TERMS & CONDITIONS

All equipment including coolers (the “Equipment) is leased and bottles are designed to contain Wenlock Water for use therewith (the “Bottles”) are supplied to the Customer by Wenlock Spring Water Limited (the “Company”) on the terms and conditions contained herewith. The Equipment and the Bottles furnished to the Customer by the Company shall remain the property of the Company, but the Company may assign or sell its rights under this Agreement and its rights in and to the Equipment and appoint Agents or Distributors to perform its obligations hereunder. The Company agrees to repair the Equipment without additional charge to the Customer within a reasonable time after notice of defects is received. Defects arising from Customer misuse or mIsuse by Agents at the customer will be charged for at the current rate.

2. The Customer accepts responsibility to check the condition of bottles before placing them on the cooler. Damaged or cracked bottles when placed on a cooler may result in the cooler leaking, the company any will deliver bottles it for purpose, but require the Customer to check the condition of ail bottles prior to use, the Company is unable to accept responsibility for the treatment of the bottle post delivery.

3. 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 of having a receiver appointed or taking or suffering any similar action in consequences of debt

4. The hire of the equipment supplied to the customer will start on the date of the first invoice and continue for a minimum hire period of 12 months. Hire periods that differ to this will be agreed in writing. The customer may terminate the agreement by giving the company a minimum of three months notice, in writing prior to the renewal date. Failing such notice the agreement shall renew for a further year and then a subsequent year there after if the customer terminated this agreement during the contractual be mod then the company reserves the night to charge a reasonable fee to cover the costs of administration, collection and cleaning of the Equipment and loss of sales.

5. Upon termination of this Agreement for any reason, the Company may enter the customer’s premises and take immediate possession of the Equipment and the Bottles. Termination shall not relieve the Customer from any obligation to pay rent 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 reasonable collection costs.

6. All Equipment will be rented for the period listed overleaf together with value added tax at the applicable rate. All rent and other monies, including charges for water delivered by the Company, must be paid by the Customer within 30 days of the date of the Company’s invoice. If any sum remains outstanding after that time has elapsed interest shall become payable in addition calculated on a daily basis from the date of the Company’s invoice to the date of payment al a rate of 8% per month for the sum outstanding.

7. The Customer shall take good care of, properly use and keep clean and sanitary at all times the Equipment and the Bottles and shall allow the Company to inspect the same at any reasonable time. When this Agreement or hire period terminates, the Customer shall return the Equipment in the same condition as it was originally supplied by the Company (ordinary wear and tear excepted). A charge will be made or cleansing and sanitising the equipment plus any repairs or damage upon collection of the equipment.

8. The Customer shall not modify or repair or attempt to repair the Equipment and shall not re fill or otherwise reuse the bottles. Unless under dire arrangement with Wenlock Spring Water Ltd. The Equipment shall only be used for dispensing of the Company’s Bottles of Wenlock Water.

9. The Customer shall be responsible for all damage to and loss or destruction of 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 paid by the Customer towards the replacement of such he ms.

10. The Company shall not be liable for any damage 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 any liability of the Company for death or personal Injury resulting from its negligence.

11. The Customer will not lend, let or hire, sell assign transfer, charge, dispose of or part with possession of the Equipment, the Bottles or this Agreement or any of the rights or obligations hereunder and will not remove the Equipment or the Bottles from the Customer’s address specified overleaf without the Company’s previous written consent nor allow the Equipment to become a fixture on any land or property.

12. 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.

13. The Company agrees to credit or refund bottle deposits when the Bottle is returned in good condition and the Customer agrees to pay the deposit at the prevailing rate. The Company reserves the right to vary prices without notice to the Customer and has the right to charge an environmental levy to fully comply with the EU Waste Electrical and Electronic equipment directive.

14. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.