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TERMS AND CONDITIONS – Wenlock Spring Water Ltd

    1.1. “Company” means Wenlock Spring Water Ltd or its assigns or successors in title.
    1.2. “Customer” means the person, persons, firm or Company on whose behalf the contract
    is signed.
    1.3. “Equipment” means any item rented by the Company to the Customer.
    1.4. “Sanitisation Service” is the periodic servicing and maintenance of the equipment in
    accordance with the guidelines laid down from time to time by The British Water
    Cooler Association (“BWCA”).
    1.5. “Bottles” are bottles supplied by the Company to contain the Company’s water.
    1.6. “Deposits” are refundable deposits which shall be charged in respect of every bottle and
    item of equipment supplied by the Company, and which shall be refunded to the
    Customer only in respect of bottles and items of equipment returned to the Company
    which are (in the sole opinion of the Company) in a condition suitable for their re-use as
    the Company’s bottled water containers or equipment respectively.
    1.7. “Consumables” means water, bottles, cups and any similar ancillary items supplied by
    the Company.
    2.1. These Terms and Conditions, which may be varied by the Company from time to time
    and at its discretion upon notice given to the Customer in accordance with paragraph
    10 hereof. shall govern the contract for the supply of equipment, bottles, consumables
    and sanitisation service by the Company to the Customer to the exclusion of any other
    terms. No employee or agent of the Company has authority to bind the Company to
    any verbal agreement which does not comply with these Terms and Conditions or any
    subsequent variations thereto. Any variations of these Terms and Conditions shall only
    bind the Company if agreed to in writing by an authorised officer of the Company.
    2.2. The Customer warrants that it has not relied on any oral representations made by the
    Company, its employees or agents.
    3.1. All equipment and bottles rented by the Company to the Customer shall remain the
    property of the Company and title shall not pass to the Customer.
    3.2. The Company may assign its rights herein without requiring the Customer’s consent.
    3.3. Risk for all equipment shall pass to the Customer at the time of delivery.
    4.1. This agreement will commence on the start date shown overleaf and will continue for
    the period specified (“the initial period”) and thereafter for continuous successive
    periods of 12 months (“renewal periods”) unless terminated in accord- ance with
    section 7 below.
    5.1. Charges will be made for the equipment and sanitisation service charge by the
    Company in advance of the period specified overleaf, and will be for periods of whole
    calendar months beginning on the start date.
    5.2. The equipment and sanitisation service charges may be varied by the Company at any
    5.3. The Company reserves the right to reasonably vary the price payable for consumables
    from time to time and at its absolute discretion without notice to the Customer, such
    notice to be effective immediately.
    5.4. Payment of all charges shall become due and payable not later than 30 days after the
    date of the invoice. Should the Customer fall in arrears with any one payment then all
    other unpaid invoices shall become due and payable immediately. In this event the
    Company shall have the right to withdraw from any further delivery and sanitisation
    service obligations without giving notice to the Customer and the Company may claim
    compensation for any and all damages caused to it. If the payment of any sum due
    under these terms is not made on or before its due date, the Company shall be entitled
    to charge interest hereafter at a rate of 5 per centum over the Bank of Scotland plc base
    rate in force from time to time and until the date of payment such interest being
    deemed to accrue from day to day and become payable notwithstanding the fact that a
    portion of the account may he subject to any dispute or query. The Company shall have
    the right to recover from the Customer the sum of £50.00 to cover bank charges
    incurred by the Company should the Customer dishonour any cheque or direct debit.
    5.5. All prices are exclusive of Value Added Tax which will be applied at the rate ruling
    from time to time:
    5.6. All prices are inclusive of delivery within the ordinary distribution area of the
    Company, but the Company reserves the right to charge a reasonable delivery fee in
    the event that it is necessary to deliver as part of a non-scheduled delivery requested
    by or caused by the Customer.
    6.1. Unless, otherwise provided the Company shall deliver equipment and consumables to
    the Customer at the stipulated delivery address and shall be responsible for Insurance
    of such items in transit. Risk of loss of or damage to such items shall pass to the
    Customer when they are delivered to the delivery address.
    6.2. The Company shall use its best endeavours to deliver in accordance with the agreed
    delivery and sanitisation service cycles, but delivery and sanitisation service dates are
    not guaranteed and time is not to be deemed of the essence of the contract and the
    company shall in no case be liable for any delay in delivery or sanitisation service
    however caused.
    6.3. For the avoidance of doubt, the sanitisation service includes an initial sanitisation
    before delivery. The sanitisation service may subsequently be performed either on the
    Customer’s premises or alternatively and at the Company’s option by exchanging the
    equipment for equipment which has already been sanitised. No refund of the
    sanitisation service charge can be made for any reason. including the Company’s
    reasonable failure to perform the sanitisation service at the agreed service interval.
    6.4. In the event of any breakdown in, malfunction of or damage to the equipment or
    bottles the Customer shall forthwith notify the Company which will, in the case of
    breakdown or malfunction repair the same without charge and in event of damage
    replace the equipment or bottles.The Company may at its discretion during the course
    of the agreement replace the equipment and substitute comparable equipment and
    these Terms and Conditions shall apply to such substituted equipment.
    6.5. Any items taken over the package deal amounts are chargeable until the anniversary/
    renewal of the contract.
    6.6. All unused items expire on the anniversary/renewal of the contract and do not rollover
    to the following year.
    6.7. Unused items are not redeemable for cash or credit and are not transferrable.
    This agreement may be terminated:
    7.1. By the Customer giving written notice to the Company at least 3 months before the
    expiry of the initial period or a subsequent renewal period.
    7.1.1. For the avoidance of doubt, equipment and sanitisation service charges are payable for
    the whole of the initial period regardless of when notice is given, and no refund of any
    equipment and sanitisation service charges shall be payable by the Company to the
    7.1.2. In addition in the event that the Customer terminates this agreement but with less than
    3 months notice in writing, then the agreement shall be terminated forthwith but the
    Customer shall remain liable to the Company for the whole of the subsequent year’s
    equipment and sanitisation service charges.
    7.1.3. In addition in the event the Customer terminates this agreement during the initial
    period or subsequent renewal period the Customer will be liable for a £150
    administration and cancellation fee.
    7.2. Forthwith by the Company if the Customer fails to pay any sums due to the Company
    and such sums remain unpaid for 10 days after the due date.
    7.3. Forthwith by the Company if the Customer commits any material or persistent breach
    of this agreement.
    7.4. By the Company upon 3 months written notice to the Customer given at any time.
    7.5. Forthwith upon the insolvency of the Customer or its becoming unable to pay its debts
    for any reason.
    7.6. Without affecting, the rights of the company which are expressly intended to come Into
    force on or after such termination.
    7.7. Upon termination of the Agreement the Customer shall forthwith allow the Company
    to repossess the equipment and the bottles and shall grant all such rights to the
    Company necessary to achieve the same including but without prejudice to the
    generality of the foregoing the right to enter upon the Customer’s premises and take
    possession of the equipment and bottles.
    During the currency of the Agreement including renewal periods the Customer undertakes:
    8.1. To provide safe access to the equipment and to ensure the health and safety of the
    Company’s personnel whilst on the Customer’s premises, and to allow access at all
    reasonable times to Company personnel to inspect the appliance and/or carry out the
    sanitisation service.
    8.2. To be responsible the safe storage of the bottles out of sunlight and for changing the
    bottles after removing the security label.
    8.3. To keep clean and sanitary and properly use at all times the equipment and the bottles
    in accordance with the obligations for sanitisation laid down from time to time by The
    Bottled Water Cooler Association.
    8.4. To use the equipment and the bottles solely for dispensing products supplied by the
    Company to the Customer and not to refill or re-use any empty bottles with tap water
    or otherwise and the Company accepts no liability in relation to such actions.
    8.5. To insure and keep insured the equipment and the bottles against all risks with a
    reputable insurance company.
    8.6. To be liable to the Company for all damage to and loss of the equipment and the
    bottles, and to pay to the Company on demand the cost of replacement of any items so
    lost or damaged; the Company shall be entitled to use any deposits held by it towards
    the replacement of such items.
    8.7. To remove the water bottle, switch off the power supply, and to promptly notify the
    Company if the equipment is not operating correctly.
    8.8. Not to modify or attempt to repair the equipment.
    8.9. Not to loan, let or hire, sell, assign, transfer, charge, dispose of or part with possession
    of the equipment and the bottles and not to remove the equipment and the bottles from
    its premises indicated overleaf without the previous written consent of the Company.
    9.1. The Company’s liability to any party howsoever arising is limited to £100 except in
    cases of personal injuries or death. Any claims against the Company must be notified
    to the Company in writing within 24 hours of the discovery of the occurrence, and
    opportunity must be given to the Company to allow access to its employees, agents, or
    insurers for the purpose of evaluating damage.
    9.2. 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 equipment and the supply of consumables except as provided
    9.3. All Warranties. or other terms implied by statute or common law are excluded to the
    extent permitted by law.
    9.4. Any failure by the Company to deliver consumables or to carry out the sanitisation
    service shall not entitle the Customer to treat this agreement as a whole as repudiated,
    and the Company shall not be liable in breach of this agreement for failure to perform
    its obligations hereunder if due to a cause beyond its control.
    9.5. All descriptions, weights and dimensions appearing in any of the Company’s
    documents are approximate and for guidance only.
    9.6. The Company reserves the right to make changes in the specification of the equipment
    or consumables.
    10.1. Notice of termination by the Customer shall be in permanent readable form and sent
    either recorded delivery post (or similar means) in which case it shall only be deemed
    received if addressed to the Company at its correct address and capable of being
    substantiated by the Customer on request, in which case the deliverer’s proof of
    delivery and date thereof will be conclusive; or facsimile in which case it shall only be deemed received upon receipt of
    “answerback” bearing the correct facsimile number with time and date, and is capable
    of being substantiated to the Company by the Customer on request.
    10.2. Any other notice hereunder shall be in permanent readable form and sent by post or bv
    facsimile and shall be deemed received 3 days after posting if addressed to the party
    concerned at its last known address or upon receipt of “answerback” bearing the
    correct facsimile number.
    11.1. The agreement and these Terms and Conditions shall be construed and governed in all
    respects by English law and all disputes arising under or relating thereto shall be
    subject to the jurisdiction of the Courts in England to which the Company and
    Customer hereby submit.
    11.2. If any one of the Terms and Conditions or any sub-paragraph is rendered void or
    unenforcable at law then that part shall be severable from these Terms and Conditions
    and they shall otherwise remain in full force and effect.
    11.3. No waiver by the Company of any breach of this Agreement by the Customer shall be
    considered as a waiver of any subsequent breach of the same or any other provision