Rented Equipment Terms and Conditions

1.      DEFINITIONS “Company” means Thirsty Work Ltd or its assigns or successors in title. “Customer” means the person, persons, firm or Company on whose behalf the contract is signed.  “Equipment “means any item rented by the Company to the Customer. “Sanitisation Service” is the periodic servicing and maintenance of the Equipment in accordance with the guidelines laid down from time to time by The Water Dispenser & Hydration Association (“WHA”).“Bottles” are bottles supplied by the Company to contain the Company’s water. “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. “Consumables” means water, Bottles, cups and any similar ancillary items supplied by the Company. 

2.      Bottled water is a natural food product. Store in a cool place away from direct light. Once opened consume within 28 days. Always check the consume before date which can be found on the bottle cap. We, the customer, agree to rotate the stock by the consume before date and to change the bottle every 28 days. Therefore, we the customer, agree to purchase a minimum of 13 bottles every 12 months. Failure to do so may result in illness and/or personal injury for which the Company accept no liability.

3.     The expression “The Company” shall include the company assigns.

4.     The company may terminate this agreement immediately if any of the following shall happen:

(a)   Non-payment when due of any rent or other monies owing by the customer to the company.

(b)   The customer’s abandonment of the equipment or the bottles.

(c)   The customer’s failure to perform any of the terms and conditions on its part as required by this agreement or

(d)   the customer becoming bankrupt or insolvent, or being a company making an assignment for the benefit of creditors or ceasing to do business as a going concern or entering into liquidation whether compulsory or voluntary or having a receiver appointed or taking or suffering any similar action in the consequence of debt.

5.      This agreement shall be binding for a period of ..... from the date of the agreement shown below and thereafter shall be automatically renewed for a period of twelve months unless terminated. Termination of the agreement must be received in writing, 30 days prior to any date of the anniversary of the agreement shown below. If no such written cancellation is received then the agreement shall run to the next anniversary. Prices may be increased as part of this agreement. 

6.     Upon termination of this agreement for any reason, the company may take immediate possession of the equipment and the bottles.

Termination shall not relieve the customer from any obligation to pay rent, sanitisation or other monies owing to the company.

In addition, if the customer defaults, the company shall have all rights and remedies which are available to it under applicable law as well as the right to recover a cancellation cost of £125 and a collection cost of £25, per cooler, including reasonable legal costs, from the customer.

7.      All equipment will be rented for the rental charges listed overleaf together with the Value Added Tax at the applicable rate. All rent and other monies, including charges for water, owed to the company must be paid by the customer within 30 days of receiving the lessors invoice. If any invoice remains outstanding 30 days after the same is due interest shall become payable in addition calculated on a daily basis from the due date of payment at a rate of one and a half percent per month.

8.      The customer shall take good care of, properly use and keep clean and sanitary at all times the equipment and the bottles. When this agreement terminates the customer shall return the equipment in the same condition as it was when originally supplied by the company (ordinary wear and tear accepted).

9.      The customer shall not modify or repair or attempt to repair the equipment and shall not refill or otherwise re-use the bottles. The equipment shall be used only for the dispensing of the lessor’s bottles of Spring Water.

10.    The customer shall take good care of, properly use and keep clean and sanitary at all times the equipment. Pipework and fittings may be replaced at an interval determined by the lessor for a cost of £95 which the customer agrees to pay. When this agreement terminates the customer shall return the equipment in the same condition as it was when originally supplied by the company (ordinary wear and tear accepted).  

11.  The customer accepts full responsibility for turning the water supply off during periods of non use to prevent the possibility of water damage to their premises, stock and equipment.

12.    The customer shall be responsible for all damage and loss to the equipment and the bottles. If the equipment or the bottles are lost, damaged or destroyed, the customer shall pay to the company on demand the replacement cost of any items so lost, damaged or destroyed and the company shall be entitled to utilise any deposits made by the customer towards the replacement of such items.

13.   The Company shall not be liable for any damages caused by the Equipment, the Bottles, servicing of the Equipment or 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 or exclude any liability of the Company for death or personal injury resulting from its negligence. Every opportunity must be given to the Company to allow access to its employees, agents or insurers for the purpose of evaluating damage. 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 herein. All Warranties, or other terms implied by statute or common law are excluded to the extent permitted by law. 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. All descriptions, weights and dimensions appearing in any of the Company’s documents are approximate and for guidance only. The Company reserves the right to make changes in the specification of the Equipment or Consumables. 

14.   The customer shall be responsible for the annual testing of the equipment. Also maintenance of full written records in accordance with The Electricity Work Regulations 1989.

15.   The customer will not lend, let on hire, sell, assign transfer, charge, dispose of or part with possession of the equipment, the bottles or this agreement or any other rights or obligations hereunder and will not remove the equipment or bottles from the location indicated overleaf without the company previous written consent.

16.   The company may at its discretion from time to time withdraw the equipment from the customer and substitute it with comparable equipment and the terms and conditions of this agreement shall continue to apply to such substituted equipment.

17.   The company shall have access to the equipment and the bottles at all reasonable times and for such purpose of carrying out its obligations and exercising its rights hereunder.

18.   The customer agrees to pay a deposit at the prevailing rate for each bottle delivered to the customer. The company agrees to refund the deposit when the bottle is returned in good condition.

19.   This agreement shall be governed by and construed in accordance with the laws of England.