By renting Kegs with DashBrew or through our website (https://www.dashbrew.com) you are agreeing to the terms set forth in this agreement.

KEG RENTAL AGREEMENT

BETWEEN:
DashBrew LLC (the “Lessor”) and you (the “Lessee”)

(the Lessor and Lessee are collectively the “Parties”)

IN CONSIDERATION OF the mutual covenants and promises in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Lessor leases the Equipment to the Lessee, and the Lessee leases the Equipment from the Lessor on the following terms:

Definitions

  1. The following definitions are used but not otherwise defined in this Agreement:
    a. “Casualty Value” means the market value of the Equipment at the end of the Term or when in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.
    b. “Equipment” means Corny Keg. The Aproximate value is $110.00.
    c. “Total Loss” means any loss or damage that is not repairable

Lease
2. The Lessor agrees to lease the Equipment to the Lessee, and the Lessee agrees to lease the Equipment from the Lessor in accordance with the terms set out in this Agreement.

Term
3. The Lease term commences on the day the keg is shipped or delivered to the Lessee and will continue on a month-to-month basis (the “Term”).

Rent and Deposit
4. The rent will be paid in installments of $25 per keg rented each month, in advance, beginning on the day the Lessee’s credit card charge occurs and will be paid monthly throughout the Term (the “Rent”).

Delivery of Equipment
5. The Lessor will, at the Lessor’s own expense and risk, deliver the Equipment to the Lessee’s address as long as the Lessee lives in the city of Bellevue, Redmond, Newcastle, Mercer Island, Kirkland, Medina, Sammamish, or Issaquah. Should the Lessee not live within our delivery range an additional charge for shipment may be leveraged to ship the keg.

Warranties
6. The Equipment will be used for personal, family or household purposes.
7. The Equipment will be in good working order and good condition upon delivery.
8. The Equipment is of merchantable quality and is fit for the following purpose:
hombrewing.

Loss and Damage
9. To the extent permitted by law, the Lessee will be responsible for risk of loss, theft, damage or destruction to the Equipment from any and every cause.
10. If the Equipment is lost or damaged, the Lessee will inform the Lessor with prompt written notice of such loss or damage. The Lessee will not be held responsible for wear and tear minor damage such as worn O-rings, worn pop-it valves, minor scratches and dings, exterior scratches.
11. In the event of Total Loss of the Equipment, the Lessee will provide the Lessor with prompt written notice of such loss and will pay to the Lessor all unpaid Rent for the Term plus the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Lessee.

Ownership, Right to Lease and Quiet Enjoyment
12. The Equipment is the property of the Lessor and will remain the property of the Lessor.
13. The Lessee will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.
14. The Lessor warrants that the Lessor has the right to lease the Equipment according to the terms in this Agreement.
15. The Lessor warrants that as long as no Event of Default has occurred, the Lessor will not disturb the Lessee’s quiet and peaceful possession of the Equipment or the Lessee’s unrestricted use of the Equipment for the purpose for which the Equipment was designed.
Surrender
16. At the end of the Term or upon earlier termination of this Agreement, the Lessee will make the Equipment available for pick up at a location within the city of Bellevue, Redmond, Newcastle, Mercer Island, Kirkland, Medina, Sammamish, or Issaquah. If the Lessee cannot make the equipment available for pickup at a location within this range then the Lessee may at his/her cost ship the equipment back to the Lessor. If the Lessee fails to make the Equipment available for pick up, the Lessee will pay to the Lessor any unpaid Rent for the Term plus the Casualty Value of the Equipment plus 10% of the Casualty Value, at which point ownership of the Equipment will pass to the Lessee.

Insurance
17. No insurance coverage for the Equipment is required under this Agreement.

Default
18. The occurrence of any one or more of the following events will constitute an event of default (“Event of Default”) under this

  • Agreement:
    a. The Lessee fails to pay any amount provided for in this Agreement when such amount is due or otherwise breaches the Lessee’s obligations under this Agreement.
    b. The Lessee becomes insolvent or makes an assignment of rights or property for the benefit of creditors or files for or has bankruptcy proceedings instituted against it under the Federal bankruptcy law of the United States or other competent jurisdiction.
    c. A writ of attachment or execution is levied on the Equipment and is not released or satisfied within 10 days.

Remedies
19. On the occurrence of an Event of Default, the Lessor will be entitled to pursue any one or more of the following remedies (the “Remedies”):

a. Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Lessee.
b. Apply the Deposit toward any amount owing to the Lessor.
c. Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.
d. Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Lessee waives any and all damage occasioned by such taking of possession.
e. Terminate this Agreement immediately upon written notice to the Lessee.
f. Pursue any other remedy available in law or equity.

Additional Clauses
20. Lessor will not be responsible for damage or property loss (including bad beer) to the Lessee resulting from use or operation of the rented keg.
21. Lessee is responsible for cleaning and sanitizing the keg prior to its use. The keg may be returned dirty, but must be emptied of liquid.

 

Governing Law
22. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Washington (the “State”), without regard to the jurisdiction in which any action or special proceeding may be instituted.

General Terms
24. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
25. Time is of the essence in this Agreement.
26. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party to this Agreement.
27. Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.

Notice to Lessee
28. NOTICE TO THE LESSEE: This is a lease. You are not buying the Equipment. Do not rent kegs with DashBrew or through the DashBrew.com website before you read this agreement. You are entitled to a completed copy of this Agreement when you agree to it.  To receive the copy, please email gregory@dashbrew.com