Terms of Service

This Equipment Lease ("Lease") is made effective as of __________________ ("Effective Date"), between Cache Valley Chick-n-Feed llc, 346 E 2520 N, North Logan, Utah 84341 ("Lessor"), and ______________________________, _________________________ ("Lessee").

 

Equipment Subject to Lease.  The Lessor shall lease the equipment listed on the attached "Exhibit A." Equipment(s) applicable to this Lease are marked with an “X” or circled.

 

Payment Terms.  Lease as indicated is due and payable at the time the equipment is received by the Lessee.

The total Lease payment, based on a rate of (Check all that apply):

 

[X] $20 cleaning deposit, refundable with return of equipment in a clean state. (Washing of hatching base of hatching residue, wiping the inside of dome with dry, lint free cloth. Do not use abrasives, dishwashers, or water over 120 F for cleaning. Do not wet or submerge any part of the incubator or other equipment(s) containing electrical parts. Do not disassemble equipment for cleaning or any other reason.

 

[  ] 25 days lease for each Nurture Right 360 22 Egg capacity incubator.  #Units Leased_____

 

[  ] 25 days lease for each Brinsea Maxi Advanced 24 egg capacity incubator. 1 disposable hatching mat included. #Units Leased_____

 

[  ] 25 days lease for each Brinsea Ovation Advanced 28 egg capacity incubator. 1 disposable hatching mat included. #Units Leased: _____

 

[  ] Extended Hatch: 35 days lease for Brinsea Maxi Advanced 24 or Nurture Right 360  incubator. 1 disposable hatching mat included as applicable. For waterfowl and exotic fowl hatching.

 

[  ] 25 days use of 1 Egg Candler.

 

[  ] CLASSROOM Hatch Week Experience. Included is full incubation services by the Lessor leading up to Hatch Week. Hatch Week: 1-2 Day in-classroom rental of available incubator for watching the hatching process. 6-10 developed Embryo eggs ready for hatch, and 1 Brinsea hatching mat as applicable. The hatching equipment as listed shall be returned to the Lessor after the hatch process is complete. Provided Services: assistance with the setup of the equipment, instructions on maintenance and expectations of the equipment, and reasonable assistance or physical presence aiding in a successful hatching experience, answering classroom questions about caring for hatching eggs and chicks, aide in physically transferring chicks from the incubator to the brooder and teaching the chicks to eat and drink to encourage the chicks to thrive. Lessor may offer a short demonstration and question and answer session for classroom occupants, if it is communicated beforehand with the teacher via email, text, or other electronic communication methods.

 

Section A: Scheduling. An incubator and brooder furnished with heat source, bedding, waterer, feeder and chick feed,           delivered to the Leese’s classroom on the pre-scheduled Monday. Tuesday is considered Hatch Day, Wednesday through Friday are brooding days.

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Section B: Ownership of Live Poultry & Advertising Allowance. All resulting live poultry/fowl remain the sole property of the Lessor, and shall be returned at the termination of the Experience at the end of the final school day of the given week. Efforts will be taken to maximise visibility of eggs and/or chicks, but participants in the experience are not allowed to touch or handle eggs and/or poultry. Poultry are not for sale while on school property. The Lessor’s business information may be listed on a small plaque or label beside or on the equipment, or business card(s) furnished to the Lessee, for referring parents or other individuals that have an interest in purchasing chicks or poultry supplies from the Lessor. In the event of a “total loss” of a hatch to produce any live poultry/fowl, the Lessee may receive, at the sole discretion of the Lessor upon reviewing the circumstances of the loss, a voucher for booking an equivalent experience at a future time. All sales are final and not refundable for any reason.

 

[  ] Raise-a-Flock Experience for Individuals and Families

Includes 25 Days use for any available incubator, and one Brinsea hatching mat if applicable to the model. The hatching equipment, excluding disposable hatching mats, shall be returned to the Lessor upon termination of the lease.  Up to 7 hatching eggs from the Lessor’s flock(s) are included, additional eggs may be purchased for a separate charge. See Biosecurity Practices for important notes on acquiring additional eggs from an external source. Upon return of hatching equipment, lease covers up to 45 days use of 1 chick brooder, complete with one heat plate and/or lamp, 1 bale pine bedding, 1 age appropriate sized feeder(s), 1 waterer, and a 50lb bag of 22% Super Start feed. Additional feed may be purchased separately. In the event of failure of the incubation period to produce any live poultry/fowl, the Lessee may receive, at the sole discretion of the Lessor upon reviewing the circumstances, a voucher for booking an equivalent experience at a future time. All sales are final and not refundable for any reason.

 

Section A: Biosecurity Practices. The Lessee is required by the Lessor to agree to only source hatching eggs and/or poultry from an NPIP certified source. Cache Valley Chick-n-Feed pcc is NPIP certified. These sources generally include commercial mail order hatcheries, non commercial hatcheries operated by NPIP certified breeders, and other registered online or local entities that can legally ship live poultry across state lines. A copy of the receipt of purchase for all externally sourced hatching eggs, and/or NPIP Notice of Sale for additional live poultry/fowl purchased by the Lessee during the brooding phase, is to be furnished to the Lessor as proof that there are adequate efforts comply with legal and ethical prevention of contagious avian disease during all stages of the Raise-a-Flock Experience. If this requirement is not met, any return/surrender of any poultry will be denied, no exceptions!

 

Section B: Ownership. The Lessee retains ownership of all live pullets at no additional cost, and males may be voluntarily surrendered if desired. All surrendered poultry becomes the immediate and sole property of the Lessor. Chicks of undeterminable sex at 6 weeks old may also be surrendered if they manifest male secondary traits before 16 weeks of age, considered to be the point of sexual maturity in cockerels. The Lessee indemnifies and holds the Lessor harmless regarding all personal, civil, or criminal liabilities incurred regarding the keeping of any poultry, fowl, including cockerels, by the Lessee. Acknowledgement and observance of City Ordinances regarding the keeping of poultry, including cockerels, is solely the responsibility of the Lessee. All costs associated with the care of any surrendered poultry/fowl while it was in the physical possession or ownership of the Lessee is the responsibility of the Lessee, regardless of when the poultry are surrendered to the Lessor.

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Late Charge.  If the equipment is not returned within 2 calendar days after termination of the lease agreement, the Lessee shall pay to the Lessor a service charge of $5 per calendar day until the equipment is returned to the Lessor. If there is a failure by the Lessee to reply to the Lessor’s attempts at communication in regard to the return of equipment, or a failure to physically return all equipment to the Lessor's possession within 10 calendar days upon termination of the lease, the Lessor may, with or without previous notice to the Lessee, report the equipment stolen to law enforcement and enact the terms of Rights on Default.

 

 

Non-Sufficient Funds.  The Lessee shall be charged $25.00 for each check that is returned to the Lessor for lack of sufficient funds.

 

Lease Term.  This Lease shall begin on the above Effective Date and shall terminate on ________________, unless otherwise terminated in a manner consistent with the terms of this Lease.

 

Location Of Equipment.  The equipment shall be located at 

________________, _________________, city of __________________Utah, Zip Code __________, during the Lease term, and shall not be removed from that location without the Lessor's prior written consent.

 

Care and Operation of Equipment.  The equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment, including registration and/or licensing requirements, if any. The Lessee is responsible for the operation of the equipment in the manner for its intended use, and for reporting any failure of the equipment immediately.

 

Alterations.  The Lessee shall make no alterations to the equipment without the prior written consent of the Lessor. All alterations shall be the property of the Lessor and subject to the terms of this Lease.

 

Maintenance and Repair.  The Lessee shall maintain, at the Lessee's cost, the equipment in good repair and operating condition, allowing for reasonable wear and tear. Such costs shall include labor, material, parts, and similar items

 

Lessor's Right of Inspection.  The Lessor shall have the right to inspect the equipment during Lessee's normal business hours.

 

Return of Equipment.  At the end of the Lease term, the Lessee shall be obligated to return the equipment to the Lessor at the Lessee's expense.

 

Option to Renew.  If the Lessee is not in default upon the expiration of this lease, the Lessee shall have the option to renew this Lease for a similar term on such terms as the parties may agree at the time of such renewal based upon if the equipment is still available for lease at the time of termination.

 

Acceptance of Equipment.  The Lessee shall inspect each item of equipment delivered pursuant to this Lease. The Lessee shall immediately notify the Lessor of any discrepancies between such items of equipment and the description of the equipment in the Equipment Schedule. If the Lessee fails to provide such notice before accepting delivery of the equipment, the Lessee will be conclusively presumed to have accepted the equipment as specified in the Equipment Schedule.

 

Ownership and Status of Equipment.  The equipment will be deemed to be personal property, regardless of the manner in which it may be attached to any other property. The Lessor shall be deemed to have retained title to the equipment at all times, unless the Lessor transfers the title by sale. The Lessee shall immediately advise the Lessor regarding any notice of any claim, levy, lien, or legal process issued against the equipment.

 

Warranty.   The Lessor warrants that the above property is in good working condition, but makes no further warranties, express or implied.

 

Risk of Loss or Damage.  The Lessee assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to the Lessor in the condition received from the Lessor, with the exception of normal wear and tear, unless otherwise provided in this Lease.

 

Indemnity of Lessor for Loss or Damages.  Unless otherwise provided in this Lease, if the equipment is damaged or lost, the Lessor shall have the option of requiring the Lessee to repair the equipment to a state of good working order, or replace the equipment with like equipment in good repair, which equipment shall become the property of the Lessor and subject to this Lease. The estimated valuation of the equipment is between $350-$550.

 

The Lessee indemnifies the Lessor of all personal, civil, or criminal liabilities incurred regarding the keeping of any poultry/fowl including cockerels, at their residence.  Acknowledgement and observance of all City Ordinances regarding the keeping of poultry/fowl, including cockerels, is the responsibility of the Lessee. Any and all costs associated with care of poultry/fowl while in the physical possession or ownership of the Lessee is the responsibility of the Lessee, regardless of when any poultry are surrendered to the Lessor.

 

Liability and Indemnity.  Liability for injury, disability, and death of workers and other persons or participants, including minors, caused by operating, handling, or transporting the equipment during the term of this Lease is the obligation of the Lessee.  The Lessee also indemnifies the Lessor against any costs, harm, or damages, whether monetary, physical, emotional, or otherwise, resulting from the loss/destruction/death of eggs, developing embryos, or any hatched live poultry/fowl, regardless of the cause. All sales regarding rental of the equipment are final regardless if live poultry/fowl are produced at the end of the lease period, without any guarantees of refund or vouchers towards a future rental agreement.

 

Casualty Insurance.  The Lessee shall insure the equipment in an amount sufficient to cover the replacement cost of the equipment.

 

Taxes and Fees.  During the term of this Lease, the Lessee shall pay all applicable taxes, assessments, and license and registration fees on the equipment.

 

Default.  The occurrence of any of the following shall constitute a default under this Lease:

 

(a) The failure to make a required payment under this Lease when due.

 

(b) The violation of any other provision or requirement that is not corrected within 5 day(s) after written notice of the violation is given.

 

(c) The insolvency or bankruptcy of the Lessee.

 

(d) The subjection of any of Lessee's property to any levy, seizure, assignment, application or sale for or by any creditor or government agency.

 

Rights on Default.  In addition to any other rights afforded the Lessor by law, if the Lessee is in default under this Lease, without notice to or demand on the Lessee, the Lessor may take possession of the equipment as provided by law, hold the Lessee responsible for reimbursing the Lessor the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Lessee responsible for any deficiency. The rights and remedies of the Lessor provided by law and this Agreement shall be cumulative in nature. The Lessor shall be obligated to re-lease the equipment, or otherwise mitigate the damages from the default, only as required by law.

 

Notice.  All notices required or permitted under this Lease shall be deemed delivered when delivered in person or by mail, postage prepaid, addressed to the appropriate party at the address shown for that party at the beginning of this Lease.

 

Assignment.  The Lessee shall not assign or sublet any interest in this Lease or the equipment or permit the equipment to be used by anyone other than the Lessee or the Lessee's employees or associates, without Lessor's prior written consent.

 

Entire Agreement.  This Lease contains the entire agreement of the parties with respect to the subject matter contained herein. No other promises, warranties, representations, agreements, or understandings, whether oral or written, exist concerning this subject matter. This Lease supersedes any previous or simultaneous oral or written promises, warranties, representations, agreements, or conditions between the parties.

 

Amendment.  This Lease may be modified, amended, or supplemented only if the changes are made in writing and signed by all parties.

 

Governing Law.  This Lease shall be governed by the laws of Utah.

 

Severability.  If any provision of this Lease shall be held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid, illegal, or unenforceable, but that by limiting such provision, it will become valid, legal, and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

 

Waiver.  The failure of either party to enforce any provision of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease.

 

Certification.  The Lessee certifies that the application, statements, trade references, and financial reports submitted to Lessor are true and correct and any material misrepresentation will constitute a default under this Lease.

 

Dispute Resolution.  The parties will attempt to resolve any dispute arising out of or relating to this Lease through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the following Alternative Dispute Resolution (ADR) procedure. If any controversies, claims, or disputes arising out of or relating to this Lease cannot be resolved through negotiation, they will be resolved by binding arbitration under the rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Lease. The arbitrator's decision will be final, and any court with proper jurisdiction may enter judgment upon it. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Lease.

 

Biosecurity Practices of Hatching Eggs and Live Poultry/Fowl. The Lessee is required by the Lessor to agree  only to source hatching eggs from an NPIP certified source. These sources generally include commercial hatcheries, non-commercial hatcheries operated by NPIP certified breeders, and other registered online or local entities that can legally ship live poultry across state lines via mail orders. A copy of the receipt of purchase for externally sourced hatching eggs and/or live poultry/fowl acquired by the Lessee when the Rooster Return Policy is still in determination, is to be furnished to the Lessor as proof that adequate efforts are in place to comply with legal and ethical poultry disease prevention and biosecurity practices of Cache Valley Chick-n-Feed llc.

 

Failure of Hatch to Produce Live Specimen(s). It is important to note that the success of hatching fowl/poultry eggs is entirely dependent on the fertility and age of the eggs before incubation, the acquiring of eggs requiring shipping which can damage or kill the embryo(s) during transit, and the consistent operation of the incubator by the Lessee in a manner that is appropriate to encourage eggs to develop and hatch. The Lessor is generally happy to answer questions and concerns during the hatching experience whenever possible. Regardless of any advice, assistance, availability of assistance, or availability of alternative equipment in the event of sudden mechanical failure of the leased equipment or any other reason, the outcome of any incubation, hatching rate, and thriving of poultry/fowl with brooding equipment, is solely the responsibility of the Lessee.

 

Equipment ​Exhibit A 

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Equipment Schedule

 

Check All that Apply:

 

[   ] Equipment Description: Incubator Brinsea MAXI 24 Advance

 

[   ] Brinsea Maxi 24 Adapter plates for large fowl eggs,  4 pieces 

 

[   ] Equipment Description: Incubator Brinsea Ovation 28 Advanced

 

[   ] Adapter racks for quail eggs for Brinsea Ovation Advanced, 4 pieces

 

[   ] Equipment Description: Incubator Harris Farms Nurture Right 360

 

[   ] Equipment Description: Egg Candler

 

[   ] Classroom Chick Brooder

 

[   ] Indoor Only Brooding Plate

 

[   ] Indoor/Outdoor Brooding Lamp

 

[   ] 2 Stage Brooder (Chick to Pullet)