Terms and Conditions
1 Definitions
“Agreement” means these terms and conditions and the Schedule together with any Quotation and/or Order
“Bottles” has the meaning provided in clause 3.2 below
“Cooler” any water cooler equipment (including Bottles) supplied for hire under this Agreement
“Cooler Care” means the Cooler maintenance service Powwow provides as part of the Rental
“Free Trial” means the rent free period of trial for the Cooler agreed between Nestlé Waters Powwow and the Customer prior to this Agreement
“Goods” means the water and other consumables set out in the Schedule which are to be purchased by the Customer
“Customer” means the customer named as the Hirer in the Schedule and/or the customer purchasing the Goods
“Order” means a Customer order for Goods
“Powwow” means the owner of the Cooler and supplier of the Goods, Nestlé Waters Powwow Limited, a company registered in England under registered number 2334804 whose registered office is at St George’s House, Croydon, Surrey, CR9 1NR
“Quotation” means any quotation given by Powwow to the Customer regarding the supply of the Cooler and/or the Goods
“Schedule” means the attached or accompanying hire schedule
2 Agreement
2.1 This Agreement shall apply to all contracts for the hire of Coolers and the sale of Goods by Nestlé Waters Powwow to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order confirmation of order or similar document.
2.2 This Agreement for hire shall commence from the date of this Agreement and continue for a minimum period of 12 months and thereafter for continuous periods of 12 months unless terminated under clause10 of this Agreement.
2.3 All Orders for Goods shall be deemed to be an offer by you to purchase Goods pursuant to this Agreement.
2.4 Acceptance of delivery of the Goods shall be deemed conclusive evidence of your acceptance of this Agreement.
2.5 Any variation to this Agreement (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Nestlé Waters Powwow.
2.6 Nothing in these terms and conditions shall affect the statutory rights of any consumer.
3 Charges
3.1 The rental charge for the Cooler (the “Rental”) shall be due monthly in advance (the ”Rental Due Date”).
3.2 Nestlé Waters Powwow requires a refundable bottle deposit from the Customer in respect of every water bottle supplied by Nestlé Waters Powwow (the “Bottles”), which shall be refunded to the Customer only in respect of Bottles returned to Nestlé Waters Powwow which are (in the opinion of Powwow) in a condition suitable for their re-use as Nestlé Waters Powwow’s bottled water containers.
3.3 For credit account client’s payment for the purchase of Goods such as water and consumables shall be due 30 days from date of invoice (the “Due Date”).
3.4 If payment is not made on or before the Due Date or the Rental Due Date (as the case may be) Nestlé Waters Powwow shall be entitled:
3.4.1 to cancel this Agreement or suspend further deliveries
3.4.2 appropriate any payment already made under this or any other contract to the debt
3.5 All prices quoted shall be inclusive of delivery within the ordinary distribution area of Nestlé Waters Powwow provided that Nestlé Waters Powwow shall reserve the right to charge a delivery fee in the event that it is necessary to deliver Goods, Bottles, water or the Cooler as part of a non-scheduled delivery.
3.6 Nestlé Waters Powwow has the right upon 30 days notice to increase its prices in line with its general terms of business.
4 Cancellation
4.1 Where the Customer is dealing as a consumer for an initial supply of Goods, the Customer has the right to cancel such contract for sale of Goods on notice in writing received by us within 7 days of the date of delivery of the Goods by Nestlé waters Nestle Waters Powwow.
4.2 Cancellation of such a contract, howsoever or whenever occasioned, shall be subject to any rights and remedies the parties may have under this Agreement or in law.
5 Insurance
5.1 The Customer shall insure the Cooler for the sum advised by Powwow on a fully comprehensive basis with a reputable insurance company
5.2 If the Cooler is lost, stolen or damaged, the Customer shall immediately notify Nestle Waters Powwow and the insurers.
6 Location and Use of Cooler
6.1 The Customer shall notify Powwow promptly in writing of any intended change of address.
6.2 The Cooler shall be operated in accordance with proper environmental conditions and with the instructions supplied by Nestle Waters Powwow.
6.3 The Customer shall be responsible for portable appliance testing in accordance with The Electricity at Work Regulations 1989 ("PAT") once the Cooler has been delivered to the Customer's premises. For the avoidance of doubt, any Cooler Care by Nestle Waters Powwow does not include PAT testing.
7 Title and Risk
7.1 At no time will title to the Cooler supplied to the Customer pass to the Customer.
7.2 Risk for the Cooler shall pass to the Customer at the time of delivery.
7.3 Title in all Goods supplied shall pass to the Customer when the Customer has made payment in full of the price of the Goods to Nestle Waters Powwow. Until such payment has been made, the Customer shall have possession of such Goods as bailee for Nestle Waters Powwow and shall ensure that such Goods are stored and marked in such as way as to enable them to always be identified as the property of Nestle Waters Powwow.
7.4 The Customer will be liable for loss of, or damage to the Goods while they are in his possession.
7.5 Nestle Waters Powwow shall be entitled to recover the price of the Goods (plus VAT) notwithstanding that title in any of the Goods has not passed from Nestle Waters Powwow.
8 Customer's Obligations
8.1 During the continuance of this Agreement the Customer shall:
8.1.1 not make any modification to the Cooler;
8.1.2 ensure that the Cooler external surfaces and drip-tray are kept in sanitary condition;
8.1.3 be responsible for changing and the safe storage of Bottles;
8.1.4 provide safe access to the Cooler and ensure the health and safety of Nestle Waters Powwow's personnel whilst on the premises
8.1.5 promptly notify Nestle Waters Powwow if the Cooler is not operating correctly; and
8.1.6 at all reasonable times, allow Nestle Waters Powwow's personnel to visit the premises to inspect the Cooler.
9 Liability
THE HIRER’S ATTENTION IS DRAWN TO THE PROVISIONS OF THIS CLAUSE 9
9.1 Nothing in these conditions shall affect the statutory rights of any consumer.
9.2 Nestle Waters Powwow shall maintain the Cooler as regards fair wear and tear, but accepts no liability to repair the Cooler in respect of accident, wilful damage, negligence, abnormal environmental conditions, misuse or failure to follow Nestle Waters Powwow’s instructions.
9.3 Nestle Waters Powwow’s liability to any party howsoever arising is limited to £150 except in cases of personal injury or death caused by its negligence.
9.4 Except in respect of personal injury or death caused by Nestle Waters Powwow’s negligence it shall not be liable for any consequential loss, damage or compensation which arise in connection with the Cooler and the supply of the Goods except as provided in this Agreement.
9.5 All Warranties, or other terms implied by statute or common law are excluded to the extent permitted by law.
10 Termination and return of the Cooler
10.1 This Agreement may be terminated:
10.1.1 by the Customer giving written notice to Nestle Waters Powwow at least three months before each 12 month period of this Agreement thereafter. For the avoidance of doubt, in the event that the Customer terminates this Agreement with less than the period specified before any such period of this Agreement, this Agreement shall be terminated at the end of the Minimum Period of Hire or on the date of termination specified in such notice, or if no notice is given, forthwith, but the Customer shall remain liable to Nestle Waters Powwow for the whole of the subsequent 12 months’ or year’s Rental relating to the Cooler. No refund of the Rental shall be payable by Nestle Waters Powwow to the Customer upon termination of this Agreement under clauses 10.1.1, 10.1.2, 10.1.3 or 10.1.5;
10.1.2 forthwith by Nestle Waters Powwow if the Customer fails to pay sums due and such sums remain unpaid for 10 days after the Due Date or the Rental Due Date;
10.1.3 forthwith by Nestle Waters Powwow on giving notice if the Customer commits any material or persistent breach of this Agreement;
10.1.4 by Nestle Waters Powwow upon 90 days’ written notice to the Customer;
10.1.5 forthwith upon the insolvency of the Customer;
10.1.6 without affecting the rights of Nestle Waters Powwow which are expressly intended to come into force on or after such termination.
10.2 Upon termination of the Agreement, the Customer shall forthwith allow Nestle Waters Powwow to repossess the Cooler and Bottles and shall grant all such rights to Nestle Waters Powwow necessary to achieve the same including but without prejudice to the generality of the foregoing the right to enter the Customer’s premises and take possession of the Cooler and Bottles.
11 General
11.1 This Agreement contains the entire agreement between the parties save that this sub clause shall not apply to any agreement, warranty or representation made fraudulently. Any variation to the Agreement must be in writing by an authorised signatory of Nestle Waters Powwow.
11.2 Nestle Waters Powwow undertakes to the Customer that it will comply with the Data Protection Act 1998 insofar as it relates to this agreement and the Customer agrees to the processing of the Customer’s personal information by Nestle Waters Powwow for the purposes of complying with its obligations under this Agreement.
11.3 Nestle Waters Powwow shall be under no liability to Customer in respect of anything which, apart from this provision, may constitute breach of this Agreement arising from circumstances beyond the reasonable control of Nestle Waters Powwow.
12 Law
This Agreement shall be governed by and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.