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Terms & Conditions
Plumbed In Contracts
- All equipment including coolers (the “Equipment”) sold or leased are supplied to the Customer by SWITHLAND SPRING WATER LTD (the “Lessor”) on the terms and conditions described in this
agreement. The equipment furnished to the Customer by the Lessor shall remain the property of the
Lessor unless sold.
- The Lessor shall have access to the Equipment at all reasonable times and for such purpose may enter on the premises where the Equipment may be located for the purpose of carrying out its
obligations and exercising its rights hereunder.
- The Lessor may at its discretion from time to time withdraw the Equipment from the Customer and substitute it with Equipment comparable in performance but not necessarily identical in appearance
and the terms and conditions of this agreement shall continue to apply to such substituted equipment.
- The Lessor shall not be liable for any damages caused by the Equipment, 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 the Lessor 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 the lessor
for death or personal injury resulting from its negligence.
- The Lessor 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 the Lessor for invoices unpaid for a period in excess of 45 days
(b) The Customer’s abandonment of the Equipment
(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, when this agreement terminates, the Customer shall return the Equipment in the same
condition as it was originally supplied by the Lessor (ordinary wear and tear expected) unless sold.
- The Customer shall be responsible for all damage and loss to the Equipment. If the Equipment is
lost, damaged or destroyed, the Customer shall pay to the Lessor on demand the replacement cost of
any items so lost, damaged or destroyed and the Lessor 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 from the location indicated overleaf without the Lessor’s previous written consent.
- All rent and monies owing must be paid by the Customer within 30 days of the date of the Lessor’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 of3 year’s from the date of the agreement and
shall continue on the same basis thereafter unless either party should wish to terminate the
agreement. If the Customer wishes to terminate this agreement prior to the initial minimum 3 year
period, then a cancellation charge will be levied at a rate of 50% of the remaining rental due and will
be charged as a lump sum. Any wish to terminate after the minimum term 3-year term will incur a
minimum cancellation charge of £50. Either party shall give the other party one months notice in
writing at the latest one month prior to the annual review date to the other party’s place of business
of their wish to terminate the agreement.
- Upon termination of this agreement, for any reason, the Lessor may take immediate possession of
the Equipment. Termination shall not relieve the Customer from any obligation to-pay rent or other
monies owing to the Lessor. In addition, if the Customer defaults, the Lessor shall have all rights
and remedies which 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.