Rental Pricing: *Customers choosing full 12-month payments in advance eligible for 5% discount

RENTAL AGREEMENT T&C

1. Ownership of Equipment: FillPure LLC is the sole owner and title-holder of the equipment under this Rental Agreement (“Equipment”). Customer agrees to keep the Equipment free and clear of all liens and Customer will pay all taxes, filing fees, interest and penalties relating to this Rental Agreement or the Equipment.
2. Complete Agreement: Customer agrees that no promises or agreements have been made by FillPure LLC or anyone else regarding the rental or use of the Equipment which are not part of this Rental Agreement.
3. Authorized Signer: The person signing this Rental Agreement on behalf of the Customer represents he/she has the power and authority to do so on behalf of the Customer.
4. Liability and Insurance; Indemnity: Customer is responsible for any damage to the equipment or losses or injuries caused by the Equipment due to acts of Customer. Customer agrees to keep the Equipment fully insured against such losses during the term of the Rental Agreement or any extension hereof. If FillPure LLC or its assignee requests proof of insurance and Customer fails to provide said proof, Customer agrees to pay to FillPure LLC or its assignee the cost (which may be at a higher premium) of the insurance obtained by FillPure LLC or its assignee. Customer agrees to indemnify, defend and hold harmless FillPure LLC assignee at all times, including after termination of this Rental Agreement, from and against any loss, damage, liability or claim, including the failure of any connection to or from the equipment (including any supply lines enabling such connection), except to the extent arising from the intentional misconduct of the dealer, reasonable attorneys’ fees, caused by the Equipment or its use.
5. Location of Equipment: Customer will keep the Equipment at the location specified in this Rental Agreement. FillPure LLC or its authorized agent must perform any relocation of the Equipment.
6. Distributor Interests: Customer may not sell, transfer, encumber or assign the Equipment or this Rental Agreement without the prior written consent of FillPure LLC or its assignee. FillPure LLC may sell, transfer, encumber or assign its interests in the Equipment and/or this Rental Agreement. Any assignee of FillPure LLC will have all of FillPure LLC’s rights and benefits under this Rental Agreement but none of its obligations.
7. Agreement Inception, Payment Requirements, Payment Due Dates: This Rental Agreement shall commence on the Delivery and Acceptance Date (“Commencement Date”) and continue for the duration of the term stated on page 1 herein. Rental will accrue from the Commencement Date; provided that payment for the initial billing period shall be due thirty (30) days after the Commencement Date. Thereafter, payments will be due for each billing period on the date that FillPure LLC or its assignee establish for payments under this Rental Agreement. If payment is not made within fifteen (15) days of when due, a late charge equal to 15% of the late payment or $20, whichever is greater, will be charged for each late payment. Customer’s obligation extends through the term of the Agreement.
8. Early Termination: Customer may terminate this Rental Agreement with thirty (30) days prior written notice to FillPure LLC and upon payment, as calculated on the termination date, of all remaining payments, and all sales tax, and fees, if applicable.
9. Renewal/Price Protection: After the initial rental term (or extension previously agreed to), this Rental Agreement will renew for an additional 12 months and annually thereafter at the same monthly rate unless the Customer notifies FillPure LLC in writing ninety (90) days prior to the expiration of the initial rental term (or extension previously agreed to) that Customer does not intend to renew this Rental Agreement and will return the Equipment.
10. Installation, Maintenance and Care: Customer agrees to use the Equipment in accordance with FillPure LLC’s specifications and will make the Equipment available to FillPure LLC or its authorized agent for service and maintenance. Amounts payable by Customer under this Rental Agreement are exclusive of any charges for Equipment service, maintenance, repairs or relocation. Deinstallation and removal charge $125.00 per unit at termination of rental.
11. UCC Filings: Customer grants FillPure LLC (and its successors and assigns) authorization to sign and file Uniform Commercial Code financing statements deemed necessary by FillPure LLC (or its successors and assigns) to protect its interests in the Equipment.
12. Default: If Customer does not pay any amount when due, or breaches any other term of this Rental Agreement, or becomes insolvent or subject to any insolvency proceeding, FillPure LLC or its assignee may deem the Customer in default and FillPure LLC or its assignee may thereafter exercise any and all legal remedies available by law including but not limited to, repossession of the Equipment, termination of maintenance agreements, reimbursement of reasonable attorney fees associated with any action, repossession or disposal of the Equipment and acceleration of the balance due under this Rental Agreement. If any part of this Rental Agreement is found to be invalid, then it shall not invalidate any of the other parts.
13. Business Agreement: Customer agrees that this Rental Agreement and its use of the Equipment is solely for business purposes. This Rental Agreement will be governed by the laws of the state in which the Equipment is located. Any judicial proceedings arising under this Rental Agreement shall be adjudged by any court in any state in which the Customer conducts business at the commencement of the action or is organized. Customer expressly accepts the jurisdiction and venue in any such court and irrevocably waives any right to a trial by jury.
14. Manner of Execution: This Rental Agreement may be executed in as many counterparts as necessary or convenient, including both counterparts that are executed on paper and counterparts that are electronic records and executed electronically, and by the different parties on separate counterparts each of which, when so executed, (and any copy of an executed counterpart that is an electronic record) shall be deemed an original but all such counterparts shall constitute but one and the same agreement. Delivery of a signed counterpart hereof by facsimile transmission or by e-mail transmission shall be as effective as delivery of a manually executed counterpart hereof.
15. Miscellaneous: At the discretion of FillPure LLC or its assignee (the “Holder”), the authoritative electronic copy of this Agreement (“Authoritative Copy”) may be converted to paper and marked as the original by FillPure LLC or such assignee (the "Paper Original"). Unless and until the Holder creates a Paper Original, the Authoritative Copy of this Agreement: (1) shall at all times reside in a document management system designated by Holder for the storage of authoritative copies of electronic records, and (2) is held in the ordinary course of business. In the event the Authoritative Copy is converted to a Paper Original, the parties hereto acknowledge and agree that: (a) the electronic signing of this Rental Agreement also constitutes issuance and delivery of the Paper Original, (b) the electronic signature(s) associated with this Rental Agreement, when affixed to the Paper Original, constitutes legally valid and binding signatures on the Paper Original, and (c) the Customer’s obligations will be evidenced by the Paper Original after such conversion. Any purchaser of this paper is notified that a security or ownership interest has been granted to the party holding the Paper Original of the Rental Agreement marked “ORIGINAL” and any other security or ownership interest herein will violate the rights of such party.

PURCHASE AGREEMENT T&C

1. Complete Agreement: Customer agrees that no promises or agreements have been made by FillPure LLC or anyone else regarding the purchase or use of the Equipment which are not part of this Agreement.
2. Authorized Signer: The person signing this Agreement on behalf of the Customer represents he/she has the power and authority to do so on behalf of the Customer.
3. Installation, Maintenance and Care: Customer agrees to make the Equipment available to FillPure LLC or its authorized agent for service and maintenance. Amounts payable by Customer under this Agreement are exclusive of any charges for Equipment service, maintenance, repairs or relocation. Deinstallation and removal charge $125.00 per unit.
4. Default: If Customer does not pay any amount when due, or breaches any other term of this Agreement, or becomes insolvent or subject to any insolvency proceeding, FillPure LLC or its assignee may deem the Customer in default and FillPure LLC or its assignee may thereafter exercise any and all legal remedies available by law including but not limited to, termination of maintenance agreements, reimbursement of reasonable attorney fees associated with any action. If any part of this Agreement is found to be invalid, then it shall not invalidate any of the other parts.
5. Manner of Execution: This Agreement may be executed in as many counterparts as necessary or convenient, including both counterparts that are executed on paper and counterparts that are electronic records and executed electronically, and by the different parties on separate counterparts each of which, when so executed, (and any copy of an executed counterpart that is an electronic record) shall be deemed an original but all such counterparts shall constitute but one and the same agreement. Delivery of a signed counterpart hereof by facsimile transmission or by e-mail transmission shall be as effective as delivery of a manually executed counterpart hereof.
6. Miscellaneous: At the discretion of FillPure LLC or its assignee (the “Holder”), the authoritative electronic copy of this Agreement (“Authoritative Copy”) may be converted to paper and marked as the original by FillPure LLC or such assignee (the "Paper Original"). Unless and until the Holder creates a Paper Original, the Authoritative Copy of this Agreement: (1) shall at all times reside in a document management system designated by Holder for the storage of authoritative copies of electronic records, and (2) is held in the ordinary course of business. In the event the Authoritative Copy is converted to a Paper Original, the parties hereto acknowledge and agree that: (a) the electronic signing of this Agreement also constitutes issuance and delivery of the Paper Original, (b) the electronic signature(s) associated with this Agreement, when affixed to the Paper Original, constitutes legally valid and binding signatures on the Paper Original, and (c) the Customer’s obligations will be evidenced by the Paper Original after such conversion. Any purchaser of this paper is notified that a security or ownership interest has been granted to the party holding the Paper Original of the Agreement marked “ORIGINAL” and any other security or ownership interest herein will violate the rights of such party.