Terms & Conditions of Equipment Rental and Service Agreement

  1. The DISTRIBUTOR has supplied the CUSTOMER with the EQUIPMENT described in this document on the terms and conditions set out herein.
  2. The DISTRIBUTOR will install the EQUIPMENT at the premises of the CUSTOMER and will service the EQUIPMENT periodically during each year as specified on the reverse hereof.
  3. The SERVICES referred to will include, cleaning of the equipment, sterilising of water contact components, replacing the filter when required with a new filter, checking of the thermostat and general maintenance of the EQUIPMENT from the place to which the DISTRIBUTOR delivered and installed the EQUIPMENT without prior written consent of the DISTRIBUTOR.
  4. The EQUIPMENT at all times remains the property of the DISTRIBUTOR and the CUSTOMER agrees not to sell, offer for sale, assign, mortgage, pledge, end, remove or otherwise part with possession of the EQUIPMENT from the place to which the DISTRIBUTOR delivered and installed the EQUIPMENT without prior written consent of the DISTRIBUTOR.
  5. The CUSTOMER will not restrict the DISTRIBUTOR’s access to the EQUIPMENT in any way that will inconvenience the DISTRIBUTOR in his attendances to service and maintain the EQUIPMENT.
  6. The DISTRIBUTOR may enter the premises of the CUSTOMER at any time during normal business hours for the purpose of servicing the EQUIPMENT and the CUSTOMER hereby agrees that in the event of the CUSTOMER being thirty days or more in arrears with the payment specified on this document, then the DISTRIBUTOR may at his option enter the CUSTOMER’s premises and remove the EQUIPMENT without prejudice to its rights to recover monies owing by the CUSTOMER.
  7. The CUSTOMER will only use the EQUIPMENT for the storage, filtration, cooling and dispensing of drinking water and for no other purpose whatsoever and the CUSTOMER will remain the EQUIPMENT in the clean, healthy and hygenic condition and will not tamper with, damage or remove the EQUIPMENT from the CUSTOMER’s premises.
  8. The CUSTOMER will not be liable for any injury, loss or damage to any person or property arising out of or in any way connected with the use of the EQUIPMENT at all times whilst the EQUIPMENT is located on the premises of the CUSTOMER.
  9. The CUSTOMER hereby indemnifies the DISTRIBUTOR in respect of any claim, action or proceeding made or taken against the DISTRIBUTOR in connection with or arising out of, or in any way incidental to injury, loss or damage connected with the use of the EQUIPMENT irrespective of any negligence of the DISTRIBUTOR and the CUSTOMER will ensure the EQUIPMENT against loss or damage of any kind whilst the EQUIPMENT remains on the CUSTOMER’s premises.
  10. This RENTAL AGREEMENTIA FOR A MINIMUM OF TWELVE MONTHS and the CUSTOMER whether paying yearly, half yearly, quarterly or monthly understands that the minimum term of rental is TWELVE MONTHS.
  11. This RENTAL AGREEMENT will automatically renew for a further period of twelve months and upon identical conditions as specified herein upon the expiration of the AGREEMENT unless either the CUSTOMER gives the DISTRIBUTOR written notice to the contrary at least thirty days prior to its expiration or the DISTRIBUTOR declines to extend the AGREEMENT for a further term.
  12. The DISTRIBUTOR may provide filter cartridges that he considers most suited to the water quality in any particular location.
  13. Under the terms and conditions of this AGREEMENT it is hereby agreed that the amount due and payable per year is determined in part by the services per year specified and therefore any additional service over and above the number specified may be invoiced seperately by the DISTRIBUTOR to the CUSTOMER at the DISTRIBUTOR’s standard extra service call rate applicable at the time.
  14. The DISTRIBUTOR agrees to suspend hiring charges on a pro rata basis if the CUSTOMER notifies the DISTRIBUTOR immediately of a malfunction or breakdown unless the malfunction or breakdown is due in the opinion of the DISTRIBUTOR to any act, omission, negligence or misuse by the CUSTOMER of the CUSTOMER’s servants, agents, visitors, customers or subcontractors.
  15. The CUSTOMER agrees that it has inspected the EQUIPMENT and confirm to the DISTRIBUTOR that it is in good order and condition and further that the CUSTOMER  has satisfied itself as to its suitability for the intended purpose.
  16. Unless notice to the contrary is given by either party to this AGREEMENT to the other prior to the renewal date, not withstanding any termination, the terms of this AGREEMENT where relevant will continue to apply until the EQUIPMENT is collected by, or delivered to the DISTRIBUTOR in the same condition in which it was originally supplied to the CUSTOMER, fair wear and tear expected.
  17. In the event of a breach of this AGREEMENT, the DISTRIBUTOR may, at its option, terminate this AGREEMENT and collect the EQUIPMENT from the CUSTOMER. In order to do so, the DISTRIBUTOR may enter at any time, without notice, upon the premises of the CUSTOMER and collect the said EQUIPMENT and take whatever steps the DISTRIBUTOR deems neccessary at the cost and expense of the CUSTOMER to safeguard the EQUIPMENT. The CUSTOMER hereby indemnifies the DISTRIBUTOR in respect of any claim arising out of any such action taken by the DISTRIBUTOR irrespective of any neglect, act or omission by the DISTRIBUTOR. All monies payable by the CUSTOMER to the DISTRIBUTOR under the AGREEMENT shall then become due and payable.
  18. Notwithstanding anything herein contained, the DISTRIBUTOR will continue to be subject to any implied warranty provided by the Trade Practices Act 1974, if and to the extent that the said Act is applicable to this AGREEMENT and prevents the exclusion, restriction or modification of any such warranty.
  19. The CUSTOMER hereby agrees that the DISTRIBUTOR may obtain and use information about the credit worthiness (including a consumer or commercial credit report) from a credit reporting agency, credit provider or other business that reports on credit worthiness for the purpose of assessing a CUSTOMER (including this CUSTOMER), or for the purpose of collecting overdue account payments in this section the CUSTOMER refers to the CUSTOMER and/or the Authorised Signatory (if applicable).
  20. This AGREEMENT shall be governed by the laws of the State of Queensland and the DISTRIBUTOR and the CUSTOMER hereby submit to the jurisdiction of the courts of that State.