13-0226_QUENCH USA, INC._Rental Agreement OP-0138728e n c --
RENTAL AGREEMENT #: OP -0138728
("Agreement")
CUSTOMER ACCOUNT INFORMATION: CUSTOMER CONTACT INFORMATION:
Company Name ("Customer"): City of San Juan Capistrano Name: Christy Jakl
Address: 32400 Paseo Adelanto
City: San Juan Capistrano State: CA
Zip/Postal Code: 92675 County: Orange
Phone: (949) 443-6310
Email: cjakl@sanjuancapistrano.org
Fax:
CONTRACT INFORMATION:
Rental Term: Term : 60 months Special Instructions:
INVOICE & PAYMENT INFORMATION:
Invoice Type: Paper
Billing Contact: Christy Jakl
Invoice Frequency: Quarterly
Billing Phone: (949) 443-6310
Attach to Existing Invoice: Yes
Billing Email: cjakl@sanjuancapistrano.org
Tax Exempt? (if Yes, provide cert.) No
Billing Fax:
❑ Credit Card Cardholder Name:
Expiration Date:
Credit Card Type:
Sec. Code:
Card Number:
CC Zip Code:
❑ ACH Debit Bank Name:
Account Type:
Account #:
Routing # (must be 9 digits):
❑x Check
PO Required: PO #:
PO Expiration Date:
Supersede Current PO#:
SERVICE INSURANCE INFORMATION:
Certificate of Insurance Needed:
Quench USA, Inc. 1 780 Sth Avenue, Suite 200 1 King of Prussia, PA 19406 1 Toll-free: 888-554-2782 1 Fax: 770-242-2783 1 www.guenchonline.com (rev 020212)
RENTAL AGREEMENT #: OP -0138728
EQUIPMENT & PRICING SCHEDULE:
Location Item Qty Install Fee Unit Price Subtotal
32400 Paseo Adelanto
Filter -Cooler -HC
1
$0.00
$25.00
$25.00
San Juan Capistrano CA 92675
Title: City Clerk
Email: cbaroff@quenchonline.com
Signature & Date X��gz [Q,S
Fax:
Signature & Date X
32400 Paseo Adelanto
Filter -Cooler -HC
1
$0.00
$25.00
$25.00
San Juan Capistrano CA 92675
32400 Paseo Adelanto
Filter -Cooler -HC
1
$0.00
$25.00
$25.00
San Juan Capistrano CA 92675
32400 Paseo Adelanto
Filter -Cooler -HC
1
$0.00
$25.00
$25.00
San Juan Capistrano CA 92675
32400 Paseo Adelanto
Filter -Cooler -HC
1
$0.00
$25.00
$25.00
San Juan Capistrano CA 92675
32400 Paseo Adelanto
Filter -Cooler -HC
1
$0.00
$25.00
$25.00
San Juan Capistrano CA D042802
Total Install Fees Total Monthly (excluding tax)
(excluding tax): includes labor/filter changes:
$0.00 $150.00
AUTHORIZATION:
Customer agrees to all terms and conditions contained in this Rental Agreement including the Terms and Conditions set forth, and represents that signer is
authorized to enter into this Agreement. This Agreement is not binding unless executed by an authorized representative of Quench USA, Inc.
Authorized Representative of Customer
Authorized Representative of Quench USA, Inc.
Name: Catherine Baroff
Name: Maria Morris
Phone: 888-554-2782 x 9415
Title: City Clerk
Email: cbaroff@quenchonline.com
Signature & Date X��gz [Q,S
Fax:
Signature & Date X
Quench USA, Inc. 1 780 5th Avenue, Suite 200 1 King of Prussia, PA 19406 1 Toll-free: 888-554-2782 1 Fax: 770-242-2783 1 www.guenchonline.com (re 020212)
TERMS AND CONDITIONS
1. OWNERSHIP OF EQUIPMENT: Quench USA, Inc. ("Quench") is the sole owner of the equipment listed on this Agreement, including any Add-on Schedule(s)
hereto, as well as the tubing between the water source and such equipment (collectively, the "Equipment"). Quench shall have the right to change, substitute or
remove any of the Equipment. Customer agrees not to modify, remove or conceal any identification notices or markings affixed to the Equipment. Customer has no
right to sell, transfer, encumber, sublet or assign the Equipment or this Agreement to any other entity. Quench may transfer or assign this Agreement and/or
ownership of Equipment to any entity, and such party will have the same rights and benefits as Quench.
2. INSTALLATION, LOCATION AND USE OF EQUIPMENT: Quench shall arrange for delivery and installation of the Equipment. Customer may not move the
Equipment without Quench's prior written permission. Customer will allow Quench or its agents to inspect the Equipment at any reasonable time. Quench agrees to
perform service as Quench deems necessary to maintain the Equipment in good working order. Additional service requested by Customer will be billed at Quench's
applicable rate. Customer will use the Equipment only for its intended purpose of filtering or purifying water and will not modify the Equipment in any manner or
allow the Equipment to be affixed to the premises in such a manner as to become a permanent part thereof. Customer is responsible for all authorizations or
approvals necessary to install the Equipment in its premises and represents to Quench that it has obtained all such approvals. Customer agrees to maintain the
Equipment as prescribed by Quench in the oral and written instructions provided, and failure to do so will constitute a default by Customer under this Agreement.
3. PAYMENTS AND FEES: Customer agrees to pay to Quench all fees within 30 days of invoice. If Customer fails to make any payment by its due date, Customer
agrees to pay a late fee equal to the greater of 10% of the payment due or $25.00. Customer agrees to pay $40.00 per payment rejected by its bank, in addition to
any other remedy allowed by law. Unless otherwise stated elsewhere in this Agreement, invoicing will occur Quarterly at the beginning of starting the first day of the
month after the commencement of this Agreement. The first Quarterly invoice will include a prorated amount reflecting the period between commencement of this
Agreement and the invoicing start date. To the extent that Customer is party to any other Rental Agreements or Add-on Schedules relating to Quench equipment,
Quench reserves the right to issue a consolidated invoice. The initial consolidated invoice will reflect the appropriate prorated adjustments to address for differences
in billing periods. Consolidated billing will not modify the start and end dates of the relevant rental term or renewal term, which shall continue to be governed by the
applicable Rental Agreement or Add-on Schedule. Invoices will be delivered listed on the reverse hereof. Changes in email and/or credit card information must be
made prior to any billing cycle to avoid late fees. Customer authorizes Quench to contact any credit agency for information on Customer in connection with this
transaction.
4. EQUIPMENT RESPONSIBILITY, TAXES AND INSURANCE: Customer is responsible for the Equipment until removed by Quench and shall exercise all due
care in use of the Equipment. Customer will comply with all laws applicable to the operation and maintenance of the Equipment, and assumes responsibility for
failure to comply therewith. Customer will maintain the Equipment in the condition received, excepting ordinary wear and tear. Customer agrees to pay when due all
applicable taxes relating to the Equipment. Customer will maintain, at all times while the Equipment is located on the premises of Customer, (i) insurance covering
any loss, damage or injury of any nature caused by the Equipment, which insurance will protect Quench from any such liability, and (ii) insurance against any loss of or
damage to the Equipment. Customer agrees that the amount of insurance against loss of or damage to the Equipment shall not be less than its full replacement
value. All Insurance will show Quench as a loss payee and additional named insured. In the event that the Equipment is lost, damaged or becomes inoperable due to
Customer's act or omission, Customer agrees to pay replacement value for the damaged Equipment and continue to make payments under this Agreement and the
applicable Add-on Schedules until the end of the applicable rental term. Quench will provide replacement Equipment of the same make, model or equivalent
capability. Customer agrees to defend, indemnify, and hold harmless Quench from and against any and all claims, losses, liabilities, damages, and expenses relating
to the Equipment or this Agreement, except to the extent arising from the intentional misconduct of Quench.
5. TERM AND TERMINATION: The initial rental term under this Agreement shall commence on the date of Equipment installation . After the initial rental term
under this Agreement and any renewal thereof, the rental term will automatically renew for an additional term equal to the initial term, unless either party notifies
the other in writing 30 days prior to the expiration of such initial or subsequent rental term. The automatic renewal mechanism described in the foregoing sentence
shall similarly apply at the end of the initial rental term identified on any Add-on Schedule, as well as at the end of any renewal rental term thereunder. Upon
renewal, Quench has the right to increase the monthly rent by up to 5% in any calendar year without advance notice; provided, however, that if Quench elects to
increase the monthly rent by more than 5%, Quench shall provide notice to Customer at least 60 days prior to expiration of the relevant rental term. Upon
termination of the rental, Customer agrees to pay a removal fee of $150 per unit to cover costs incurred by Quench for termination and removal and return of the
Equipment; provided, however, that any such termination shall not be effective until Quench receives the applicable Equipment in good working order. The terms
and conditions of this Agreement shall remain in full force and effect for so long as any Equipment is being rented by Customer, whether listed on the reverse hereof
or on an Add-on Schedule, and this Agreement shall terminate only after all such rental terms have ended and Quench has received all Equipment in good working
order.
6. DEFAULT: If Quench terminates a rental term under this Agreement or any Add-on Schedule due to Customer's default, including but not limited to, non-
payment of any amount when due, improper care, usage or handling of the Equipment, or failure to perform any other obligation hereunder, Customer will be
responsible for payment of all fees for the remaining term(s), as well as for all damages and removal and shipping charges incurred by Quench. Further, in the event
of default, Customer waives any and all right to notice before Quench removes the Equipment from Customer's premises and waives any requirement that Quench
post a bond in connection with any such removal.
7. MISCELLANEOUS: This Agreement, together with any applicable Add-on Schedule(s) and Site Survey(s) executed by the parties, and any document provided to
Customer by Quench in connection with the delivery, installation or use of the Equipment, constitutes the entire agreement between Customer and Quench and
supersedes any and all previous agreements between the parties related to rental of the Equipment. This Agreement may only be amended or modified by written
instrument executed by duly authorized representatives of the parties. If any provision of this Agreement is found to be unenforceable, such provision shall be
severed from this Agreement, and the remaining terms of the Agreement will continue in full force and effect. If Quench brings an action to enforce any term or
condition of this Agreement, including, but not limited to in connection with termination or Customer's default, Customer agrees to pay reasonable attorney's fees
and all costs associated with such action. Further, Customer agrees that this Agreement will be governed under the laws of the Commonwealth of Pennsylvania,
without regard to its conflicts of law principles, and Customer agrees that any action arising hereunder will be submitted only to any court in Montgomery County,
Pennsylvania. Customer hereby waives any right to trial by jury in any such action. Any delay or failure by Quench to exercise any right under this Agreement will not
prevent Quench from exercising any rights at any later time. Customer authorizes Quench and any of its agents, representatives or employees to (i) sign any
document in connection with a filing under the Uniform Commercial Code on Customer's behalf, and (ii) make modifications as needed to complete any such filing.
Any notice required under this Agreement shall be directed to Customer or Quench at their respective addresses set forth on the reverse hereof with delivery by
hand, by certified U.S. mail, or by any other method verifying receipt by Customer or Quench. Fax transmission is acceptable, but printed verification of transmission
is required.
Quench USA, Inc. 1 780 5th Avenue, Suite 200 1 King of Prussia, PA 19406 1 Toll-free: 888-554-2782 1 Fax: 770-242-2783 1 www.guenchonline.com 1-020212)
q, (j nc1h
Service Request Approval
Agreement #: OP -0138728
LOCATION INFORMATION: LOCATION CONTACT INFORMATION:
Company Name: City of San Juan Capistrano Name: Christy Jakl
Address: 32400 Paseo Adelanto Phone: (949) 443-6310
City: San Juan Capistrano State: CA Zip/Postal Code: 92675 Fax:
Service Entrance: no Email: cjakl@sanjuancapistrano.org
EQUIPMENT INFORMATION:
Equipment Model: Filter -Cooler -HC Equipment Location: office
SITE SURVEY INFORMATION:
1. Replacing an existing water cooler? No
2.
Water source and location (Ex: kitchen sink):
sink
3.
Water source pipe material:
PVC
4.
Electric outlet within 6 feet:
Yes
5.
Estimated distance from water source to unit (length of tubing)
6.
Estimated ceiling height:
8 feet
7.
Ladder or lift available?
No
8.
Type of ceiling:
Drop
9.
Type of wall:
Drywall
11.
Preferred method of contact:
Phone Call
Special Installation Instructions (if applicable):
20 Amp Outlet? (980/985 only) No
40 feet
NO INSTALLTION REQUIRED. THE UNITS ARE ALREADY THERE. THEY ARE NOT IN SYTELINE.
Pre -approval by the customer to drill holes and/or run tubing through wall and above ceilings where needed.
Authorized Representative of Customer Initial:
Quench USA, Inc. 1 780 5th Avenue, Suite 200 1 King of Prussia, PA 19406 1 Toll-free: 888-554-2782 1 Fax: 770-242-2783 1 www.ciuenchonline.com (r-020212)
giuenc ry
Service Request Approval
Agreement #: OP -0138728
LOCATION INFORMATION: LOCATION CONTACT INFORMATION:
Company Name: City of San Juan Capistrano Name: Christy Jakl
Address: 32400 Paseo Adelanto Phone: (949) 443-6310
City: San Juan Capistrano State: CA Zip/Postal Code: D042802 Fax:
Service Entrance: no Email: cjakl@sanjuancapistrano.org
EQUIPMENT INFORMATION:
Equipment Model: Filter -Cooler -HC Equipment Location: office area
SITE
(INFORMATION:
1. Replacing an existing water cooler? No
2.
Water source and location (Ex: kitchen sink):
sink
3.
Water source pipe material:
PVC
4.
Electric outlet within 6 feet:
Yes
5.
Estimated distance from water source to unit (length
of tubing)
6.
Estimated ceiling height:
8 feet
7.
Ladder or lift available?
8.
Type of ceiling:
Drop
9.
Type of wall:
Drywall
11.
Preferred method of contact:
Phone Call
Special Installation Instructions (if applicable):
20 Amp Outlet? (980/985 only) No
40 feet
NO INSTALLATION REQUIRED. THIS UNIT IS ALREADY INSTALLED, BUT IT DOES NOT SHOW IN SYTELINE.
Pre -approval by the customer to drill holes and/or run tubing through wall and above ceilings where needed.
Authorized Representative of Customer Initial:
Quench USA, Inc. 1 780 5th Avenue, Suite 200 1 King of Prussia, PA 19406 1 Toll-free: 888-554-2782 1 Fax: 770-242-2783 1 www.guenchonline.com (rev 020212)
-- Quench Rental Agreement for
-- City of San Juan Capistrano
EchoSign Document History February 26, 2013
Created: February 25, 2013
By: Catherine Baroff (cbaroff@quenchonline.com)
Status: SIGNED
Transaction ID: SXKG6NBX94C55Z
"Quench Rental Agreement for City of San Juan Capistrano"
History
Document created by Catherine Baroff (cbaroff@quenchonline.com)
February 25, 2013 - 3:12 PM EST - 108.16.248.68
Document emailed to Maria Morris (cjakl@sanjuancapistrano.org) for signature
February 25, 2013 - 3:12 PM EST
Document viewed by Maria Morris (cjakl@sanjuancapistrano.org)
February 25, 2013 - 3:15 PM EST - 70.182.199.2
�{ Document esigned by Maria Morris (cjakl@sanjuancapistrano.org)
February 26, 2013 - 6:17 PM EST - 70.182.199.2
Document emailed to Catherine Baroff (cbaroff@quenchonline.com) for signature
February 26, 2013 - 6:17 PM EST
Document viewed by Catherine Baroff (cbaroff@quenchonline.com)
February 26, 2013 - 6:18 PM EST - 108.16.248.68
.,6 Document esigned by Catherine Baroff (cbaroff@quenchonline.com)
February 26, 2013 - 6:18 PM EST - 108.16.248.68
Signed document emailed to Catherine Baroff (cbaroff@quenchonline.com) and Maria Morris
(cjakl@sanjuancapistrano.org)
February 26, 2013 - 6:18 PM EST
•' �q y h