Customer agrees to the following terms of service:
- WG America Company, (a Pennsylvania limited liability corporation) DBA: “The Water Guy” ™, or affiliates, (herein referred to as WGAC), is authorized to obtain credit information from any credit reporting agency. If credit is extended, all debts incurred for all services, charges and products provided, including but not limited to rentals, delivery, bottled water, cups, coffee, artwork, design, office products, repairs, equipment, accessories, deposits, surcharges, shipping, handling, freight, fees, other products and taxes (herein referred to as “Services”). WGAC terms for open accounts for Services are net 28 days from date of invoice. Payment of all invoices for Services is required regardless if Services are documented by signature at the time of product delivery or Services rendering.
- Payment of all costs of collection of debts and outstanding balances including bank, attorney, collection, court fees, third party and any other costs incurred as long as said indebtedness to WGAC is unpaid.
- Payments will be made by the due date including all finance, late, and service charges including those assessed by a third party. Past due accounts will be assessed a minimum $15 late fee per billing cycle, or subject to a minimum finance charge of 1.5% (18% annually), whichever is greater. WGAC reserves the right to modify or eliminate credit, or terminate this agreement in the event of habitual past due balances, recurring collection efforts and late payments by customer.
- If customers dispute any portion of an invoice, customer shall notify WGAC in writing detailing the disputed amount and pay any undisputed portion of the invoice or unpaid balance within the normal terms. WGAC reserves the right to charge a $45 administrative fee for each check returned due to fund insufficiency (NSF) or stopped payments. Customer is responsible for fees from any bank, financial institution or third party.
- All returnable water bottles (herein referred to as “Bottles”) must be returned to WGAC within 28 days of termination. WGAC reserves the right to schedule the pickup of Bottles and related equipment at customer location at its discretion. Special fees for expedited Bottles and equipment pick up may apply. WGAC reserves the right to evaluate Bottles returned to ensure suitability or safety of use as a food container and meeting acceptable condition and customer is subject to forfeit of deposit as determined by WGAC.
- WGAC product pricing and availability are subject to change without notice and by expiration of promotional periods. Past due balances will automatically terminate promotional pricing, discounts and special terms.
- Deposits paid on WGAC property including Bottles and Services, may be applied to the unpaid portion of any debt incurred at the discretion of WGAC. Refunds of deposits or credit balances upon termination of Services shall be returned by WGAC after a complete analysis of account, satisfaction of any balance due, complete return of all equipment and Bottles, and evaluation of with respect to reasonable wear and tear.
- Bottle exchange fees are non-refundable and non-transferable and WGAC reserves the right to accept these Bottles for return or disposition without liability. Upon change to a Bottle exchange fee basis from a traditional deposit bottle basis, WGAC reserves the right to apply deposits at its discretion including but not limited to outstanding balances first, late fees and finance charges.
- Services including; bottled water, coffee, water filtration, office products are for a minimum term in months as specified on the front side of this agreement and are subject to purchase minimum’s and conditions at the discretion of WGAC that can change without notice and shall continue thereafter on monthly basis until terminated by either party with thirty (30) days written notice unless otherwise noted.
- If Customer has accepted free products, special pricing, discounts or modified terms and conditions under a promotional arrangement, plan or new customer introductory offer and service is terminated by either party in less than the specified term in months, customer agrees to pay a $45.00 early cancellation fee or the retail value of promotional product received, whichever is greater.
- Customer agrees to indemnify, defend, and hold harmless WGAC against all claims, damages, suits, penalties, fines, and liabilities for injury or death to persons, or loss or damage to property, including floor water damage, arising out of customers use, storage, distribution and consumption of products, operation or possession of equipment including but not limited to Services, Bottles, water coolers, coffee brewers, inline water filtration equipment, equipment waterline connections and plumbing. The indemnification provisions shall survive the termination of this agreement.
- Termination of this agreement for Services will be in writing or another form acceptable to WGAC and within 30 days of the expiration date of this agreement.
- This agreement is only assignable or transferable at the discretion of WGAC. Sublease or encumbrance WGAC property, including but not limited to Bottles and equipment is strictly prohibited. Customer may not directly or indirectly transfer any of its rights or obligations under this agreement. A fax, scan, copy or electronic version of this agreement shall be have the same force and effect and be a binding agreement.
- Customer is the operator of the equipment and in full control of the premises, including parts of the premises where WGAC employees or contractors are performing service, repair and maintenance activities. Customer will ensure that all necessary measures are taken for safe and secure working conditions during the performance of Services. Customer is solely responsible to arrange for training required under applicable safety compliance regulations. In the event that a customer requires WGAC employees or contractors to attend training, WGAC will be paid the standard hourly rate and expense reimbursement for such training attended. The attendance shall not create or expand any warranty or obligation of WGAC and shall not serve to alter, amend, or limit any part of this agreement.
- With respect to Force Majeure, WGAC shall not be liable for delay or failure to perform its obligations under this agreement due to any cause beyond its reasonable control.
- Terms and condition set forth in this agreement shall be governed under the laws of the Commonwealth of Pennsylvania, and any court action hereunder will be submitted only to a court in the County of Berks, Pennsylvania and further customer waives any right to a trial by jury in any such court action.
WGAC will provide the equipment as described, on the front side of this agreement and/or by addendum, on the following terms:
Rental Equipment will be on a rental basis at the specified rate per period and a minimum term in months from the date of its making and Loaned Equipment will be provided for customer usage at no charge per period and a minimum term in months from the date of its making as follows (unless otherwise noted): Bottled Water Coolers and Coffee Brewers -standard term -12 months and automatically renewable monthly thereafter; POU Filtration Water Coolers and Water Filtration Systems-standard term of 60 months and automatically renewable annually thereafter.
- Equipment agreement terms shall continue thereafter on an automatic renewable basis until terminated by either party with 30 days written notice.
- This agreement supersedes previous agreements specific to equipment exchanged unless otherwise agreed to by WGAC and noted on this agreement.
- Any rental paid under this agreement is considered strictly rental and not a contribution towards purchase price. WGAC remains the sole owner of the equipment at all times.
- Equipment offered and provided by WGAC under agreement, plans and promotions is subject to availability and WGAC reserves the right to provide a comparable equipment unit without notification.
- Upon early termination of this agreement, WGAC will assess a minimum early cancellation fee of $75.00 per unit, or the remaining rental, whichever is greater. Any notice of delinquency shall be considered sufficient notice to terminate this agreement and WGAC retains the right to remove any equipment for delinquency or at any other time deemed necessary. Customer shall be responsible for any costs incurred when removing or moving equipment. WGAC reserves the right to disconnect equipment connected to customer source water lines at any termination point at its discretion and cost.
- Equipment will be returned in the condition as originally installed, with respect to reasonable wear. WGAC reserves the right to charge a fee to refurbish or dispose of equipment subject to excess wear.
- Customer will allow WGAC to perform all service, repair, maintenance and warranty work to equipment, at customer location, in order to keep equipment in proper working condition. Customer will not operate, perform repairs or engage in any unauthorized activities with respect to WGAC equipment that will cause excess wear, failure, breakdown, damage or voiding of manufacturer warranty.
- Failure to notify WGAC of customer’s intent to vacate its premises shall be considered a breach of agreement.
- This equipment agreement is subject to certain conditions including but not limited to; equipment specific purchase minimums, plan terms or other Services requirements. In the event these conditions are not met, WGAC will notify the customer and reserves the right to downgrade customer equipment, charge a reasonable fee for equipment, modify equipment plan, pricing and availability, default to WGAC standard pricing, or terminate this agreement in its entirety and remove all equipment at the customer expense.
- Equipment will be used for intended purpose and all products dispensed or operated will be purchased from WGAC. Customer will not attach any in-line or interdependent equipment without the permission of WGAC.
- Customer will provide adequate electrical outlets within 4 feet of units requiring electric. Customer will provide potable and suitable water as the source water for equipment requiring connection to municipal or tap water lines. Any costs incurred in attempt to condition the source water are the responsibility of the customer. WGAC reserves the right to test customer source water at any time, without notice, for potability and suitability pertaining to water quality as determined by WGAC. In the event customer source water quality compromises suitability, customer will notify WGAC in writing or electronic mail as soon as possible and all costs to repair, replace or refurbish any equipment to its original condition with respect to reasonable wear, are at customer expense. Failure of timely and proper notification and/or correction of source water quality are considered a breach of agreement. Source water lines must be within 10 feet of equipment and suitable for connection or additional installation costs may apply.
- Customer will reimburse WGAC for any loss, damage, or destruction of equipment, including claims of landlords under the laws relating to rent distress and retention of fixtures.
- Equipment will not be moved from its originally installed location without written permission from WGAC. A reasonable pick up charge, determined by WGAC, may be charged if equipment is moved out of the normal serving area of WGAC. All equipment must be returned to WGAC within 28 days of termination. WGAC reserves the right to schedule the pickup of equipment at customer location at its discretion. Special fees for expedited equipment pick up may apply. Customer will provide adequate insurance to cover equipment.
- Upon breach or termination of this agreement, with respect to return of equipment, customer agrees to provide WGAC or its agent’s reasonable access within 10 business days.
- Failure to return equipment will be considered customer intent to purchase and customer shall be charged for the retail price of the equipment and other charges may apply.
Automatic Credit Card Payment Agreement
- WGAC is authorized to automatically charge customer’s credit card on file for all charges for Services as incurred.
- Customer will notify WGAC on a timely basis upon credit card account information change or expiration. In the event WGAC is unable to charge the credit card account on file for any reason, customer will be notified and payment shall be rendered in another form acceptable by WGAC within 5 business days.
- Customer is ultimately responsible for all amounts due charged under this credit card agreement and customer will reimburse WGAC for any expenses incurred in the collection attempt of these amounts.
- Customer has the right to cancel this payment agreement and agrees to notify WGAC in writing within 10 days of the last billing period or by the next billing period as determined by WGAC. Credit may have been extended based on this agreement and customer may be subject to other credit qualifications.