The Terms and Conditions of this Agreement Are As Follows:
1. Purchase: Buyer hereby agrees to purchase Sellers; 21st Century Technologies Group LLC, doing business as Healthier4U Vending, herein referred to as H4U, business opportunity including all of the Machines and supplies described herein which are designed to help establish a business for Purchaser that engages primarily in a Vending Machine Business.
2. Services Performed and Provided: H4U shall perform or provide Buyer with the following general and particular services in connection with the purchase and sale of the business opportunity:
a. Deliver the Machines to you according to the package and number of Machines you selected and agreed to here in this Purchase Agreement.
b. Provide you with one Two Days training at company headquarters, Las Vegas Nevada, including lodging, Product Sourcing, CorporateIdentity Package, and assorted business training to get your vending business up and running efficiently.
c. Personal business coaching to answer any questions you may have to get your business up and running and to answer any questions you may have concerning setting up your Machines and related business.
d. If purchased and indicated in package details, we will provide you with location information for the Machines. Location demographic details, contact information, and assorted details. Locations are then to be inspected by the buyer and approved prior to machine install. H4U will do the best to locate the highest performing locations but does not guarantee any certain level of performance.
The Buyer shall have ninety (90) days to evaluate the location from placement of the machine. If for whatever the reason, the location is deemed unsuitable, H4U will provide an additional location for placement of this machine. Each new location will be given another 90 days to evaluate up to three times per machine.
3. Payment: The purchase price of this Business Opportunity shall be paid in full prior to attending Training in Las Vegas, NV, by Bank Wire, Cashier’s Check, Money Order or Credit Card. All prices quoted are reflecting a 3.5% cash discount. Buyer will be solely responsible for any Federal, State and local taxes for the purchase of this Business Opportunity. Buyer further agrees to act as an independent operator in all matters concerning the business.
4. Training/Lifetime Personal Coaching: H4U will provide Buyer with online support and services on the basics of setting up and operating your vending business.
a. Buyer will have unlimited access to our Vending Support Services who will assist you in every aspect of launching your new business.
b. H4U Training Seminars, held in Las Vegas, approximately once per calendar month, are available to buyer (or buyer’s employees) to attend. H4U will provide training sessions at no cost; however, buyer is responsible for travel expenses of attendee.
5. Confidentiality and Nondisclosure: Buyer acknowledges H4U is the sole owner of all proprietary rights in and to the business opportunity purchased and sold herein. Buyer further acknowledges the business opportunity in its entirety constitutes trade secrets of H4U and they are revealed to Buyer only to establish his/her business in connection with this agreement.
6. Advertising and Use of Trademark: The use of the name “Healthier 4 U Vending” or “H4U” or “Healthier 4 U” may be used in advertisements and or 9. White Glove Delivery Service:promotion of your healthy snack and drink units. The use of the name(s) listed cannot be used in the content of Buyer’s legal business name. Buyer may not present themselves as an employee, representative, partner, franchisee of 21st Century Technologies Group LLC or Healthier 4 U Vending.
7. Limited Use of Copyrighted Materials: Healthier 4U Vending shall grant at buyers request a limited revocable release of copyright enabling buyer to use logos, graphics, and other materials for promotion of their business. This agreement is separate and issued at buyers request, is available to review prior to purchase but will not be signed by an Authorized Healthier 4U Representative until buyers Purchase Agreement has been Executed and accompanying payment has been made. If Buyer(s) purchases any third party equipment without written consent of H4U, the buyer(s) may forfeit the use of H4U graphics, name, marketing materials etc granted in this provision.
8. Earnings and Other Representation: Each party acknowledges that, except as expressly set forth herein, no representations of any kind or character have been made to it by the other party, or by any of the other party’s agents, representatives to induce the execution of this Agreement. This document constitutes the entire understanding and agreement of the parties, and any and all prior agreements. Buyer also acknowledges and agrees that no representations or warranties are made by H4U or any other person, either expressed or implied, regarding income, expense or profits, or any security arrangement. The Buyer hereby indemnifies and holds H4U harmless from any and all claims and liability that may arise out of the activities of H4U, in furtherance of this contract, or for any acts or omissions of the agents or employees. H4U makes no representation or Contract to repurchase equipment.
9. White Glove Delivery Service: Machines will be stored for up to 60 days, and delivered to your locations of choice. If Buyer has machines still in storage after the initial 60 days, a monthly storage fee can be assessed per machine.
a. While H4U will assist in expediting the White Glove Delivery Services, it is acknowledged by both parties the service is provided and fulfilled by an independent third party company and H4U accepts no liability for shipping other than damage obtained during the shipping process. Buyer must note damages on the Bill of Lading prior to signing for receipt. Also, Buyer must advise H4U of such occurrence.
b. H4U reserves the right to refuse white glove installation services if assessorial charges are deemed unreasonable. The buyer(s) will be given the choice to pay the assessorial charges, which then machine(s) can be installed.
10. Warranty: All Machines come with a 2 Year Warranty against manufacturer defects. Should the Machines fail to operate due to equipment malfunction for normal usage and wear, we will advise you of the necessary steps to repair the Machines and replace any parts if necessary. Necessary parts during the first two (2) calendar years, from the date of delivery will be covered at 100%.
11. No Buy Back or Security Agreement: Buyer acknowledges H4U provides no “buy-back” option, or “secured investment” arrangement of any nature which would serve to protect you from loss of any purchases or payment here under. Sales may be substituted but not refunded. All Sales are final.
Acceptance: This Contract shall be effective only upon written acceptance by an authorized agent of H4U, at 6960 South Cimarron Road #240 Las Vegas, NV 89113. Buyer agrees that any dispute of this Agreement shall become subject to arbitration. This Agreement has been executed and delivered to H4U, in Clark County in the State of Nevada. This Agreement shall be interpreted pursuant to the laws of the State of Nevada.
In the event of litigation, the venue of any action commenced to enforce the terms of this Agreement may, at the option of H4U, be in Clark County, Nevada. This Contract shall not be modified or amended in any manner, except by an instrument in writing executed by both parties hereto. This Contract encompasses all of the promises, terms, conditions and representations made by either party hereto.
Signature of Buyer Date
H4U Representative Date