Terms anD Conditions
1. Definitions
Agreement: This document and any attached schedules.
Cooler(s): The mains-fed water cooler(s) and associated parts supplied by the Supplier.
Customer: the person, partnership, unincorporated association, company or other organisation named in the Order.
Order: The Customer’s order to hire the Cooler(s), as detailed either in their purchase order or in their written acceptance of the Supplier’s quote.
Installation: The process of connecting the Cooler(s) to the Customer’s mains water supply.
Maintenance: Routine servicing, filter changes, and repairs as outlined in this Agreement.
Term: The initial period of this Agreement, plus any renewal periods as stated in the Order.
Price: The monthly rental charge for the Cooler(s) and Maintenance as stated in the Order.
Site: The location where the Cooler(s) is installed.
Supplier: Aircon Hire Ltd t/a Water Cooler Hire (registered in England and Wales with company number 4179993).
2. Basis of Agreement
2.1 This Agreement sets out the terms and conditions under which the Supplier rents the Cooler(s) to the Customer. No other terms apply unless specifically agreed in writing.
3. Rental & Installation
3.1 The Supplier agrees to rent the Cooler(s) to the Customer, commencing on installation of the Cooler(s)..
3.2 The duration of this Agreement is as specified in the Order. Unless terminated in accordance with section 8, the Agreement will automatically renew for successive 12-month periods
3.3 The Supplier will arrange for the Installation of the Cooler(s) at the Site during normal business hours unless otherwise agreed in writing between the Supplier and the Customer. The Customer must ensure reasonable access is provided.
3.4 The Customer acknowledges that the Supplier is not responsible for the suitability of the water pressure or plumbing at the Site. Any necessary modifications to the existing plumbing required for installation will be the responsibility of the customer and completed by a qualified plumber of their choice, unless a separate quote is provided by the Supplier and agreed upon.
4. Price & Payment
4.1 The Price for the rental of the Cooler(s) and included Maintenance is [Amount] per month, payable within 15 days of invoicing.
4.2 All Prices are exclusive of VAT, which will be added at the prevailing rate.
4.3 Late payments may be subject to fees and changes in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
5. Customer Responsibilities
5.1 The Customer is responsible for:
* Ensuring the Site is safe and accessible for the Supplier's technicians;
* Maintaining adequate water pressure to the Cooler(s);
* Notifying the Supplier immediately of any leaks, malfunctions, or issues with the Cooler(s);
* Not attempting to repair or modify the Cooler(s) in any way;
* Ensuring that only potable (drinkable) water is connected to the cooler(s);
* Protecting the Cooler from damage, but understanding that fair wear and tear is expected; and
* Yearly Pat testing of the Cooler(s).
5.2 The Customer agrees to use the Cooler(s) solely for the provision of drinking water and in accordance with the Supplier’s instructions.
6. Supplier Responsibilities – Maintenance & Repair
6.1 The Supplier will provide the following Maintenance on a six-monthly basis:
* Filter change
* Sanitisation
* Cleaning
* Safety checks
6.2 The Supplier will repair or replace any Cooler(s) component that fails due to normal wear and tear or any mechanical malfunction which in the reasonable opinion of the Supplier does not arise from any of the exclusions set out in clause 6.4.
6.3 The Supplier will respond to reported faults within 48 working hours.
6.4 Exclusions: The Supplier is not responsible for repairs or damage caused by:
* Misuse, negligent interference (including attempting to repair, adjust or modify a Cooler), abuse, or vandalism;
* Incorrect operation or failure to follow instructions;
* Power surges or outages;
* Freezing temperatures;
* Any modifications made by the Customer or by a third party not authorised by the Supplier; or
* Late reporting of damage to the Supplier.
6.5 The Supplier may subcontract the whole or any part of the Installation or Maintenance to its approved service providers.
7. Ownership & Return of Equipment
7.1 The Cooler(s) remains the sole property of the Supplier at all times.
7.2 Upon termination of this Agreement, the Customer must allow the Supplier to collect the Cooler(s) from the Site. If the collection is delayed by the Customer, the Customer may be charged a daily rental fee.
8. Termination
8.1 The Supplier may terminate this Agreement immediately if:
* The Customer fails to pay the Price when due;
* The Customer breaches any term of this Agreement;
* The Customer becomes insolvent, enters into liquidation or ceases to do business as a going concern or in the Supplier’s reasonable opinion, the Customer is no longer in a position to pay the Price; or
* Access to the Site is denied.
8.2 The Customer acknowledges that early termination of the agreement is not permitted. No refunds or partial reimbursements will be provided for early termination and the full term is chargeable.
8.3 To prevent automatic renewal, the customer must provide a minimum of 30 days’ written notice via email before the end of the contract term. Failure to provide notice will result in automatic renewal under the same terms and conditions.
8.4 On termination, the Customer must pay all outstanding amounts due to the Supplier within 15 days of the final invoice.
9. Liability
9.1 The Supplier shall take reasonable care in the performance of its obligations under this Agreement.
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9.2 Nothing in this Agreement limits any liability which cannot legally be limited, including but not limited to liability for:
* death or personal injury caused by negligence;
* fraud or fraudulent misrepresentation; and
* breach of the terms implied by section 2 or the Supply of Goods and Services Act 1982.
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9.3 Subject to clause 9.2 and 9.4, the Supplier’s total liability to the Customer in contract, tort (including negligence, breach of statutory duty, or otherwise, arising under or in connection with the Agreement shall be limited to the total contract value due to the Supplier under the Agreement.
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9.4 Subject to clause 9.2 the following types of loss are excluded under this Agreement:
*loss of profits;
*loss of sales or business;
* loss of agreements or contracts;
* loss of or damage to goodwill; or
* indirect or consequential loss.
10. Data Protection
10.1 Both parties will comply with all applicable data protection laws. The Supplier recommends that the Customer reads the privacy policy of the Supplier at https://www.watercooler-hire.co.uk/privacy-policy to understand how personal data is collected and used and the Customer’s data protection rights. The privacy policy is separate and does not form part of this Agreement.
11. General
11.1 Subject to clause 2.1, this Agreement constitutes the entire agreement between the parties and supersedes all prior discussions and agreements.
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11.2 Neither this Agreement or the Order can be amended without the written agreement of the Supplier.
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11.3 Unless it is expressly states otherwise, this Agreement and Order does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract.
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11.4 The person or persons who sign the Agreement and Order on behalf of the Customer warrant that they have the appropriate and necessary authority to do so and to bind the Customer to the terms stated therein.
11.5 The Supplier may assign this Agreement to another party without the Customer’s consent.
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11.6 If the Supplier delays or fails to exercise any right or remedy under this Agreement, this will not act as a waiver of that or any other right or remedy and it will not prevent or restrict the Supplier from exercising that or any other remedy.
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11.7 This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
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11.8 Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.