Terms and Conditions
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These terms and conditions outline the rules and regulations for the use of Premier Amenity's Website, located at https://www.premieramenity.com.
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Premier Amenity — Vending Machine Placement Terms of Service
Operator: Premier Amenity, a North Carolina LLC, with principal address in Mount Pleasant NC.
Location: The business entity or property owner/manager that agrees to host Premier Amenity’s equipment as described below.
By signing a site survey, installation work order, revenue share form, or allowing installation or continued operation of any Premier Amenity equipment (the Machines) on your premises, Location agrees to these Terms of Service (the Terms). If you do not agree, do not permit installation or continued operation.
1) Services & Equipment
1.1 Scope. Premier Amenity will provide, install, stock, and service smart vending equipment (the Machines) offering snacks/beverages/other items (the Products) at the Location.
1.2 Ownership. Machines, payment devices, telemetry, inventory until point-of-sale, and all branding remain sole property of Premier Amenity. No sale or transfer of title is implied.
1.3 Placement Area. Location will provide a clear, level footprint and continuous power as specified by Premier Amenity. Any relocation requires Premier Amenity’s prior written consent.
2) Location Obligations
2.1 Power & Access. Location will provide a dedicated 120V/15A circuit (unless otherwise specified), reasonable physical access for installation/service during normal hours (or by arrangement after hours), and safe egress/ingress for carts and equipment.
2.2 Premises Safety. Location will maintain a reasonably safe area around the Machines (dry floor, no obstruction, adequate ventilation/clearance per spec, away from heat/water sources). Location will not move, tilt, open, modify, or tamper with Machines.
2.3 Security. Location will take ordinary measures (e.g., locked building/room access) to reduce theft or vandalism. Location will promptly report incidents.
2.4 Compliance. Location will comply with all applicable building codes, landlord rules, and permits required for placement (if any), and will not request sale of restricted items.
2.5 No Resale/Interference. Location will not resell Products dispensed by the Machines, nor interfere with communications modules, payment hardware, or telemetry.
3) Premier Amenity Obligations
3.1 Install & Service. Premier Amenity will install, stock, and service Machines and manage payment processing.
3.2 Monitoring. Machines are remotely monitored to optimize refills and uptime; however, continuous uptime is not guaranteed.
3.3 Product Safety. Premier Amenity will use commercially reasonable efforts to stock sealed, labeled Products; temperature-controlled products will be stored/handled consistent with manufacturer guidelines.
4) Payment, Pricing & (Optional) Commissions
4.1 Pricing. Product pricing is set by Premier Amenity and may change over time.
4.2 Cashless. Sales are typically cashless (EMV/tap/mobile wallet).
4.3 Commissions (If Agreed). If a commission or rent is agreed in writing, Premier Amenity will remit per schedule and on net sales, less chargebacks/refunds/fees. Attach an Exhibit A (Revenue Share) if applicable.
4.4 Taxes. Premier Amenity is responsible for collection/remittance of applicable sales taxes on vended goods. Location is responsible for any rent/commission-related taxes owed by Location.
5) Term & Termination
5.1 Term. The Term begins on installation and continues month-to-month unless otherwise stated.
5.2 Termination for Convenience. Either party may terminate on 30 days’ written notice.
5.3 Termination for Cause. Either party may terminate immediately for material breach that remains uncured for 10 days after written notice, or for unsafe/unlawful conditions.
5.4 Effect of Termination. Premier Amenity will remove Machines within a reasonable period. Location will provide access. Any commissions owed (if applicable) through removal date will be reconciled.
6) Service Levels; Outages
6.1 Refill Cadence. Refill frequency is demand-based and may vary.
6.2 Downtime. Premier Amenity is not liable for lost profits or business interruption due to temporary outages, network issues, payment processor downtime, chargebacks, or force majeure events (Section 13).
7) Product Information; Allergens
7.1 Labels. Product packaging/labels are provided by manufacturers. Premier Amenity does not independently verify ingredient or allergen statements.
7.2 No Dietary/Warranty Guarantee. Location acknowledges that allergen, dietary, and nutritional information may change without notice and agrees to post or permit reasonable signage directing customers to read labels before purchase.
8) Insurance
8.1 Premier Amenity Coverage. Premier Amenity will maintain: (a) Commercial General Liability $1,000,000 per occurrence/$2,000,000 aggregate; (b) Products/Completed Ops $1,000,000; (c) Auto Liability $1,000,000; (d) Workers’ Comp as required by law.
8.2 Location Coverage. Location will maintain customary premises liability insurance.
8.3 COI. Upon request, each party will provide a Certificate of Insurance. Premier Amenity may request to be named as additional insured where customary for vendors, primary and non-contributory, with waiver of subrogation.
9) Risk Allocation (Read This Part)
9.1 Assumption of Risk (Premises). Location is responsible for the safety and maintenance of its premises, including the area around the Machines. Location assumes all risks of slips, trips, falls, electrical issues, water leaks, or other hazards arising from the condition or management of the premises (including third-party conduct) except to the extent caused by Premier Amenity’s gross negligence or willful misconduct.
9.2 No Bailment/Storage. Hosting Machines does not create a bailment or storage obligation for Location’s property or for customers’ personal items.
9.3 Customer Purchases. Sales occur between Premier Amenity and the end customer. All sales are final except where required by law or where a refund is issued at Premier Amenity’s discretion.
10) DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THE MACHINES, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PREMIER AMENITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED/ERROR-FREE OPERATION.
11) LIMITATION OF LIABILITY
11.1 No Consequential Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY.
11.2 Cap. EXCEPT FOR INDEMNITY OBLIGATIONS, CONFIDENTIALITY BREACHES, OR A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $10,000 OR (B) THE AMOUNTS ACTUALLY PAID OR PAYABLE (COMMISSIONS/RENT) TO LOCATION IN THE 12 MONTHS PRECEDING THE CLAIM.
11.3 Personal Injury/Death. NOTHING IN THESE TERMS SEEKS TO LIMIT LIABILITY WHERE SUCH LIMITATION IS PROHIBITED BY LAW. TO THE MAXIMUM EXTENT PERMITTED, LOCATION WAIVES AND RELEASES CLAIMS AGAINST PREMIER AMENITY ARISING FROM PREMISES CONDITIONS OR THIRD-PARTY ACTS/OMISSIONS; THIS DOES NOT WAIVE CLAIMS BASED ON PREMIER AMENITY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
12) Indemnification
12.1 By Location. Location will defend, indemnify, and hold harmless Premier Amenity and its officers, employees, and contractors from any third-party claims, damages, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) Location’s breach of these Terms; (b) unsafe or non-compliant premises conditions; (c) Location’s negligence or willful misconduct; or (d) unauthorized relocation/tampering with Machines.
12.2 By Premier Amenity. Premier Amenity will defend, indemnify, and hold harmless Location from third-party claims to the extent arising from Premier Amenity’s gross negligence or willful misconduct.
12.3 Procedure. The indemnified party will promptly notify the indemnifying party and cooperate; counsel selection and settlement rights rest with the indemnifying party, subject to a full release and no admission of fault by the indemnified party.
13) Force Majeure
Neither party is liable for delays or failure to perform due to causes beyond reasonable control (including but not limited to extreme weather, power or network outages, labor disputes, disease, governmental action, or supplier failures).
14) Compliance & Audits
14.1 Laws. Each party will comply with applicable laws, including health codes, ADA placement/clearances, and payment rules.
14.2 No Unlawful Content/Products. Premier Amenity will not knowingly stock prohibited products. Location will notify Premier Amenity in writing of any site-specific restrictions.
15) Data & Privacy
15.1 Telemetry. Machines transmit anonymous operational data (inventory, faults, transactions) for service optimization.
15.2 Cameras/Sensors. If a Machine includes cameras/sensors for security/anti-fraud, they are focused on the Machine area; recordings (if any) are used solely for loss prevention and service quality.
15.3 PCI/Payments. Payment processing is handled by third-party processors that are responsible for PCI compliance.
16) Intellectual Property & Publicity
Logos, marks, and creative materials of each party remain that party’s property. Location grants Premier Amenity a non-exclusive right to display Machines and basic brand signage on premises. Any public case study or co-marketing requires written approval.
17) Removal, Damage & Loss
17.1 Emergency Removal. Premier Amenity may temporarily power down or remove Machines if the site is unsafe or non-compliant.
17.2 Damage. Location is responsible for damage caused by Location, its personnel, or invitees (including unauthorized moves). Ordinary wear from use is excluded.
17.3 Theft/Vandalism. Premier Amenity bears the risk of loss for its Machines and inventory, except where theft/vandalism is enabled by Location’s intentional misconduct or gross negligence.
18) Dispute Resolution
18.1 Good-Faith Negotiation. The parties will attempt to resolve disputes in good faith within 30 days.
18.2 (Optional) Arbitration & Class-Action Waiver. Except for equitable relief, disputes will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Rules in Mecklenburg County, North Carolina. No class actions; claims are heard individually. Judgment may be entered on the award in any court of competent jurisdiction. (Strike this clause if your counsel prefers court litigation.)
19) Governing Law; Venue
These Terms are governed by the laws of the State of North Carolina, without regard to conflicts principles. Subject to Section 18, the exclusive venue is state or federal courts located in Mecklenburg County, NC.
20) Miscellaneous
20.1 Independent Contractors. The parties are independent; no partnership, franchise, or agency is created.
20.2 Assignment. Neither party may assign these Terms without prior written consent, except in connection with a merger, sale, or corporate reorganization.
20.3 Notices. Notices must be in writing and delivered by email with confirmation, courier, or certified mail to the addresses above.
20.4 Severability. If any provision is unenforceable, the remainder still applies, and the provision will be modified to the minimum extent to be enforceable.
20.5 Entire Agreement; Order of Precedence. These Terms plus any signed exhibits (e.g., Revenue Share, Site Plan, Spec Sheet) form the entire agreement for machine placement at the Location and supersede prior discussions. In case of conflict, a mutually signed addendum or SOW controls.
20.6 Amendments. Changes must be in a signed writing.
20.7 Counterparts; E-Sign. Signatures may be electronic and in counterparts.
Short “On-Machine” Notice (for decals)
For assistance: (704) 555-0123 • hello@premieramenity.com
Read labels for allergens and ingredients. Cold items are temperature-controlled.
All sales final except where required by law. Refunds for failed vends: contact us with date/time and last 4 digits of card.
Do not tilt or move this machine. For emergencies, power switch is located at rear—authorized personnel only.