Minnesota Ice Merchandising Equipment Agreement

This Merchandising Equipment Agreement ("Agreement") outlines the terms and conditions under which Minnesota Ice, LLC ("Minnesota Ice") places and maintains branded ice merchandisers ("Equipment") at Customer locations for the exclusive sale of Minnesota Ice products.

By purchasing products from Minnesota Ice or receiving delivery of a Minnesota Ice merchandiser, the Customer expressly and inherently agrees to:

  • Be bound by Minnesota Ice’s Standard Terms and Conditions of Sale
  • This Merchandising Equipment Agreement
  • And any other applicable terms and conditions or policies provided in writing or published on the Minnesota Ice website

In the event of any conflict between terms, the terms most favorable to Minnesota Ice shall prevail.

Note: Merchandiser equipment for packaged ice has a replacement value ranging between $5,000 and $15,000, and merchandisers for cocktail ice range between $450 and $1,500, depending on size, features, and installation.

1. Equipment Ownership

All merchandisers remain the sole and exclusive property of Minnesota Ice, LLC. Placement at Customer locations is granted solely for the purpose of selling and storing Minnesota Ice products. No other products may be stored, displayed, or sold from Minnesota Ice merchandisers without express written consent.

2. Term of Service

The standard term of service is ten (10) years from the date of initial deployment. Early termination by the Customer may result in penalties, as described below, and does not waive any additional provisions set forth in separate written contracts or Minnesota Ice’s Terms and Conditions.

3. Removal & Termination Policy

a. Notice Period
A minimum of ninety (90) days’ written notice is required to initiate equipment removal.

b. Early Termination Penalties
If the Customer cancels service prior to the completion of the 10-year term, the Customer agrees to pay:

  • Full retail value of original deployment costs, including freight, installation, and setup
  • Administrative processing fees based on the market billing rates of applicable employees or departments

c. Franchise & Contracted Locations
Franchise or individually contracted locations are subject to their respective written agreements. Early termination will result in liquidated damages billed at 1.5x the greater of either the average monthly or yearly sales value for the remaining contract term, plus all applicable installation, removal, and administrative fees.

4. Equipment Return & Movement

a. Controlled Retrieval
All equipment removal must be coordinated and executed by Minnesota Ice or its authorized vendors. Customers may not move, unplug, or relocate merchandisers without prior written authorization.

b. Unauthorized Movement
Any unauthorized relocation or tampering with equipment will result in fees associated with recovery, inspection, and damage remediation.

5. Damage, Vandalism, or Loss

The Customer is responsible for any damage to merchandisers while on site, including:

  • Vandalism
  • Vehicle impact
  • Theft or loss
  • Normal wear and tear

All repairs or replacements will be billed at full retail value plus administrative fees. If a unit is deemed totaled or unrecoverable, the Customer is liable for full retail replacement cost, including freight, graphics, and administrative processing.

6. Exclusive Use

Merchandisers are for the exclusive use of Minnesota Ice products. The use of any Minnesota Ice equipment to sell or store non–Minnesota Ice product, including competitor ice, constitutes a material breach and may result in equipment removal and associated penalties.

7. Return Logistics & Fees

Return and retrieval logistics will be coordinated solely by Minnesota Ice. All associated fees—including labor, freight, and handling—will be billed to the Customer at full retail rates plus administrative costs.

8. Enforcement

Failure to comply with these terms may result in:

  • Immediate invoicing for outstanding or damaged equipment
  • Suspension of all future deliveries
  • Legal or collection action to recover losses

9. Disputes & Governing Law

This Agreement shall be governed by the laws of the State of Minnesota. All disputes shall be resolved in the courts located in Ramsey County, Minnesota.

10. Updates

Minnesota Ice reserves the right to update or revise these terms at any time. Any updates will be posted publicly and/or communicated in writing to the Customer.

11. Additional Provisions

a. Insurance Requirements
Customer may be required to carry general liability insurance that includes property coverage for third-party equipment.

b. Site Access
Customer shall provide Minnesota Ice with reasonable access to the equipment during business hours for inspection, maintenance, or pickup.

12. Right of First Refusal

If the Customer intends to replace Minnesota Ice with another ice supplier, Minnesota Ice shall have the right to match any competing offer for a similar term before such transition may occur.

13. Marketing & Co-Branding Rights

Minnesota Ice reserves the right to publicly promote its presence at Customer locations, including but not limited to logo placement, brand visibility, and promotion of local partnerships. Any co-branded signage must be approved by Minnesota Ice.

14. Default & Cure Period

If Customer fails to comply with any provision of this Agreement, Minnesota Ice may provide written notice of default. Customer shall have ten (10) business days to cure the breach before Minnesota Ice may take further action, including removal of equipment or legal recourse.

15. Security Deposit (Optional)

For high-risk, remote, or seasonal deployments, Minnesota Ice reserves the right to require a refundable deposit equal to the replacement value of each merchandiser.

16. Non-Disparagement

Customer agrees not to publicly disparage Minnesota Ice, its products, or its employees. Likewise, Minnesota Ice agrees not to publicly disparage the Customer. All disputes shall be handled confidentially unless otherwise required by law.

By purchasing Minnesota Ice products or accepting delivery of a merchandiser, the Customer confirms full acceptance of these terms, Minnesota Ice’s Standard Terms and Conditions, and any other applicable written agreements or policies.

For questions or assistance, please contact:
Minnesota Ice Customer Support
Email: info@minnesota-ice.com
Office: 755 Prior Ave N, Suite 237, Saint Paul, MN 55104