3) location companies or more for placement or locating of the BUYERS' vending equipment purchased here when reputable locating companies are available and/or not prohibited by law. The BUYER is free to choose any locating company that he/she desires for the placement of his/her vending machines when placement is desired, recommended or of his/her finding. If BUYER chooses to have SELLER recommend locating companies, BUYER understands that such recommendation(s) are information only and the choice is the BUYER'S sole responsibility. A large list of locating companies may be found at www.vendingconnection.com. BUYER understands that the ultimate binding locating agreement and all payments for locating services will be made by and between the BUYER and his/her chosen locating company only. BUYER fully understands that all location companies operate differently and that all BUYERS situations do vary, therefore, all locating company procedure information offered by the SELLER to the BUYER in regards to how the placement of vending machines is completed is general information only and is in no way a promise to the BUYER of how any particular selected locating/placement company will perform.
V. "Territory" means a 25 mile radius surrounding BUYER'S chosen Zip Code or per 25,000 person population in which the SELLER will not offer machines and/or units to any other persons SELLER offers Territory reservation/hold options as a courtesy only and collects no additional funds for this courtesy. Territory reservation/hold deposits are simply a good faith deposit for the machines and or units the BUYER will be purchasing and all Territory reservations/hold deposits are credited to the BUYER'S machine and/or units purchase. Territory reservation/hold deposits require a minimum package purchase offered on this site of BUYER'S chosen machines. SELLER reserves the right to offer machines and/or units to 1 additional BUYER per additional 25,000 persons within previous BUYER'S "territory". All Territory reservation/ hold deposits are non refundable.
VI. SELLER is not affiliated with any charity or non-profit organization. SELLER provides a list of suggested charity sponsors for the BUYER's vending equipment only. All agreements with charitable organizations are by and between the buyers of vending equipment and the charity they wish to sponsor.
VII. SELLER is not liable for any contractual or verbal agreements entered into by the BUYER with merchants, charities, locating companies, independent persons who locate vending machines or any other persons public or private. Before making any purchase from this website, the BUYER agrees that he/she is solely responsible for the understanding and compliance of all local, state and federal government agencies rules and regulations associated with said purchase of any products offered here and agrees that the SELLER is not required to inform the BUYER of any such government rules and/or regulations.
VIII. At the time of this writing this website assumes to be in full compliance with all local, state and federal regulations throughout the United States, in regards to the items for sale contained on this website. It is nearly impossible to stay abreast of every written law, regulation and/or new law and /or regulation written in this great country. If any public or government servant finds our company to not be in compliance with a law or regulation within his or her jurisdiction, please notify us immediately so that we can meet those requirements.
You agree to defend, indemnify and hold us SELLER, and our affiliates, their respective officers, employees, agents and contractors, harmless from and against all claims, expenses and damages, including reasonable attorneys' fees, arising out of or resulting directly or indirectly, from any act or omission by you. SELLER relinquishes any and all liability associated with the vending equipment purchased by the BUYER from the SELLER upon purchase and/or receipt of said vending equipment by the BUYER. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
Purchase Terms, Product Warranty and Return Policy
It is the sole responsibilty of the BUYER to read and understand all Terms and conditions on this page before making any purchase. BUYER agrees to not hold SELLER responsible in any way for BUYER's failure to read and understand all of the terms and conditions contained herein. BUYER agrees the SELLER is in no way responsible for the success or failure of the BUYER's ultimate use of the vending machines purchased here and furthermore agrees the SELLER is in no way responsible for the ability or failure of the BUYER to secure locations for his/her vending machines purchased here. BUYER agrees the SELLERS' only responsibility to the BUYER is to deliver the vending machines / units ordered by the BUYER in accordance with the terms and conditions listed herein.
1. ORDERING and PAYMENTS
BUYER is purchasing from the SELLER vending equipment only. BUYER has given permission to the SELLER to process / deposit the BUYER'S payment, ACH Draft, deposit and or balance of all monies due contained in the Bill of Sale/Invoice via SELLER'S Credit Card Merchant Account, Pay Pal account and or checking account without BUYER'S written signature. BUYER consents to SELLER recording the conversation/authorization of all "Check by Phone" payments offered to SELLER. BUYER agrees that he/she will provide the correct billing address for delivery that appears on the BUYER'S credit/debit card statement for all orders where a credit/debit card is used for payment. Credit/debit cards may not be used for products being delivered to addresses other than the credit/debit card "billing address". All "Territory Reservations", "Hold Deposits" are a commitment to purchase the equipment package requested on any form submitted by the BUYER. BUYER must pay the balance due stated in the Bill of Sale and / or Order Confirmation to the SELLER, upon "Territory Reservation "Territory Hold" expiration. Time limit and deposit amount exceptions for "Hold Deposits" when offered will be in writing from the SELLER to the BUYER. BUYER agrees that shipping and/or freight charges paid by the BUYER for some machines may be averages that in some cases may be slightly more or less than the actual shipping /freight charges. SELLER makes no profit on average shipping costs.
1a. Machine Deposits: SELLER will hold the Buyer's machines until Buyer notifies us to ship his/her machine(s) at which time the balance must be paid for each machine that is to ship before the machine will ship. All vending machine deposits will be credited towards BUYER'S balance. Placing a machine deposit constitutes actual purchase the same amount of machines as the number of deposits, ex. (3 deposits $900.00 obligates the Buyer to purchase 3 machines). SELLER reserves the right to refuse multiple deposits as payment towards fewer machines than amount of Machine Deposits.
1b. BUYERS requesting a Territory Reservation as described in "Legal Notice", Paragraph V, above, agree to authorize the SELLER to process a $500 Territory Reservation payment which will be credited to any purchase of vending machines from the SELLER. All "Territory Reservations", "Hold Deposits" and "Machine Deposits" made by credit/debit card, Pay Pal, checking or Bank counter deposits and/or all deposits/payments for products offered on this website are non-reversible and non-refundable. SELLER reserves the right to not accept credit/debit cards for balance due payments of orders that have been discounted from the original prices shown on this website.
1c. BUYER agrees that services by the SELLER begin immediately upon payment and/or deposit and further understands that he/she, after authorizing payment, including but not limited to Check by Phone, Electronic E-Check, ACH Draft, Credit Debit Cards, that any false statement(s) to their financial institution ( ex: I did not authorize said payment) in an attempt to retract payment once products and/or services have begun, accepted and or delivered is perjury and /or fraud as determined in your State and/or the State of New York. SELLER will file criminal charges with the proper Law Enforcement Agency for any and all false statements by the BUYER for the purpose of retracting his/her payment under penalty of perjury and /or fraud as determined in the State of New York,
SELLER will replace any Land a Quarter Game or Candy Tower, without cost to the BUYER, which is determined to be defective within 30 days of delivery. BUYER must report any defects to the SELLER within 30 days of delivery to receive replacement. Land a Quarter Games and Candy Towers
units are custom manufactured for the BUYER purchase price is non-refundable.
2a. All warranties for Seaga Snack and Soda vending machines are covered by the manufacturer. Seaga machines are custom manufactured for the BUYER so there are no returns, cancellations and/or refunds regardless of machines being delivered to the BUYER or not.
In instances where the BUYER has requested the SELLER to "hold" his/her machines until BUYER has secured retail location(s) for delivery to those location(s) because the SELLER has paid for the custom manufacturing of said machines, the loss of revenue due to closing said territory to other potential customers and the manufacturer's restocking fees the SELLER incurs, there are no cancellations and/or refunds except as outlined in paragraph 8b below..
2b. Fourhead, Triplehead, Singlehead and Spiral Bulk Candy Vending Machines carry a 1 year manufacturer warranty and purchase price is non-refundable.
2c. Single Serve Coffee Machines carry a limited 1 year manufacturer's warranty for coin mechanisms and a limited 1 year manufacturer's warranty, which covers all other defects. BUYER must report any defects to the SELLER within 1 year of delivery to receive replacement parts. Parts will be replaced at no charge. Single Serve Coffee machines are custom manufactured for the BUYER so there are no returns and/or refunds.
2d. BUYER will be required to submit to the SELLER, pictures of any damage or defect before SELLER will approve any return.
Purchase price is not refundable due to defects of any kind for any machine or units listed in Paragraphs 2, 2a, 2b and 2c.
If approved by the SELLER machine(s) will be exchange for non-repairable damage that may have occurred during shipping only and must be reported within 3 business days after accepting delivery. Replacement approval may be contingent upon freight carrier's damage claim approval.
2e. BUYER agrees that returning any machines and/or products without prior approval from the SELLER does not constitute a refund.
2f. If any machines or units listed in Paragraphs 2, 2a, 2b and 2c. are returned by the BUYER without prior approval from the SELLER, BUYER will be charged storage fees of $10 per day, per machine.
SELLER will attempt to ship all products to the BUYER 8 - 14 business days after BUYER'S funds have cleared SELLER'S account and when applicable, 7 - 10 business days upon receipt of location address when BUYER requests machines be delivered to his respected "locations". Hand fabricated Land a Quarter Games and other units can take up to 21 days to be fabricated and shipped. BUYER understands and agrees that availability of certain colors, brands, models etc. shown on our website change and/or become unavailable and/or back-ordered by our suppliers from time to time in which the SELLER has no control and in these instances BUYER agrees to not hold the SELLER liable for timeliness of delivery and agrees to accept his/her order in its' entirety upon availability. SELLER is not always able to update website images immediately when product changes occur. SELLER will make every attempt to provide within Quotes to the BUYER the current available equipment being offered. SELLER is not responsible for any shipping delays caused by the shipping company of the BUYERS order. All shipping company discrepancies will be handled by and between the BUYER and his/her shipping company.
3a. BUYER agrees that if the vending machines, equipment or units received are not as described on this website, the BUYER must report such discrepancy to the SELLER in writing, no later than 3 business days from the date the BUYER accepted delivery from assigned freight carrier. Failure to do so, BUYER agrees the equipment is as described and correct and BUYER forfeits any such equipment and/or order discrepancy and/or “not as described’ claim with the SELLER and/or BUYER’s financial institution used by the BUYER to make payment.
3c. Any discrepancy contained within Price Quotes, Bill of Sale, Invoice etc. must also be reported in writing within 3 business days to the SELLER. If the BUYER fails to report any equipment discrepancies (not as described) and/or discrepancies with in quotes, Bill of Sale or Invoices in writing within 3 business days of document receipt, BUYER agrees that the equipment is as described and/or the order is correct and he/she forfeits any such equipment and/or order discrepancy claim financial or otherwise with the SELLER, Pay Pal, Credit/Debit card issuer, financial institution or otherwise.
3d. BUYER agrees that a carriers" proof of delivery" to the BUYER'S shipping address provided to the SELLER, with or without BUYER'S signature is sufficient proof of delivery of the items purchased from the SELLER. BUYER agrees to not hold the SELLER liable for any items purchased that were delivered to the shipping address provided by the BUYER to the SELLER whether or not the delivery receipt contains the BUYER'S signature. BUYER agrees that when he/she requests machines to be shipped to a specific location address (not billing address) the BUYER is responsible to accept and sign delivery receipt at location address he /she provides. SELLER is in no way responsible for any changes in location circumstances or further delivery to any other addresses beyond the shipping address the BUYER provided to the SELLER for any reason. BUYER agrees that he/she is responsible for all shipping costs for all incidents between SELLER and BUYER.
3e. In instances where BUYER requests to have SELLER "HOLD" his/her machines or future shipment to BUYER'S secured "locations", BUYER agrees that it is his/her sole responsibility to secure "locations and provide the SELLER the addresses in writing ASAP for shipment. BUYER should inform his secured locations that the expected delivery time will be approximately 21 - 28 days. BUYER agrees that his/her failure to provide the SELLER with "location" address(s) or an alternate shipping address does not constitute failure to deliver BUYER'S order by the SELLER.
3f. BUYER agrees that his/her failure to secure locations for his/her machines is not a valid reason for a full refund and must request and accept delivery to an alternate address only. BUYER agrees that any attempt by him/her to retract his/her payment form utilizing the reason that the SELLER failed to deliver the BUYER’S order is willingly and knowingly making a false statement to his/hers financial institution when the BUYER failed to secure “locations” and/or failed to provide the SELLER with location address(s) or an alternate address for shipment and may result in criminal prosecution by the SELLER against the BUYER as prescribed by his State/County of BUYER’S residence and/or State/County of SELLER’S address. BUYER agrees that due to costs incurred storing equipment, failure to request delivery or accept delivery of equipment 180 days after initial purchase will render said sale null and void and BUYER will forfeit all payments made to SELLER.
4. The SELLER is not offering for sale to the BUYER, any of the following: locations for the BUYER's vending equipment, a business, business opportunity, income opportunity, franchise, franchise opportunity or opportunity of any kind. BUYER agrees that the SELLER has made no guarantees of income performance of any individual vending unit, vending machine, vending location or BUYERS vending purchase as a whole and that All totals, including but not limited to, number of vends, monetary figures or otherwise shown below and on this website are estimates and/or mathematical calculations only and are in no way implied or promised as actual results and/or income to buyers and/or users of this website. With the exception of bulk candy machines vending results shown are the sum of currency amounts realized from number of vends only, example - 25 one (1) dollar vends per day will equal $25.00 per day times 365 days per year will equal $9,125.00 per year in currency realized annually. Vending projections shown for bulk candy machines, meaning the 4 Selection, Triplehead, Singlehead and Spiral machines are estimated averages of the sum of currency amounts realized upon depletion of products from a full machine calculating averages of these variables: product size, amount of product per vend, dispensing wheel size and /or coin mechanism settings of 1 to 4 quarters per vend using various optional coin mechanism and the number of vends per day and Individual results will always vary depending on number of customers within each machine location or otherwise and further agrees that the SELLER is in no way responsible for the financial performance of the BUYERS vending units, vending machines, vending locations or vending purchase as a whole or any other occurrences of the BUYER'S purchase and furthermore BUYER will not hold or attempt to hold SELLER responsible for any occurrences financial or otherwise experienced by the BUYER in association with his/her purchase from the SELLER. "Exclusive Territory" means a 25 mile radius surrounding BUYER'S chosen Zip Code or per 25,000 person population within that territory in which the SELLER will not offer machines and/or units to any other persons only. SELLER reserves the right to offer machines and/or units to 1 additional BUYER per additional 25,000 persons within previous BUYER'S "territory".
5. BUYER agrees that his/her purchase of the vending machines and or vending units from the SELLER is in no way associated with his/her purchase from any Location Company recommended or otherwise and that any and all disputes with any Location Company will be settled by and between the BUYER and their chosen Location Company only. BUYER agrees that he/she will not hold the owner of this website or its affiliates liable for any locating company's performance of the locating/placement of the BUYER's vending machines or units purchased from the SELLER. BUYER further agrees that there are no refunds or cancellations of his/her order with the SELLER due to the failure of his/her chosen locating company to secure locations for the vending machines purchased from the SELLER.
5a. BUYER also agrees to not post any complaints against the owner of this website with any online forums, blogs, Consumer Reporting agencies or otherwise due to his/her dissatisfaction with the performance of any location company.
6. Upon any deposit and/or payment offered to the SELLER by the BUYER, the BUYER agrees to pay all balances due in the Vending Order and Receipt and/or Bill of Sale / Invoice. BUYER understands that upon purchase order/deposit offered to the SELLER, the SELLER incurs irreplaceable processing costs associated with the BUYERS order and the purchase price/deposit is non-refundable.
7. BUYER agrees that once his/her vending machines, vending units, vending supplies have been shipped from the factory, said vending machines , units, products cannot be warranted, become used and unavailable for resale to any other persons and therefore the purchase price and/or deposit for said vending machines, units, products is non-refundable. SELLER will refuse the return of any vending machines, units, products that are returned and will not be responsible or held responsible in any way for any vending machines / units attempted to be returned to the SELLER. SELLER will only accept returns for damaged vending machines, units, products that are unrepairable using replacement parts and that have been approved by the SELLER. BUYER will be required to submit to the SELLER, pictures of any damage or defect before SELLER will approve any return. BUYER agrees to not simply return machines without prior approval of the return by the SELLER and all unauthorized returns do not constitute a refund from the SELLER
8. RETURNS and CANCELLATIONS:
8a. RETURNS: Because delivered machines cannot be warranted after being shipped, resold as new, the probability that damage will occur in shipping and the high costs incurred by the SELLER immediately and there after upon any purchase from the BUYER, returns will only be allowed when the equipment cannot be repaired under warranty. All returns must be approved by the SELLER. BUYER must return all items associated with said purchase undamaged and unassembled. SELLER will not accept the return for items that are assembled, damaged and/or not in the original condition as shipped to the BUYER from the SELLER. Returns will not be allowed for Seaga Vending machines that the BUYER has accepted delivery. Upon receipt of approved returned items in accordance with all conditions of this paragraph, SELLER will ship a replacement minus all fees described above.
8b. CANCELLATIONS: Due to the high costs incurred by the SELLER immediately and there after of any purchase from the BUYER, there will be a 33.3% service fee of total amount paid (minus territory holds/reservations) assessed for any approved cancellation regardless of BUYER'S machines or products purchased having been shipped or not. Cancellations will not be allowed if BUYER has already accepted delivery of his order. BUYER agrees that upon requesting and receiving a refund for a cancellation from the SELLER minus all applicable fees described above the BUYER releases the SELLER from all obligations related the BUYER'S purchase.
8c. The 33.3 % fee described above is to cover costs incurred immediately upon BUYER's purchase by the SELLER which include, but not limited to: custom manufacturing of BUYER'S order, targeted advertising costs for BUYER's geogrphical territory, loss of sales from serious buyers being turned away from the BUYER's territory secured by BUYER's purchase, payments to manufactrurers for BUYER's order, manufacturer cancellation and/or cancellation fees charged to the SELLER. Returns / cancellations will not be allowed in instances when the equipment has been used in any way, when the BUYER is dissatisfied with the performance his chosen location company or has failed to secure location(s) for purchased machines that have been delivered, are being held by the SELLER or dissatisfied with the income performance of his/her machines/units or otherwise. Returns will not be allowed in cases when the BUYER has simply "changed his/her mind" (buyer's remorse) for any reason about his/her purchase
8d. All requests for special circumstance refunds and cancellations must be submitted in writing to: firstname.lastname@example.org.
You must include all reasons for the request.
9. CIVIL ACTIONS:
BUYER agrees that all litigation and/or legal action against the SELLER will be filed by the BUYER in the Civil Court of the same County as SELLERS business address only. BUYER agrees that upon the initiation of any collection or civil action by the SELLER, the SELLER will hold the BUYER financially liable for the full purchase price contained in the Vending Order Receipt/Invoice/Bill of Sale and also all fees and costs directly associated with said collection and/or civil action, including but not limited to Attorney's fees, collection agency fees, court costs and travel expenses.
9a. BUYER agrees that the SELLER will seek recovery of any monies due by the BUYER to the SELLER in the Civil Court of the same County as SELLERS current business address.
9b. Any threat of payment/deposit retraction, payment/deposit retraction attempt, payment/deposit retraction and/or failure or refusal to pay any balances due to the SELLER by the BUYER and/or any civil action or threat of civil action by the BUYER against the SELLER,verbal and/or wrtten, will suspend all outstanding obligations of the SELLER to the BUYER indefinitely.
10. SELLER will present for criminal prosecution to the appropriate local Law Enforcement Agency any and all fraudulent, deceptive and worthless payment forms offered to the SELLER via telephone, electronically or otherwise, including but not limited to checks returned as uncollectible for any reason such as but not limited to insufficient funds, account closed etc. this includes "Echeck" and "Check by Phone". A $25.00 fee will be charged for all checks returned for any reason plus all other fees associated with any returned check. In addition to fees listed here, a 33.3% restocking fee or service fee of the total package price. Also all shipping costs, plus any credit/debit card fees incurred by the SELLER from said transaction will be assessed, this may include order cancellation request by the BUYER that must be agreed to by the SELLER, orders in which an uncollectible and/or a retracted payment was offered to the SELLER by the BUYER. Any payment/deposit retraction, payment/deposit retraction attempt and/or failure or refusal to pay any balances due to the SELLER by the BUYER and/or any civil action or threat of civil action by the BUYER against the SELLER will suspend all outstanding obligations of the SELLER to the BUYER indefinitely.
11. In addition to the above charges the BUYER will be billed a minimum of $175 per hour spent for administrative costs for any and all required responses by the SELLER to BUYER'S complaints deemed to be post-purchase dissatisfaction with the terms contained herein, not in accordance with the Purchase Terms, false, inaccurate and/or vindictive in nature to but not limited to any review websites, business reporting agencies i.e.: Better Business Bureau, Government Agency, etc.
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