Gehl's Dispenser Lease Agreement
THE FOLLOWING LEASE AGREEMENT APPLIES TO ALL EQUIPMENT ORDERED THROUGH THIS SITE -- PLEASE READ IT CAREFULLY.
1. Gehl's Guernsey Farms, Inc. ("Gehl"), will lease to You ("Lessee") one or more pieces of Dispensing Equipment ("Equipment") ordered from this site on the following terms and conditions.
2. Gehl shall place the Equipment at the address to which Lessee requests shipment. The Equipment shall at all times remain the property of Gehl. Lessee shall not remove, or permit the removal of the Equipment without Gehl's written authorization.
3. Lessee may terminate this lease at any time by sending written notice of termination to Gehl, which notice shall also include a request that Gehl remove the Equipment from its location.
4. The placement fee which lessee pays to Gehl via credit card on this site shall be non-refundable once Lessee accepts placement of the Equipment.
5. Gehl, upon ten (10) days written notice to Lessee, may terminate the lease with or without cause and remove the Equipment from the location. Cause for termination includes, but is not limited to, misuse of the Equipment or failure to use Gehl's product exclusively in the Equipment.
6. Lessee acknowledges that the Equipment bears Gehl's trademarks or logos, and shall not use the Equipment in any way that infringes or impairs these marks.
7. Lessee at its cost shall properly clean and care for the Equipment, and shall comply with all applicable local, state, and federal rules or regulations. Lessee shall not alter or improve the Equipment in any way.
8. During the term of this agreement, Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances and shall pay when due all license fees, registration fees, assessments, charges, and all municipal, state, or federal taxes which may now or hereafter be imposed upon use, custody, or possession of the Equipment.
9. Lessee acknowledges and agrees that the Equipment is taken as is and that all risks, as between Gehl and lessee, are to be borne by lessee at its sole risk and expense. Gehl shall not be responsible to lessee, and lessee shall be responsible, for any liability, claim, loss, damage, or expense of any kind or nature arising from, or caused directly or indirectly, by the Equipment, the inadequacy thereof for any purpose, any deficiency or defect therein, the repair, servicing, or adjustments thereto, loss of business, or by or from any other source or cause of loss, damage, or expense whatsoever, including but not limited to claims based on Gehl's negligence.
10. Lessee assumes all risks and liability, as between Gehl and Lessee, for the Equipment, for the safety, use, care, possession, custody, operation, maintenance, storage, repair, service, and condition thereof, for any injury or death of any person or damage to property howsoever arising from or incident to such use, possession, operation, maintenance, storage, service, or condition, regardless of whether such injury or death occurs to agents or employees of Lessee or to third parties and regardless of whether such damage occurs to Lessee's property or the property of others. Lessee shall save and hold Gehl harmless and indemnify Gehl from all loss, damages, claims, penalties, liabilities and expenses including attorneys' fees, regardless of their nature or method of arising or being incurred because of or incident to the Equipment, its actual or alleged use, possession, operation, maintenance, storage, service, or condition, including but not limited to claims based on Gehl's negligence. Lessee shall defend any and all claims and suits which may be brought against Gehl, either alone or in conjunction with others, arising from, because of, or incident to the Equipment, its actual or alleged use, care, possession, custody, operation, maintenance, storage, repair, service, or condition, including but not limited to claims based on Gehl's negligence, and Lessee shall satisfy, pay, and discharge any and all judgments and fines that may be recovered against Gehl in any such action or actions. Lessee shall also indemnify Gehl and hold it harmless from any claim, damage, liability, loss, or expense arising out of the alleged or actual failure of Lessee to comply with any provision of this agreement and shall defend, at its sole cost and expense, any claim made by a third person against Gehl and arising out of the actual or alleged failure of Lessee to comply with any provision of this agreement.
11. Licensee agrees that Gehl will not be liable for any incidental, special, or consequential damages or lost profits or revenues resulting from or in any way related to this agreement, any breach or termination of this agreement or operation of the equipment, including claims based on Gehl's negligence, whether or not Gehl has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy herein. Under no circumstances shall Gehl be liable to lessee for any reason for any amount in excess of the fees paid by licensee to Gehl in the two months immediately preceding the date when cause of action resulting in such liability arises.
12. Lessee shall not assign its interest under this lease nor lend nor transfer custody or possession of the Equipment to any other entity.
13. This agreement constitutes the final, complete, and exclusive statement of the parties' intentions regarding the leasing of the above from this site. This agreement may not be varied or amended without the prior written consent of an officer of Gehl and principal or officer of Lessee.
14. The validity, construction and enforcement of this Agreement shall be determined in accordance with the laws of Wisconsin, without reference to its conflicts of laws principles, and any action arising under this Agreement shall be brought exclusively in Wisconsin.
15. The provisions of this Agreement shall be considered as severable, so that the invalidity or unenforceability of any provisions will not affect the validity or enforceability of the remaining provisions; provided that no such severability shall be effective if it materially changes the economic benefit of this Agreement to either party
16. Clicking "I Agree" below constitutes acceptance of this agreement by the lessee.