UltraPure Bottling Systems, LLC.
WATER COOLER RENTAL AND WATER SERVICE AGREEMENT
You acknowledge that you are the Customer or person authorized by the Customer to accept the terms of this Water Cooler Rental and Water Service Agreement (the “Agreement”). You authorize UltraPure Bottling Systems, LLC. ("UBS") to obtain your consumer credit report to determine your credit worthiness and you understand UBS may report information concerning your UBS account to credit bureaus and similar institutions. You may cancel this Agreement at any time prior to midnight of the third business day after the Effective Date of this Agreement without fee. See Section 13 below for an explanation of this right.
1. Scope. This Agreement is entered into between you and UltraPure Bottling Systems, LLC. for the rental of a water cooler and for the purchase and delivery of bottled water, related services and equipment. In this Agreement, the words, "Customer", "you", and "your" mean the person who entered into this contract as the Customer.
2. Term. This Agreement begins on today's date (the “Effective Date”) and shall be in effect on a period-to-period basis until terminated in accordance with this Agreement.
3. Payments. You agree to pay UBS (i) for all bottled water and other products, services and equipment delivered, plus applicable tax, and (ii) the water cooler rental fee, plus applicable tax, and (iii) all other fees and charges as provided in this Agreement. These amounts are due by the payment due date specified on each invoice. Customer will be invoiced approximately every 28 days. If you have elected to make payments by credit card, you authorize UBS to make a recurring charge each billing period against your credit card account. UBS shall not be liable for any fees or penalties imposed by your financial institution, including fees for insufficient funds or over-limit charges, in connection with such payments. You may change the method of payment upon written notice to UBS as per Section 11 below.
4. Title. All water bottles, water coolers and related equipment shall remain the exclusive property of UBS. Water cooler rental payments do not apply toward the purchase of the water cooler.
5. Fees. In addition to the payments in Section 3 above, you agree to pay the following fees in connection with this Agreement. You agree to pay a late fee equal to the maximum allowable by law for any payment which is past due. You agree to pay a returned check fee of $25.00 for any check that is returned unpaid. UBS, in its sole discretion, may apply a variable Energy Surcharge to your account once per billing period. The Energy Surcharge is based on the Monthly U.S. Average On-Road Diesel Price as published by the U.S. Department of Energy, Energy Information Administration. After reviewing your credit report, UBS may request, and you agree to give UBS, a security deposit of $50.00. When this Agreement terminates, UBS may apply the security deposit against any amount then payable hereunder. Any remaining balance will be refunded to you. You agree to pay a bottle deposit not to exceed $6.00 per bottle. Bottle deposits are refundable, subject to the return of the empty bottles in good condition, normal wear and tear excepted. Charges and credits for bottles will appear on each invoice. You agree to pay UBS a replacement fee for any water cooler that is lost or damaged while in your possession, normal wear and tear excepted.
6. Change In Terms. UBS may change the terms of this Agreement, including pricing, fees and charges, at any time, upon no less than twenty-eight (28) days prior written notice to you. If you do not consent to the change, you agree to notify UBS within twenty-eight (28) days to terminate your service.
7. Termination. You may terminate this Agreement at any time, for any reason, by doing all of the following: (i) providing written notice to UBS at least twenty-eight (28) days prior to the desired termination date, and (ii) within fourteen (14) days following any termination of this Agreement, you agree to return all water bottles, water coolers and equipment in good condition, normal wear and tear excepted, to your Route Sales Representative.
8. Default. You will be in default of this Agreement if you fail to make a payment when due or fail to comply with any other term of this Agreement. If you are in default, and do not cure the default within the time period provided in our notice, UBS may terminate this Agreement and demand immediate payment of the entire unpaid balance due, together with an administrative cancellation fee of $100.00. In the event of an uncured default, UBS also reserves the right to cease delivery of bottled water and you agree to immediately return to the Route Sales Representative the water cooler and all previously delivered water bottles and equipment. You agree to pay all legal fees and collection costs incurred by UBS, its agents or assigns in connection with collecting amounts you owe under this Agreement and the recovery of any water bottles, equipment and water coolers in your possession, to the maximum extent permitted by law.
9. Liability. UBS DISCLAIMS ANY AND ALL WARRANTIES UNDER THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLEAR TITLE, OR NONINFRINGEMENT. The total liability of UBS under this Agreement shall be limited to repairing or replacing defective water bottles, water coolers and related equipment delivered by UBS to you. Under no circumstances shall UBS be liable to you or any other party for any monetary damages whatsoever in connection with this Agreement or the products or services provided by UBS. Without limiting the generality of the preceding sentence, UBS specifically disclaims any responsibility or liability for any consequential, incidental, special, exemplary, punitive, or other similar damages, however denominated. If, despite the limitations contained in this Section 9, monetary liability is imposed upon UBS, you agree that under no circumstances shall any liability exceed the lesser of actual damages or an amount equal to the total payments made by you to UBS pursuant to this Agreement during the three (3) billing periods preceding such assessment of liability. You agree to waive and hold UBS and its directors, officers, agents and employees harmless against any claims, damage, injury, or liability suffered or incurred by you or your agents, guests or family members arising from your or your agent's, guest's and family member's negligence or misconduct or operation or use of water bottles, products, water coolers or related equipment provided to you under this Agreement. You further agree to indemnify, defend and hold harmless UBS and its directors, officers, agents and employees from and against any claims, damage, injury, cost, liability, expense (including reasonable attorneys' fees) or other loss threatened, suffered, or incurred by UBS as a result of your negligence or misconduct or operation or use of water bottles, products, water coolers or related equipment provided to you under this Agreement. You acknowledge that water can cause damage to surfaces with which it comes in contact, and that water leaks may occur from water bottles and water coolers. You are responsible for selecting the location for placement of water bottles, water coolers and equipment in your residence or business in order to minimize potential loss or damage.
10. Dispute Resolution. If there is any dispute, controversy or claim which arises out of or relates to this Agreement or the provision of the services by UBS, you agree to resolve such dispute by binding arbitration in accordance with the rules of the American Arbitration Association. However, if a controversy exists relating to amounts owed by you under this Agreement, UBS reserves the right to pursue collection through court proceedings in lieu of arbitration.
11. Notices. All notices must be in writing and delivered by U.S. mail, certified mail or personal delivery to the Customer address and to UBS at: UltraPure Bottling Systems, LLC., ATTN: Customer Service, 251 Milwaukee Avenue, Buffalo Grove, Illinois 60089. You agree to notify UBS promptly of a change in your address.
12. Force Majeure. UBS shall not be liable to you for any damage, loss or nonperformance caused by government action, war, fire, explosion, flood, strike, lockout, embargo, act of God, or any similar cause beyond the control of UBS, provided however, that in no event shall UBS be required to settle any labor dispute or disturbance.
13. Notice of Cancellation. You may cancel this transaction, without any penalty or fee, prior to midnight of the third business day from the Effective Date. If you cancel, any payments made by you under the Agreement (less any amounts for water opened, used or consumed) will be returned to you within ten (10) business days following receipt by UBS of your Notice of Cancellation. If you cancel, you must make available to UBS at your service address, in as good a condition as when received, any goods delivered to you under this Agreement, or you may comply with the instructions of UBS regarding the return shipment of the goods at the risk and expense of UBS. If UBS does not pick up the goods within twenty (20) days of receiving your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to UBS you will remain liable for performance of all obligations under the Agreement. To cancel this transaction, mail or deliver a signed and dated written notice to UltraPure Bottling Systems, LLC., 251 Milwaukee Avenue, Buffalo Grove, Illinois 60089, not later than midnight on the third business day after the Effective Date of this Agreement.
14. General. This Agreement is the entire agreement between you and UBS relating to the subject matter hereof, and supersedes all other oral or written statements made by either you or UBS. If you sign a written service agreement upon the initial delivery of product and subsequent to accepting the terms and conditions of this Agreement, then the terms of the written service agreement shall supersede this Agreement. UBS may accept late payments, partial payments, or checks and money orders marked "payment in full," without compromising any of its rights under this Agreement. UBS may choose not to exercise or to delay enforcement of any rights under this Agreement without compromising those rights. UBS may assign this Agreement and any of its rights under it to a third party without notice. You may not assign this Agreement and any such assignment will be null and void. If any provision of this Agreement is held invalid or unenforceable, all other provisions will remain in full force and effect. Please print a copy of this Agreement for your records. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS.
|