TERMS AND CONDITION
PRODUCT & SERVICE POLICIES (Effective January 1, 2008)
1. DELIVERY OF PRODUCTS
Splash Water Company will sell and deliver to customer Company’s brand of bottled water in Company’s bottles, and related products. Customer will comply with all of Company’s procedures, which Company may change at any time upon reasonable advance notice to Customer. Splash water Company has 2 option of delivery (i) bi-monthly (every two weeks) there is a minimum requirement of 2 bottles per month, and (ii) “Will Call” basis: whenever customer desire water, he/she can contact at Splash and within 42 hours the delivery will be made. If there is no activity, such as purchase or payment, for more than 6 months the account will be closed automatically. Customer can return unopened bottles within 72 hours after receiving water, and for every returned bottle customer will get a full refund.
2. USE OF RENTALS AND BOTTLES
Company will lease to Customer such coolers and/or equipment as noted on Customer’s Agreement (“Rented Equipment”). Customer acknowledges that this is a true lease, Customer has no equity or ownership rights in the Rented Equipment, and Customer can purchase the Rented Equipment only if Customer and Company agrees. Company will install the Rented Equipment at Customer’s address and maintain it in good working order at no extra cost provided. If Customer’s negligence, abuse or misuse causes damage which requires any repair or replacement, Customer will pay Company all such costs on demand. The Rented Equipment and bottles are, and will at all times be, Company’s sole and exclusive property, and Customer will have no right, title or interest therein except as expressly set forth herein. Customer will use the Rented Equipment and all bottles only for Company’s Products, and will not reuse or refill bottles for any purpose whatsoever. Customer will at all times operate and maintain the Rented Equipment and bottles in a safe and proper manner in accordance with Company’s instructions, and keep them in a sanitary condition. Customer will clean and maintain the Rented Equipment periodically and at least once every three months, as outlined in the Company-approved guidelines. Customer (i) will not remove the Rented Equipment, as applicable, from Customer’s location without Company’s prior written consent, (ii) will not alter the Rented Equipment in any manner, and (iii) will notify Company immediately if the Rented Equipment or any bottles are stolen, lost, damaged or destroyed. Customer will permit Company to enter Customer’s premises at reasonable times to inspect and repair or exchange the Rented Equipment and to deliver or pick up bottles. Company also sells equipment for purchase. If Customer purchases equipment, he/she will be responsible for all repair or replacement costs after expiration of the warranty period, if any. Upon termination of service, Customer will permit Company to retrieve the rented Equipment and/or bottles, which will be in the same condition as received by Customer, reasonable wear and tear excepted. If Customer fails to return any such equipment or bottles, Customer will pay Company the full replacement value thereof.
3. PRICE GUARANTEE
Any price increase in Products thereafter or any administrative or other charges added will be effective no earlier than thirty (30) days after notice to Customer.
4. CHARGES
Customer will pay all charges for Products, Rented Equipment, purchased equipment, including all applicable California Redemption Value or taxes on some Products. If Customer does not pay any charge within fifty-six (56) days of the invoice date, Customer will pay Company the greater of a late fee not to exceed $15. Customer will make all payments hereunder without set-off, counterclaim or defense. If the rented equipment and used bottles are not returned to Splash Water Company within 30 days of the termination of service and /or is lost, stolen, destroyed or damaged in any respect, Customer will be charged the full replacement value of the equipment as determined by Splash Water.
5. RETURNED CHECKS
If a check is returned unpaid to Splash Water Company, Customer signature on the check gives Splash Water permission to debit their checking account for the original amount due, plus a service fee of $25.00. Otherwise, there is a $25.00 charge for all checks returned from the bank. Payment by check constitutes acceptance of these terms.
6. RISK OF LOSS
Customer assumes risk of loss or damage to the Rented Equipment and bottles in Customer’s possession and will be responsible for all liability resulting from their use and operation. Customer will pay Company upon demand costs to repair or replace any lost, stolen, damaged or destroyed rented Equipment and/or bottles, as determined by Company. Splash Water Company reserves the right to disconnect service at any time, with or without notice, for late payment or nonpayment of any amount due Splash Water. Customers wishing to resume service must pay charges in full, up to and including any past due amount (late fees). Splash Water reserves the right not to resume service based on the history of payments.
7. DISCLAIMER OF WARRANTY
COMPANY DOES NOT MANUFACTURE THE EQUIPMENT PROVIDED TO CUSTOMER, IF ANY, AND, UNLESS OTHERWISE SPECIFICALLY SET FORTH IN WRITING BY COMPANY, HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH EQUIPMENT, ITS SUITABILITY OR FITNESS FOR ANY PURPOSE OR MERCHANTABILITY. CUSTOMER ACCEPTS SUCH EQUIPMENT "AS IS." NO DEFECT IN OR UNFITNESS OF SUCH EQUIPMENT, NO LOSS OR DAMAGE THERETO AND NO OTHER CONDITION WHATSOEVER WILL RELIEVE OR SUSPEND CUSTOMER’S OBLIGATIONS, WHICH ARE ABSOLUTE AND UNCONDITIONAL. TO THE FULL EXTENT PERMITTED BY LAW, COMPANY WILL INCUR NO LIABILITY WHATSOEVER TO CUSTOMER ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN OR CONDITION OF SUCH EQUIPMENT OR ITS USE, OPERATION OR FUNCTION.
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