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Terms & Conditions
- All equipment including Water Coolers (the “Equipment”) sold or Rented and bottles designed to contain Spring Water for use therewith (the “Bottles”)
are supplied to the Customer by SWITHLAND SPRING WATER LTD (“SSW”) on the terms and conditions described in this agreement. The equipment and the Bottles furnished to the Customer shall remain the property of SSW unless sold.
- SSW shall have access to the Equipment and the Bottles at all reasonable times and for such purpose may enter on the
premises where the Equipment and the Bottles may be located for the purpose of carrying out its obligations and exercising its
- SSW shall not be liable for any damages caused by the Equipment, the Bottles, servicing of the Equipment or other
performance under this Agreement. The sole and exclusive remedy for any breach of condition or warranty express or implied
statutory or otherwise including liability for negligence on the part of SSW shall be limited to the repair or replacement of any
defective Equipment or other items supplied and shall in no event include any liability for incidental or consequential loss or
damage. Nothing herein however shall be deemed to restrict or exclude any liability of SSW for death or personal injury
resulting from its negligence.
- SSW may terminate the Agreement if any of the following shall happen;
(a) Non-payment when due of any rent or others monies owing by the Customer to SSW for invoices unpaid for a period in excess of 45 days
(b) The Customer’s abandonment of the Equipment or the Bottles
(c) The Customers failure to perform any of the terms and conditions on its part as required by this agreement or
(d) The Customer becoming bankrupt or insolvent, or being a company making an assignment for the benefit of creditors
or ceasing to do business as a going concern or entering into liquidation whether compulsory or voluntary or having a
receiver appointed or taking or suffering any similar action in consequence or debt.
- The Customer shall take good care of, properly use and keep clean and sanitary at all times the Equipment and the Bottles,
when this agreement terminates, the Customer shall return the Equipment in the same condition as it was originally supplied by
SSW (ordinary wear and tear expected) unless sold.
- The Customer shall not modify or repair the Equipment and shall not refill or otherwise re-use the Bottles. The equipment
shall only be used for the dispensing of SSW Bottles of Swithland Spring Water.
- The Customer shall be responsible for all damage and loss to the Equipment and the Bottles. If the Equipment or the Bottles
are lost, damaged or destroyed, the Customer shall pay to SSW on demand the replacement cost of any items so lost, damaged
or destroyed and SSW shall be entitled to utilise any deposits made by the Customer towards the replacement of such items.
- The Customer will not lend, let, hire, assign, transfer, charge, dispose of or part with the possession of the Equipment or the
Bottles from the location indicated overleaf without SSW previous written consent.
- The Customer agrees to pay a deposit at the prevailing rate for each Bottle delivered to the Customer. SSW agrees to refund
the deposit when the Bottle is returned in good condition.
- All rent and monies including charges for water, delivered by SSW, must be paid by the Customer within 30 days of the date of
SSW’s invoice if any invoice remains outstanding after thirty days, interest becomes payable in addition calculated on a daily
basis from the due date of payment at a rate of two and a half per cent per month. Equipment rentals shall be payable in
advance and invoicing for all other products and services shall be monthly.
- This agreement shall be binding for a minimum period of 6 months from the date of the agreement and shall continue on the
same basis thereafter unless either party should wish to terminate the agreement. They shall give the other party one months
notice in writing at the latest one month prior to the 6 mthly review date to the other party’s place of business of their wish to
terminate the agreement.
- Should the Customer wish to Terminate, within the agreed Contract Period or without sufficient notice, SSW have the right to
charge a nominal Cancellation Fee amounting to £25.00 to cover the costs of recovery of the Equipment and Bottles.
- Upon termination of this agreement, for any reason SSW may take immediate possession of the Equipment and Bottles.
Termination shall not relieve the Customer from any obligation to-pay rent or other monies owing to SSW. In addition, if the
Customer defaults, SSW shall have all rights and remedies that are available to it under applicable law as well as the right to
recover reasonable collection costs, including reasonable legal costs, from the customer.
- This agreement shall be governed by and construed in accordance with the laws of England.