1. This agreement becomes effective from the below date.
2. The customer will receive an introduction letter with their official account number and information for assistance on the procedures for placing orders and contact details of the supplier.
3. The customer to inform the supplier within the same month of any changes to Authorized persons as per the information supplied above.
4. The contract will be for the period as selected above. The initial period as from the date of signature. Upon expiration of the initial period, the contract can be terminated with a one month written notice, by either party, or notice will replace the contract on a month to month basis with the one month termination period standing.
5. The term equipment, machine(s), dispenser bottles, etc refers to all items supplied by the supplier from the initial installation and also include items delivered and or supplied from time to time.
6. The Supplier will as far as possible make deliveries to the customer on the preferred day of delivery or as close to this as possible. A routine delivery route is generally used by the supplier. It is in the interest of both supplier and customer that water is always available. Please accommodate for this by giving sufficient notice should you require additional water.
7. Ownership of the equipment shall at all times remain vested in the supplier.
8. Upon the termination of agreement, all machine equipment must be returned in a respectable working condition (wear & tear excluded). In the event of damage to the machine equipment, the full market value of the equipment will be charged.
9. The insurance of the machine(s) / Dispenser(s) is included in the monthly rental. The insurance includes damage due to fire or theft and excludes malicious damage. The customer is to report theft or damage to the supplier with one working day and submit the attached insurance claim form also within one working day. The customer will take full responsibility for the care and safekeeping of the machine(s) from the date of delivery which shall pass back to the supplier upon receipt of all equipment. In the event of breakage/damage, or the loss thereof, fair wear and tear excluded, the customer shall be liable for a payment of R250.00 per insurance claim should the claim be approved or for the cost of replacement payable to the supplier on demand within 5 working days.
10. The customer hereby indemnifies the supplier and holds it harmless against any loss of or damage caused by or to the said machine(s) as well as to the customers Employees, property and building. The onus rests with the customer to report any faults or defects with the machine(s), maintenance work done on the machine(s) will be for the account of the supplier. (Excluding malicious damage).
11. Early cancellations will result in a penalty of the balance owing on the contract.
12. This agreement will only be binding on the supplier and customer upon the date of signature by a duly authorized representative of the supplier.
13. The equipment and machines are subject to a fair usage policy. The supplier reserves the right to apply measures to ensure that the customer’s actions do not negatively impact on the sustainability of the service. These measures are determined by the supplier at its sole discretion, so far as to complete termination of this agreement and collection of all equipment and product. In such a case the supplier shall be entitled to cancel the agreement, whereupon all machine(s) and products in the possession of the customer will be returned and any amounts still due in terms of this agreement, shall forthwith become due and payment to be made within 5 working days. Only water supplied from the supplier to be used in the machines supplied in this agreement.
14. Payment terms for those approved, will be via EFT payments, reflecting the total balance outstanding on the account and using the customer’s allocated account number and name as reference. Customers agree to pay the account in full, within 5 working days from date of statement received.
14.1 Initial Set up fee to be paid upon receipt of equipment.
14.2 Monthly rental & number of refills as per signed commitment, must be paid in advance. Latest payment date will be the 5th of every month. If any delay in payment, delivery will be suspended, but agreed monthly charges will still be billed.
14.3 Additional refills supplied during a set month are to be paid within 5 working days of receipt of invoice.
15. The customer agrees that in order to process this contract, the supplier may access personal and/or company information relating to this contract from any credit bureau. In addition the supplier reserves the right to not enter into this contract and to collect any equipment already delivered. The customer will be liable for payment of water and any rental charges for this period of usage.
16. Should the customer fail to make timeous payments for the equipment rental, equipment sale or products ordered in terms of this agreement, or refuses to accept the quantities ordered, then in such a case the supplier shall be entitled to cancel the agreement, whereupon all machine(s) and products in the possession of the customer will be returnable and any amounts still due in terms of this agreement, will become due and payable within 5 working days.
17. Deposits on additional bottles held by the customer will be calculated and charged or credited to the customer’s account quarterly (every three months). This will be reflected on a consolidated tax invoice / credit note attached to the monthly statement.
18. In the event that the contract has to be cancelled by the supplier due to a breach of any of the conditions of this agreement, the supplier shall be entitled to collect any amounts owing by the customer to the supplier, including the full value of any equipment belonging to the supplier that the customer may be in possession of which will be collected. This collection may be executed within 5 working days and an interest penalty may be billed to the customer. Clause 6 applies.
19. In the event that the customer does not pay their account timeously, the supplier reserves the right to hand over the customer to a collection agency/lawyer and to have the customer listed on ITC. In the event of the supplier having to take any legal action against the customer arising out of this agreement, the customer shall be liable to pay all Legal costs on the Attorney / Debt Collectors including collection charges and tracing fees incurred by the supplier in respect of any dispute which may arise between the supplier and the customer arising from this account or any other circumstance which may arise. The customer agrees to accept personal surety to this agreement.
20. The supplier shall be entitled, at any time during the existence of this agreement to transfer any of its rights or obligations in and to this agreement to any third party.
21. Should the above listed authorized persons or managers not be available for whatever reason when deliveries take place an employee of the customer may sign acceptance on the customers behalf.
22. The customer chooses domicilium citandi et executandi at the delivery address reflected above.
23. The equipment shall be kept at the above-mentioned address, and shall not be removed without the permission of the supplier in writing
24. The customer undertakes upon delivery to advise their landlord of the premises in which the water cooler(s) are kept, that the water cooler(s) being kept on the premises are subject to the terms of this agreement .The supplier shall also be entitled to notify the landlord.
25. The supplier reserves the right to increase prices at any stage with 30 days notification thereof.
26. This agreement notify the customers landlord and also of any breach by the customer
27. The supplier reserves the right to increase prices at any stage with 30 days notification thereof.
28. This agreement constitutes the whole agreement between the parties, and no amendment or cancellation shall be of any force and effect unless reduced in writing and signed by both parties.
29. Any provision of this agreement found to be illegal or unenforceable shall not form part of the agreement but the remaining provisions shall continue in full force and effect.