1. Scope. This Agreement is entered into between you and Real Water for the rental of water cooler, and/or for the purchase and delivery of bottled water, related services and equipment. In this Agreement, the words "Customer(s)" or "you" means the person who entered into this agreement as customer.
2. Term. This Agreement begins on today's date until terminated in accordance with this Agreement.
3. Payments. You agree to pay Real Water (a) for all bottled water and other products, services and equipment delivered plus the applicable tax; (b) the water cooler rental fee plus the applicable tax; and (c) all other fees and charges as provided in this Agreement. These amounts are due by the payment due date specified on each invoice. Customers will be invoiced approximately every 30 days. If you have elected to make payments by credit card, you authorize Real Water to make a recurring charge each billing period against your credit card account. Real Water 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.
4. Title. All water bottles, water coolers and related equipment shall remain the exclusive property of Real Water. 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 returned check fee of $25.00 for any check that is returned unpaid. You agree to pay a bottle deposit of $5.00 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 Real Water a replacement fee for any water cooler that is lost or damaged while in your possession, normal wear and tear excepted.
6. Termination. You may terminate this Agreement at any time, for any reason, by notifying Real Water by phone or in writing. Within ten (10) 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 Delivery Person.
7. 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, Real Water may terminate this Agreement and demand immediate payment of the entire unpaid balance due. In the event of an uncured default, Real Water also reserves the right to cease delivery of bottled water. In addition, you agree to immediately return to the Delivery Person the water cooler and all previously delivered water bottles and equipment. You agree to pay all legal fees and collection costs incurred by Real Water, 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.
8. Liability. Real Water DISCLAIMS ANY AND ALL WARRANTIES UNDER THIS AGREEMENT, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, and FITNESS FOR A PARTICULAR PURPOSE, CLEAR TITLE, OR NONINFRINGEMENT. The total liability of Real Water under this Agreement shall be limited to repairing or replacing defective water bottles, water coolers and related equipment delivered by Real Water to you. Under no circumstances shall Real Water 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 Real Water. Without limiting the generality of the preceding sentence, Real Water 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 Real Water, You agree to waive and hold Real Water 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 Real Water 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 Real Water 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.
9. Force Majeure. Real Water 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 Real Water, provided however, that in no event shall Real Water be required to settle any labor dispute or disturbance.
10. Cancellation. You may cancel this transaction, without any penalty or fee, at any time. 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 Real Water of your Notice of Cancellation. If you cancel, you must make available to Real Water at your service address any goods delivered to you under this Agreement in as good a condition as when received, or you may comply with the instructions of Real Water regarding the return shipment of the goods at the risk and expense of Real Water. If Real Water does not pick up the goods within twenty (20) days of receiving your Notice of Cancellation, you may retain or dispose the goods without any further obligation. If you fail to make the goods available to Real Water you will remain liable for the performance of all obligations under the Agreement.