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1. The provisions of these terms & conditions are an integral part of this agreement.. 2. easywatercoolers (“Supplier”) and the person named in the order form as the customer (“Customer”) agree, on the terms and subject to the conditions of this agreement that:
2.1 the Supplier will let on simple hire and the Customer will take on simple hire the equipment described (“Equipment”) at the Rental Terms specified and for the Rental period specified.
2.2 The Supplier will sell and the Customer will purchase Branded easywatercoolers refills of mineral water, cups and other products (“Products) at the intervals agreed from time to time by the Supplier and the Customer at the prices as charged from time to time. 2.3 Payment for products and rental will be made within 30 days of receipt of invoice. 3. The Customer will pay a deposit on each bottle and the Supplier will refund that deposit in full when the water bottle is returned.
4. The Supplier will:
4.1 deliver the Equipment to the location specified (“Location”)
4.2 deliver the Product to the Location(s) at the agreed intervals. 5. This agreement will commence on the date of delivery of the Equipment to the Location (“Commencement date”) 6. The Equipment is the property of the Supplier and the Customer undertakes to keep it in good working order and condition, to protect it from any abuse or damage and not to remove it from the Location. In the case of loss or damage, the Customer will pay for any repairs to or replacement of the equipment other than those caused by damage arising from faulty equipment or normal usage.
7. The Supplier will maintain the Equipment in good working condition at its own cost subject to the provisions of clause 5 and will replace any equipment which malfunctions due to normal wear and tear and mechanical breakdown within 96 hours of notification.
8. The Supplier will be under no liability if the Customer permits persons not authorised by the Supplier to replace parts, maintain or repair the equipment. The Supplier reserves the right to replace any non generic parts and charge for parts and labour.
9. Except in respect of death or personal injury caused by the Supplier’s negligence the Supplier will not be liable to the Customer for any consequential loss or damage whatsoever whether caused by the negligence of the Supplier or the agents, which contract out to the Supply of the Equipment and the Products or their use, except as expressly provided in this agreement.
10. The Supplier will not be liable to the Customer or be in breach of the agreement due to any delay or failure to perform any of the Supplier’s obligations in relation to the Equipment or the Products, if the delay or failure was due to any cause beyond the Supplier’s reasonable control.
11. The Customer will carry out the daily maintenance of the Equipment and be responsible for hygiene, including day to day cleaning and bottle changing, emptying driptrays and wiping splash panels and collars at each bottle change. The Supplier may visit the Location upon reasonable notice during office hours to verify that the Customer is complying with its obligations under this clause.
12. The Equipment must be used only to dispense the bottle water supplied by the Supplier and the Customer undertakes only to use such water in conjunction with the Equipment.
13. The Customer will keep the equipment in its own possession and under its control unless prior written consent is given by the Supplier. The Customer will not sell, let, assign or dispose of the Equipment and will keep the Equipment free from any distress execution or other legal process.
14. This Agreement is for the period of 12 months from the date of installation. Beyond the primary period of 12 months, the Agreement shall continue for a further 12 months from each anniversary of the date of the initial installation subject to the right of the Customer to cancel the Agreement on each anniversary of that date by giving the supplier 1 months notice in writing.
15. The Supplier may assign its contract with the Customer to any person.
16. Upon the termination of this agreement or upon the happening of any event referred to clause 15. The Supplier will have the right to remove the Equipment from the Location without prior notice. 17. Without prejudice to any other right or remedy available to the Supplier, the Supplier will be entitled to terminate this agreement and to take possession of the Equipment immediately without notice:-
17.1 If the Customer fails to make any payment within the seven days of its due date.
17.2 If the Customer commits any other breach f this agreement which is not remedied within seven days of its commission.
17.3 If an administration, winding-up or bankruptcy order is made against the Customer. 17.4 If an affective resolution is passed for the winding –up or liquidation of the Customer.
17.5 If the Customer is unable to pay its debts within the meaning of section 123 Insolvency Act 1986.
17.6 If the Customer ceases or threatens to case to carry on business.
18. If the agreement is terminated under Clause 17, the Customer will immediately pay to the Supplier by way of liquidation damages a sum equal to the rent payable from the date of termination to the next anniversary of the Commencement Date.
19. The Customer confirms that:
19.1 they have carefully read this agreement.
19.2 They accept it as a complete expression of the terms agreed with respect to the Equipment and the Products.
19.3 there are no warranties or representations, either oral or written with respect to the Equipment and the Products which are not contained in this agreement other than those implied by law.
20. Notices:
20.1 any notices required to be given under the provisions of this agreement will be in writing and will be deemed to have been duly seved if hand delivered or sent by first class registered or recorded delivery post correctly addressed to the address of the Supplier and the Customer as set out in this agreement. 20.2 Any notice pursuant of Clause 20.1 will be deemed to have been served:-
20.2.1 if hand delivered at the time of delivery.
20.2.2 If sent by post within 48 hours of posting (exclusive of Sundays).
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