Terms & Conditions

BRINK’S BOX TERMS AND CONDITIONS

DELIVERY, INSTALLATION, USE & LOCATION

(a) Brink’s shall arrange for the Equipment to be delivered to and installed in each Service Location on a date mutually agreed upon by the parties (“Scheduled Installation Date”).
(b) The Customer shall be solely responsible for all fees and expenses associated with the site preparation for installation of the Equipment, repeat trips and storage costs associated with the site not being ready for installation on the Scheduled Installation Date.
(c) The Customer shall allow Brink’s access to each Service Location during The Customer’s normal business hours to remove Property from the Equipment, perform repairs or make adjustments, or to exercise any right or remedy under this Agreement.
(d) The Equipment shall be used and operated by The Customer only in the ordinary course of its business in compliance with all Documentation and in accordance with all applicable Brink’s instructions, governmental laws, rules and regulations.
(e) The Customer shall not remove the Equipment for any reason.

UNAUTHORIZED EQUIPMENT ACCESS AND ALTERATIONS

The Customer shall not permit any party other than Brink’s to service, repair or alter the Equipment without Brink’s prior written direction.

RETURN OF EQUIPMENT

Upon the expiration or earlier termination of an Equipment Term or the Agreement Term, or upon demand by Brink’s as allowed by this Agreement, The Customer shall permit Brink’s to obtain possession of the Equipment. Except as otherwise provided in Section 11, The Customer shall pay all costs incurred by Brink’s in obtaining possession of and in returning the Equipment to the storage facility designated by Brink’s.

EQUIPMENT TITLE, OWNERSHIP AND LIENS

The Customer agrees that Brink’s may lease the Equipment from one or more lessors. The Customer agrees that its interest, if any, in the Equipment is subject and subordinate to the interest of such lessor(s). THE CUSTOMER SHALL NOT ASSIGN, LEASE OR TRANSFER ALL OR ANY PART OF THE EQUIPMENT OR THE CUSTOMER’S RIGHTS OR OBLIGATIONS HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF BRINK’S. The Customer shall, at its sole cost and expense, keep the Equipment free and clear of all liens, security interests, claims and any other type of encumbrances, and shall not attempt in any other manner to dispose of the Equipment during the Agreement Term. The Customer shall defend Brink’s title to the Equipment against such claims. In the event that The Customer’s landlord claims title to or an interest in any of the Equipment, The Customer agrees to take all steps necessary, at its own cost and expense, (including taking appropriate legal action) to obtain the Equipment and return it to Brink’s. In addition, The Customer shall indemnify, defend, protect and hold Brink’s harmless from all claims resulting from its possession or use of the Equipment.

LOSS OF EQUIPMENT

If the Equipment is lost, stolen, destroyed or irreparably damaged due to any cause, The Customer shall promptly notify Brink’s in writing of the occurrence. Brink’s shall have the right, at its option, to retake possession of damaged or destroyed Equipment. Brink’s shall provide replacement Equipment for the duration of the Term of the Agreement. The Customer shall pay for the shipping and installation of replacement Equipment, which may include, without limitation, any expenses associated with any additional site preparation for installation.

THE CUSTOMER OBLIGATIONS

(a) The Customer agrees that the Equipment shall be opened only by Brink’s.
(b) The Customer shall follow all instructions provided by Brink’s for use of the Equipment. In the event of Equipment malfunction, The Customer will follow troubleshooting instructions in the Documentation. If problems persist The Customer will contact The Brink’s Customer support centre and follow instructions.
(c) The Customer shall only place Property in a Deposit Bag and only place Deposit Bags and Property in the Equipment. The Customer shall not place more than Five Euros (€5.00) of coin in a Deposit Bag at any time. The Customer shall place a Deposit Bag in the Equipment promptly after creating a deposit declaration using Brink’s Portal. Brink’s reserves the right, without obligation, to reject any Deposit Bag that is not sealed.
(d) The Customer shall not conceal or misrepresent any Property value, material fact or circumstance concerning the Property placed into the Equipment. The Customer agrees, in the event of a Loss, to be bound by the Declared Value.

REPRESENTATIONS & WARRANTIES

(a) The Customer understands and hereby agrees that any deposits by The Customer into the Equipment shall constitute the Property of Brink’s. The Customer agrees that neither The Customer nor any other entity has any possessory nor ownership rights to the Property under applicable bankruptcy laws. Therefore, the Property shall be in any event excluded from the bankruptcy estate. Other than Brink’s rights with respect to repayment of the Direct Credit, The Customer agrees that all deposits are and shall be free and clear of all liens, security interests, claims and any other type of encumbrances and The Customer is not now a party to and shall not enter into any agreement that would (i) restrict The Customer from making deposits and utilizing the Services provided by Brink’s hereunder or (ii) cause any such deposits to be subject in any manner to any lien, security interest, attachment or other process in favour of any creditors of The Customer or any other person.
(b) The Customer acknowledges that Brink’s may collaterally assign its rights under this Agreement to Third Party Lender and that Third Party Lender shall have the right to, either directly or indirectly, confirm with The Customer the value of the Property and the outstanding amounts owed to Brink’s by The Customer. In the event Brink’s collaterally assigns its rights under this Agreement to Third Party Lender, The Customer undertakes and agrees to act as a Bailee for Third Party Lender with respect to the Property or Equipment while the Property is in the Equipment at the Service Location and The Customer will comply with any written instructions provided by Third Party Lender with respect to such Property or Equipment, including without limitation, to turn over such Property or Equipment to Third Party Lender upon request.
(c) The Customer shall not remove or attempt to remove Property from the Equipment.
(d) The Customer understands and agrees that Brink’s sole obligation with respect to Direct Credit is to initiate issuance of credit via EFT to The Customer’s account at The Customer’s Bank in the Amount of the Declared Value and Variances. In no event will Brink’s be liable for the delay, failure, or refusal by The Customer’s Bank to issue such credit or any other act or omission of The Customer’s Bank.
(e) The Customer acknowledges and agrees that Third Party Lender is advancing funds to Brink’s against the Property and consents to any such assignment, and that Third Party Lender is relying on the representations, warranties and covenants by The Customer in order to induce Third Party Lender to advance against such Property. The Customer agrees to indemnify, hold harmless and defend Brink’s from and against any and all damages, loss, expenses (including attorneys’ fees), liability or claims, made at any time, or presented in any manner by any person or entity with respect to the breach of any terms of the representations, warranties and undertakings in this Agreement. Third Party Lender shall be a third party beneficiary of this Agreement.
(f) The Customer represents and warrants that the installation site will be prepared for installation as set forth under the Brink’s Site Prep Guidelines by the Scheduled Installation Date.
(g) The Customer represents that: it is domiciled in, has its principal place of business in Ireland; it has not dissolved or ceased to do business and has not commenced a proceeding under debtor relief laws, and no proceeding under any debtor relief law has been commenced against The Customer; and it is not affiliated with Brink’s.
(h) The Customer represents that (i) it is entering this Agreement for solely business or commercial purposes; (ii) The Customer’s bank account(s) provided to Brink’s for Services and payment thereof is solely for business and commercial purposes; and (iii) the Services nor such bank account(s) will be used for personal, family, or household purposes.

LIABILITY LIMITATIONS AND EXCLUSIONS

(a) Brink’s will not be liable for a deposit into the Equipment unless made using a sealed Deposit Bag or the Bill Validator.
(b) Deposit Bag Property. Failure to submit a Declared Value for a Deposit Bag shall forfeit any claim (for Direct Credit or otherwise) by The Customer. Brink’s count of the Deposit Bags collected from the Equipment at the time Property is removed by Brink’s is binding and conclusive. Brink’s shall not be liable for any unexplained shortage of the number of Deposit Bags. Brink’s count of the Property in each Deposit Bag will be binding and conclusive upon the parties. Brink’s will not be liable for any unexplained shortage within a Deposit Bag unless: (i) the Deposit Bag does not show external evidence of tampering at the time of removal of the Deposit Bag from the Equipment by Brink’s for transportation; and (ii) the Deposit Bag shows external evidence of tampering at the time of processing of the Deposit Bag at the Brink’s location(s) where Deposit Bags are processed after removal from the Equipment.
(c) Bill Validator. If Brink’s identifies that a particular Service Location experiences, at Brink’s sole discretion, a significant or recurring Variance in Property inserted via the Bill Validator, Brink’s may require that an investigation be performed, and The Customer agrees to promptly and diligently cooperate with Brink’s in determining the cause of such Variances; provided, however, such inquiry shall be completed by Brink’s within ten (10) business days of Brink’s initial notification that an investigation is required. If Brink’s finds that any Variance was caused in whole or in part by the criminal acts, misrepresentation, or fraud of The Customer or its Representatives or personnel, the applicable Direct Credit balance will be adjusted based upon the Actual Value, and Brink’s shall be entitled to debit any such Variance from The Customer’s bank account.
(d) The Customer shall not make deposits which bring the total Property in the Equipment at any one time in excess of Thirty Thousand Euros (€30,000.00). Brink’s will not issue Direct Credit in excess of this limit.
(e) Brink’s liability for any of its obligations under this Agreement, including without limitation liability for a Loss, is limited to the lesser of: (i) Thirty Thousand Euros (€30,000.00); (ii) The Customer’s Declared Value of Property subject to the Loss; and (iii) the Actual Value.
(f) Brink’s shall not be liable for non-performance or delays of service caused by internet or communication network outages, pandemics, strikes, lockouts or other labor disturbances, riots, authority of law, acts of God, fire, flood, tornado, hurricane, earthquake or other events beyond Brink’s control.
(g) Brink’s shall not be liable for any Loss caused by civil unrest, riots, fire, explosion, water damage or hazards and risks ordinarily insured against by owners or users of such properties in similar businesses.
(h) Brink’s shall not be liable for any Loss or for non-performance or delays of service (or for any cost, expense or liability related thereto) caused by or resulting from: (i) war, hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (A) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces, (B) by military, naval or air forces or (C) by an agent of any such government, power, authority or forces; or (ii) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence or confiscation by order of any government or public authority.
(i) In no case shall Brink’s be liable for any Loss or for non-performance or delays of service (or for any cost, expense or liability related thereto) directly or indirectly caused by, or contributed to, or arising from: (i) any chemical, biological, bio-chemical or electromagnetic weapon; (ii) the use or operation, as a means for inflicting harm, of any computer, computer system, computer software program, malicious code, computer virus or process or any other electronic system; (iii) ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel; (iv) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof; (v) any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; or (vi) the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause (vi) does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.
(j) Brink’s shall not be liable for any Loss, liability or expenses directly or indirectly caused, contributed to or occasioned by, happening through, resulting or arising from or in consequence of any negligence, criminal acts or fraud by The Customer, The Customer’s agents, employees or any other party.
(k) Brink’s liability whether as a result of breach of contract, tort, indemnity, warranty or otherwise, shall not, under any circumstances, include lost profits, special, incidental, consequential, indirect or punitive losses or damages, interest or attorneys’ fees, whether or not caused by the fault or neglect of Brink’s and whether or not Brink’s had knowledge that such losses or damages might be incurred.

FILING OF CLAIMS; PROOF OF LOSS

(a) In the event of any claim by the Customer for a Loss or any other claim pursuant to this Agreement, The Customer shall inform Brink’s as soon as practicable upon discovery and provide written Notice of claim to Brink’s through Brink’s Case Management, no more than fifteen (15) days after a deposit of the Property at issue into the Equipment. In the event of any claim pertaining to Change Orders, The Customer shall notify Brink’s via Brinks Case Management of any discrepancy in a Change Order within one (1) business day of delivery. The Customer shall promptly verify the Actual Value of all Deposit Bags and Change Orders, as applicable, in Brink’s Portal. The Customer shall utilize Brink’s Portal to record and track all Property placed in the Equipment and shall promptly and diligently assist Brink’s in the investigation of any Loss or suspected Loss, including, but not limited to, providing any supplemental records maintained by The Customer to track Property placed in the Equipment. The Customer shall mitigate its damages in connection with any Loss.
(b) No action, suit or other proceeding to recover for any such Loss shall be brought against Brink’s unless Notice has been given to Brink’s pursuant to Section 7(a), and such action, suit or proceeding is commenced within twelve (12) months after the Property is deposited into the Equipment.

MISCELLANEOUS.

(a) Brink’s Service obligations under this Agreement may be met by Brink’s, its authorized contractors or authorized agents (together, “Contractors”). Contractors and Thirty Party Lender shall be entitled to the benefit of every limitation and defense to which Brink’s is entitled hereunder.
(b) All “Notices” under this Agreement shall be in writing and shall be deemed given to the other party immediately upon the receipt date of a delivery service. Notice shall be sent to the party at the address shown on the front of this Agreement or to such other address as either party may specify in writing. Notice to Brink’s shall also be sent to Brink’s Case Management.
(c) The Customer hereby consents to the use and disclosure of certain The Customer information by Brink’s for compliance purposes.
(d) Each party agrees to comply with all applicable laws, rules and regulations in the performance of its obligations hereunder.
(e) The illegality or invalidity of any term, clause or provision of this Agreement shall not affect or invalidate the remainder of this Agreement.
(f) This Agreement, including the exhibits and appendices, constitutes the entire agreement and understanding between The Customer and Brink’s with respect to the Services. This Agreement supersedes any prior agreement or understanding between the parties pertaining to the Services. Except with respect to Fees and the addition of Service Locations, this Agreement may be altered, amended or superseded only in writing signed by the parties.
(g) The Customer will not assign this Agreement without the prior written consent of Brink’s.
(h) This Agreement and the rights and relationships of the parties, and all claims or causes of action (whether in contract or tort) that may be based on, arise out of or relate to this Agreement, shall be governed in all respects by, and construed in accordance with, the laws of Ireland, without regard to the conflicts of laws and principles thereof.
(i) THE CUSTOMER AND BRINK’S HEREBY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION IN CONNECTION WITH THIS AGREEMENT. This provision is a material inducement for the parties to enter into this Agreement.
(j) Notwithstanding any other provisions of this Agreement, if a breach by either party of the provisions of this Agreement that may cause the other party irreparable damage for which recovery of money damages would be inadequate, either party shall be entitled to seek timely injunctive or other equitable relief from a court with competent jurisdiction, to protect its rights under this Agreement.