- The Customer shall receive a monthly invoice for all purchases and hire charges (“the Monthly Balance”). The full amount of the Monthly Balance is to be paid no later than 30 days after the rendering of the monthly invoice.
- Unless otherwise agreed between the Customer and H2Only, the monthly invoices shall be rendered by email
- If the Customer has not provided a Direct Debit authorization and in the event that the Customer invoice remains unpaid for a period of 30 days or more, H2Only reserves the right to withhold delivery of any further water, and to take all steps available in respect to default under this Contract.
- Interest shall accrue on any Credit Limit or other arrears at a rate of 2% per month, calculated daily.
- The Customer shall pay on an indemnity basis all legal costs and disbursements incurred by H2Only in order to recover any monies owing by reason of the default of the Customer in respect to any obligations under this Agreement.
- The Customer acknowledges that this Contract also serves as an ongoing credit contract. Any proceedings commenced for recovery of Arrears may include all sums advanced under this Contract, and owing by the Customer to H2Only.
- The Customer agrees to pay to H2Only an administrative fee of CI $35, excluding bank fees, for each cheque issued by him to H2Only, which is returned to H2Only unpaid or marked NSF/RTD.
- The Customer agrees that any objections to invoices and statements for materials supplied to him must be submitted in writing within two weeks of the date of such invoices and statements, failing which, they shall thereafter shall be deemed approved by him.
- H2Only will sell and deliver to the Customer, H2Only brand of bottled water in H2Only bottles, and related products in such quantities of product as the Customer orders from time to time.
- H2Only will lease to the Customer such coolers and or equipment as agreed. The Customer acknowledges that he has no equity or ownership rights in the leased equipment. The Customer may purchase the leased equipment only if the Customer and H2Only agree in writing. In the event of such purchase, Customer will be responsible for all repair or replacement costs after expiration of the warranty period, if any.
- The Customer shall maintain all leased equipment in good working order. If any loss or damage should be caused to the equipment through the Customer’s negligence, abuse or misuse, the Customer will pay H2Only all costs incurred in repair or replacement of the leased equipment, on demand.
- The leased equipment and bottles are, and will be at all times be, H2Only sole and exclusive property, and the Customer will have no right, title or interest therein except as expressly set forth herein. The Customer agrees to use leased equipment and all bottles only for H2Only products and will not reuse or refill bottles for any purpose whatsoever.
- The Customer will at all times operate and maintain the leased equipment in a safe and proper manner, in accordance with H2Only’s instructions, and maintain them in a sanitary condition. The Customer will not remove the leased equipment from the address stated on this Contract, without H2Only’s prior written consent.
- This contract shall remain in force one year from the date of installation and from year to year thereafter unless terminated at the end of any contract year, by written notice by either party to the other at least thirty (30) days prior to the end of such contract year. This Clause (15) does not apply to month to month Customers.
- The Customer will be in default if Customer:
- Fails to pay any amount when due;
- Fails to perform or violates any other term or condition hereof and fails to cure the same within ten (10) days after the occurrence; or
- Abandons or abuses the Leased Equipment, H2Only Equipment or any bottles.
Upon default, H2Only shall have the right to exercise any or all of the following cumulative remedies in addition to any other rights or remedies it may have at law or in equity:
- Terminate this Agreement without relieving Customer of its accrued and continuing obligations;
- Declare immediately due and payable (as liquidated damages and not as penalty) all outstanding charges plus the balance of the Leased Equipment rental to the end of the term; and/or
- Repossess the Leased Equipment or H2Only Equipment, as applicable, and bottles.
The Customer hereby waives notice, legal process, or liability for trespass or other damage, or, if H2Only cannot repossess the Leased Equipment or H2Only Equipment, as applicable, H2Only may, at its option, declare it a total loss, and the Customer shall pay H2Only its replacement value.
Cancellation Terms and Conditions
- If the Customer terminates this Contract, or if H2Only cancels it for good cause, prior to expiration, the Customer shall pay an early termination fee, as a genuine pre-estimate of the loss suffered by H2Only:
- For contracts terms entered into on or after May 20th, 2016, the early termination fee will be CI $175, which will reduce by $5 per month, and will be $0 upon completion of the contract term;
- If the contract results from the 3 months of “Half your Bill Promotion”, the early termination fee will be $350 which will reduce by $10 per month.
- The Customer may not directly or indirectly transfer any of the Customer’s rights under this Contract and will not allow any other person or entity to use the Leased Equipment or H2Only Equipment, as applicable, or any bottles without H2Only’s prior written consent. The Customer will keep the Leased Equipment or H2Only Equipment, as applicable, and bottles free and clear of levies, liens and encumbrances and will promptly notify H2Only of any third party seizure, levy, lien, or encumbrance regarding the Leased Equipment, H2Only Equipment or bottles.
- The terms of this Agreement may be waived or amended only in writing signed by H2Only and the Customer. Failure or delay in exercising any right will not constitute a waiver. Customer grants H2Only authority to conduct credit investigations and H2Only retains the right to terminate this agreement at any time based on such information.