BWT UK Limited
Terms & Conditions

 

1. All equip­ment including coolers, boilers, taps, treatment systems and filters (the “Equip­ment”) and the Bottles supplied for use there­with are supplied to the Customer by BWT UK Limited (the “Company”) on the terms and condi­tions contained in this agree­ment. Unless the Equip­ment is specif­i­cally stated as being sold to the Customer in the Supply Agree­ment the Equip­ment and Bottles shall remain the prop­erty of the Company. The Company may assign its rights herein without requiring the Customer’s consent.

2. This Agree­ment contains the entire agree­ment between the parties and super­sedes and shall take prece­dence over any other agree­ments, contracts or under­stand­ings whether written or oral relating to the Equip­ment, Bottles and related services which the Customer may attempt to impose. Any vari­a­tion must be in writing by an autho­rised signa­tory of the Company.

3. The Company shall be enti­tled to termi­nate this Agree­ment forth­with by notice in writing to the Customer at any time in the event that the Customer shall:
a. not pay when due any monies under this Agree­ment; or
b. abandon the rental Equip­ment or Bottles; or
c. fail to perform any of the Terms and Condi­tions on its part as required by this Agree­ment; or
d. become bank­rupt or insol­vent or being a company make an assign­ment for the benefit of its cred­i­tors or cease to do busi­ness as a going concern or enter into liqui­da­tion whether compul­sory or volun­tary or have a receiver appointed or take or suffer any similar action in conse­quence of debt.

4. The Agree­ment shall commence from the start date spec­i­fied on the Supply Agree­ment and continue for the period spec­i­fied on the Supply Agree­ment. The Customer may termi­nate the agree­ment by giving the Company a minimum of one month’s notice, in writing, prior to the renewal date. Failing such notice, the agree­ment shall renew for a further year and then subse­quent years there­after. If the Customer termi­nates this agree­ment then the Company reserves the right to charge a reason­able fee to cover the costs of admin­is­tra­tion and collec­tion. 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 charges relating to the Equip­ment. No refund of the Rental nor returned consumable products shall be payable by the Company to the Client upon termi­na­tion of this Agree­ment, except where the customer has paid the appropriate deposit.

5. Upon termi­na­tion of the Agree­ment for any reason, the Company may enter the Customer’s premises and take imme­diate posses­sion of any Bottles and rented Equip­ment. Termi­na­tion shall not relieve the Customer from any oblig­a­tion to pay rent or other monies owing to the Company and the Company reserves the right to recover reason­able collec­tions and admin­is­tra­tion costs, including reason­able legal costs, from the customer. In addi­tion if the Customer defaults, the Company shall have all rights and reme­dies which are avail­able to it under applic­able law.

6. Where the customer requires bottled water they will pay a bottle deposit at the prevailing rate on each Bottle supplied under the Agree­ment. The Company will refund the bottle deposit on each Bottle returned to the Company which is (in the opinion of the Company) in a condi­tion suit­able for their re-​use as the Company’s bottled water containers.

7. All charges for Equip­ment, water and services supplied by the Company and charges for bottle deposits must be paid by the Customer within 30 days of the date of invoice (the “Due Date”). If any sum remains outstanding after the Due Date the Company shall be enti­tled to suspend further deliv­eries, and interest shall become payable on the outstanding balance calcu­lated on a daily basis from the Due Date to the date of payment at a rate of 1.5% per month on the sum outstanding.

8. The Company shall be enti­tled to increase the rental charge or other charges from time to time by a reason­able amount by giving written notice to the Customer and has the right to charge an envi­ron­mental levy to fully comply with the EU Waste Elec­trical and Elec­tronic equip­ment direc­tive.

9. The Company shall reserve the right to charge an excess delivery fee in the event that it is neces­sary to deliver water or the Equip­ment as part of a nonsched­uled delivery.

10. The Customer shall be respon­sible for all damage to and loss or destruc­tion of the Bottles and the rented Equip­ment and shall pay the Company on demand the replace­ment, refur­bish­ment or repair costs of any items or Equip­ment and the Company shall be enti­tled to utilise any deposits paid by the Customer towards the cost of such.

11. The Company may at its discre­tion from time to time replace the Equip­ment with compa­rable units where­upon such compa­rable units shall become the Equip­ment for all the purposes of this Agree­ment.

12. During the contin­u­ance of this Agree­ment the Customer shall:
a. Not make any modi­fi­ca­tions to the rented Equip­ment.
b. Not to move the rented Equip­ment from the place where installed by the Company without prior consent.
c. Operate the rented Equip­ment in accor­dance with the instruc­tions supplied by the Company.
d. Comply with the terms of the Elec­tricity at Work Regu­la­tions 1989.
e. Ensure that the Equip­ment is kept in sani­tary condi­tion.
f. Be responsible for the bottle changing and the safe storage of bottles where they have a bottled water supply.
g. Be responsible for monitoring the water quality and changing filters as is appropriate where they have a Demineralized water supply.
h. At all reason­able times, allow Company personnel to visit the premises to inspect the Equip­ment and provide safe access to the Equip­ment and ensure the health and safety of the Company’s personnel whilst on the premises.
i. Promptly notify the Company if the Equip­ment is not oper­ating correctly.
j. Only dispense water supplied by the Company and not refill the Bottles.
k. Not lend, let on hire, sell, assign transfer, charge, dispose of or part posses­sion of the Bottles, the rented Equip­ment or this Agree­ment or any of the rights or oblig­a­tions here­under without the Company’s previous written consent.

13. The Company shall not be liable for any damage caused by the Equip­ment, the Bottles, servicing of the Equip­ment of other perfor­mance under this Agree­ment. The sole and exclu­sive remedy for any breach of condi­tion or warranty express or implied statu­tory or other­wise including liability for negli­gence on the part of the Company shall be limited to the repair or replace­ment of any defec­tive Equip­ment or other items supplied and shall in no event include any liability for inci­dental or conse­quen­tial loss or damage. Nothing herein however shall be deemed to restrict any liability of the Company for death or personal injury resulting from its negli­gence.

14. This Agree­ment shall be governed by and construed in accor­dance with the laws of England.

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