Culligan Terms and Conditions
| DEFINITIONS | |
| The “Company” | Culligan International (UK) Ltd. |
| The “Client” | The customer on whose benefit the contract is signed. |
| The “Appliance” | The watercooler or watercoolers supplied to the client. |
| The “Rental” | The annual rental fee for the Appliance excluding the BWCA Sanitisation. |
BASIS OF AGREEMENT
This Agreement contains the entire agreement between the parties. Any variation must be in writing by an authorised signatory of the Company.
The Agreement shall commence from the date of signature on the Agreement and continue for a minimum period shown on your contract and thereafter for rolling periods
as shown on your contract unless terminated (see TERMINATION & RETURN OF THE APPLIANCE)
RISK, TITLE AND ASSIGNMENT
At no time will the title to the Appliance pass to the Client.
Risk for the Appliance shall pass to the Client at the time of delivery.
The Company may assign its rights herein without requiring the Clients consent.
PAYMENT
The rental shall be due monthly in arrears within 7 days of the date of invoice (the “Month Due Date”).
If a bottle deposit has been charged in respect of every bottle supplied, it shall be refunded to the Client only in respect of bottles returned to the Company which
are (in the opinion of the Company) in a condition suitable for their re-use as the Company’s bottled water containers. Clients will receive a separate invoice for
additional products purchased that are not included in the terms of the Standard Supply Agreement. Payment of additional products will be due 30 days from the
date of the invoice and may vary in accordance with usage. If payment is not made on or before the Due Date or Annual Due Date (as the case may be) the
Company shall be entitled to: Cancel the Agreement or suspend further deliveries.
Appropriate any payment already unpaid at 3% p/a above Lloyds Bank base rate which shall accrue daily from the Due Date or the Annual Due Date (as the
case may be) and recover all other costs or expenses incurred.
PRICES
All prices quoted shall be inclusive of delivery within the ordinary distribution area of the Company provided that the Company shall reserve the right to charge a
delivery fee in the event that it is necessary to deliver water or the Appliance as part of a non-scheduled delivery. The company shall have the option of raising
any prices previously charged. In addition the company may also levy additional charges as necessary to cover factors outside their control including but not
limited to changes in legislation, congestion charging and increases in the cost of fuel. Non direct debit accounts may be subject to a administration charge of £5, per account.
INSURANCE
The Client shall insure the Appliance for the sum advised on the Culligan purchase price list on a fully comprehensive basis.
If the Appliance is lost, stolen or damaged, the Client must immediately notify the Company and the insurers.
LOCATION AND USE OF THE APPLIANCE
The Appliance shall not be moved from the place where installed by the Company.
The Client shall notify the Company promptly in writing of any intended change in address.
Proper environmental conditions must be maintained for the Appliance.
The Appliance shall be operated in accordance with the instructions supplied by the Company.
CLIENTS OBLIGATIONS
During the continuance of this Agreement the Client shall:
Not make any modifications to the Appliance.
Ensure that the Appliance external surfaces and drip-tray are kept in sanitary condition.
Be responsible for the bottle changing and the safe storage of bottles.
Provide safe access to the Appliance and ensure the health and safety of the Company’s personnel whilst on the premises.
Promptly notify the Company if the Appliance is not operating correctly.
Only dispense water supplied by the Company and not refill empty bottles with tap water or otherwise.
At all reasonable times, allow Company personnel to visit the premises to inspect the Appliance.
REPRESENTATION, WARRANTIES AND EXCLUSIONS OF LIABILITY
The Company shall maintain the Appliance as regards fair wear and tear, but accepts no liability to repair the Appliance in respect of accident, wilful damage,
negligence, abnormal environmental conditions, misuse or failure to follow the instructions.
The Company’s liability to any party howsoever arising is limited to £150 except in cases of personal injury or death.
Except in respect of personal injury or death caused by the Company’s negligence it shall not be liable for any consequential loss, damage or compensation
which arise in connection with the Appliance and the supply of water except as provided herein.
All Warranties, or other terms implied by statute or common law are excluded to the extent permitted by the law.
The Company shall not be in breach for failure to perform its obligations if due to a cause beyond its control.
All descriptions, weights and dimensions appearing in any of the Company’s documents are approximate only.
TERMINATION AND RETURN OF THE APPLIANCE
This Agreement may be terminated.
Promptly by the Client giving written notice to the Company at least one month before each anniversary of this Agreement. For the avoidance of doubt, in the
event that the Client terminates this Agreement less than one month before any anniversary of this Agreement, this Agreement shall be terminated forthwith but
the Client shall remain liable to the Company for the whole of the subsequent year’s Rental relating to the Appliance. No refund of the Rental shall be payable
by the Company to the Client upon termination of this Agreement.
Forthwith by the Company if the Client fails to pay sums due and such sums remain unpaid for 10 days after the Due Date or the Annual Due Date.
Forthwith by the Company on giving notice if the Client commits any material or persistent breach of this Agreement.
Without affecting the rights of the Company which are expressly intended to come into force on or after such termination.
Upon termination of the Agreement, the Client shall forthwith allow the Company to repossess the Appliance and bottles and shall grant all such rights to the
Company necessary to facilitate the same.
No credit will be provided for any water that has been delivered, then not been consumed. Failure to comply with the above entitles the Company to enter the Client’s premises and take possession of the Appliance and water bottles to which this
Agreement relates.
CLIENTS WARRANTY
The Client warrants that it has not relied on any oral representations made by the Company which are not also confirmed in catalogues, publicity material and
price lists valid at the time.
NOTICES
All communications to be made hereunder shall be in writing and sent by first class post or facsimile. Any notice shall be deemed received 3 days after posting
to the correct address or upon receipt of “answerback” bearing the correct facsimile number.
