Welcome to AquaTerra

Canadians Nourishing Canadians
At Work and At Home

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Bienvenue chez AquaTerra

Au bureau comme à la maison, des Canadiens
approvisionnant des Canadiens

Nous sommes heureux de vous accueillir sur notre nouveau site web où vous trouverez nos marques.

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Canadians Nourishing Canadians At Work and At Home

 

Service Agreement

 

1. Products And Services

“Customer,” “you,” and “your” mean the named individual (first and last name) or company information which you have provided in person to one of our sales representatives, provided to us via our websites or provided to us telephonically to our call centre, and which you have confirmed is correct and complete. “AquaTerra”, “we,” “us,” and “our” mean AquaTerra Corporation and, as appropriate, our representatives and personnel. By accepting the terms and conditions of this Service Agreement and by accepting delivery of products, services and equipment from us, you are agreeing to purchase from us, and agreeing that we are authorized to provide you with, the products, services and equipment which you authorized through your method of signup and which you may order from us from time to time, in each case on the terms and conditions set forth in this Service Agreement, as this Service Agreement may be amended from time to time.

 

2. Orders And Delivery

You agree to lease our equipment and accept delivery of our products and services on a recurring basis in the amounts and as frequently as needed based on your initial order and later based on the orders authorized at the time of your signup. You agree that we are permitted to deliver products to each of the locations that you provided to us at signup and any additional locations that may be added at a later date, and you expressly authorize and agree that we may enter these locations to complete installation, delivery and pick-up. You agree to notify AquaTerra promptly of a change in your address or any requested changed to a delivery location.

 

3. Prices, Bottle Deposits And Other Charges

The initial prices for our products and services and any rent due for equipment we lease to you are the prices that have been provided to you at the time of your sign-up and which you agreed to through acceptance of the terms and conditions of our service. Please note that we bill rent for our equipment in advance. You agree to pay a bottle deposit to us for each 11.4-litre and 18.9-litre bottle we provide you, which bottle deposit will be refunded to you when you return any such bottle in good condition. Our current bottle deposit rate is $10.00 per bottle. We may charge you a Variable Energy Surcharge (“VES”) each billing period. The VES is based on the weekly Canada-wide Average Retail Prices for Diesel Canada as published by Natural Resources Canada. For details, please go to aquaterracorp.ca/energysurcharge. You agree to pay a fee for each invoice or other statement that we print and mail to you. We recommend that you sign-up to receive invoices and statements from us in electronic form (what we call “e-Invoice”) to avoid incurring these fees for paper statements. Our current fee for such printed invoices and statements is $3.00 per invoice or statement. If you request us to clean, perform maintenance on, or replace any parts in any equipment you rent from us, we reserve the right to charge you a fee for such parts and services. WE RESERVE THE RIGHT TO CHANGE THE PRODUCTS AND SERVICES WE OFFER, THE EQUIPMENT WE RENT, AND THE PRICES, BOTTLE DEPOSITS, FEES AND OTHER AMOUNTS WE MAY CHARGE YOU AT ANY TIME FOR ANY REASON. We agree to give you notice of any such change or changes by way of information provided on or with your regular statements of account and you agree to accept notice in this manner. The effective date of any such change or changes will be stated in the notice.

 

4. Invoices And Payments

You are required to pay us for all products and services provided to you by us and for all equipment you rent from us, in each case plus applicable tax, as well as all other fees and charges set forth in this Service Agreement or that we may otherwise charge to you. We will provide you with an invoice for each billing period, which generally lasts 28 days. Payment is due by you no later than the date set forth on such invoice. If payment in full is not made by the applicable due date, we may add to your account and upon such addition you agree to pay the greater of an administrative charge of $1.00 or interest at the rate of 2% per month (24% per annum) on any unpaid amount from the invoice date until the account is paid. You agree to pay an administrative charge of $40.00 for each pre-authorized payment, credit card payment or cheque returned unpaid for any reason. All administrative and interest charges pursuant to this ServiceAgreement will be added to your account and are due and payable immediately.

We encourage you to sign up for our AutoPay service, which would authorize us to charge your credit card or debit your chequing or savings account at a Canadian financial institution automatically in the full amount of your account on the due date or AutoPay payment date indicated on each invoice. There is no charge to enroll in AutoPay and you may cancel payments arranged through the AutoPay service at any time by giving us at least 10 days’ notice prior to a payment due date. Please visit our website www.aquaterracorp.ca or call our customer service centre at 1-877-442-7873 for more information.

If you are a residential customer, we may require a credit check on you before agreeing to provide you with service. Subject to our credit standards, in some instances, you may be required to provide a security deposit which will be refunded and/or applied to any amounts owed by you upon account termination. 

You may request to change your method of payment at any time through your online account with us or by calling us at 1-877-442-7873.

 

5. Equipment

We may be leasing our equipment to you. All of this equipment will remain our property and no amounts you pay us will be applied toward the purchase of any such equipment. You, your personnel and any other person who you anticipate using our equipment are required to use and maintain our equipment in a safe and proper manner and in accordance with any operating, cleaning or maintenance instructions we provide you. You will not (a) remove any of our equipment from its intended location, (b) permit any other person to repair our equipment, or (c) alter or modify any of our equipment. For the safe and proper use of our equipment, you are required to use only products delivered by us in such equipment. You must notify us immediately if any equipment is lost, stolen, damaged or destroyed. You are solely responsible for selecting the location of the equipment and any property damage or personal injury resulting from the use of such equipment at the selected location. 

 

6. Cancellation

We will continue to provide our products, equipment and services to you unless you cancel our service. You may cancel our services at any time by calling us at 1-877-442-7873. No termination fees will apply; however, you must pay for all products and services ordered and received, all equipment leased, and all applicable fees and charges, until your cancellation becomes effective. After notifying us you wish to cancel our services, you agree to make all bottles and equipment we have provided to you available for us to pick up as instructed by us in each case in good condition, normal wear and tear excepted. You will forfeit any bottle deposits and be responsible for the replacement cost of any equipment in each case that you fail to make available for us to pick up in each case in good condition, normal wear and tear excepted. We may terminate this Service Agreement immediately without notice to you in any one or more of the following circumstances (a) you are in breach of a material term ofthis Service Agreement and have not cured such breach within 30 days of your receiving notice of the breach from us, (b) upon the commission by you ofan act of insolvency, receivership, or bankruptcy, or the institution of any proceedings for the settlement of your debts, (c) upon your making an assignment for the benefit of creditors, or (d) if applicable, upon your dissolution or ceasing to do business. In any other case, we may terminate this Service Agreement without cause upon 60 days notice to you.

 

7. Limitation Of Liability And Indemnity

To the maximum extent permitted by applicable law, we disclaim any and all express or implied warranties of any kind or nature with respect to the products, equipment andservices we provide, including any warranties of merchantability and fitness for a particular purpose. You accept all products, services and equipment as is, where is and with all faults. To the maximum extent permitted by applicable law, our liability to you is limited to repairing or replacing defective products or equipment or re-performing the subject services and under no circumstances will we be liable to you or any other party for any monetary damages and we expressly disclaim any liability for consequential, incidental, special, punitive or other types of damages. If we are ever held liable to you for monetary damages, these damages will be capped at an amount equal to the payments made by you to us for the three billing periods preceding such assessment of liability. Other than to the extent of the capped amount just mentioned and to the maximum extent permitted by applicable law, we are not responsible or liable for any costs, expenses,claims or other liability related to any damage, loss or change to your personal property, home or office, or for any personal injury to you or anyother person, resulting from the installation, maintenance, use or removal of our products or equipment. To the maximum extent permitted by applicable law, you will indemnify and hold us harmless for any and all claims, damage, injury, costs, liability, expense (including the out-of-pocket amount of our reasonable attorneys’ fees) or other loss suffered or incurred by us in connection with this Service Agreement except for any of such that results from our gross negligence or misconduct.

 

8.Notices

You hereby agree that any notices, notifications or communications we may provide you in connection with this Service Agreement or any products, equipment or services you receive from us may be provided on or with your regular statements, via e-mail or other means reasonably likely to reach you.

 

9. Dispute Resolution:

If there is any dispute, controversy or claim which arises out of or relates to this Service Agreement or the provision of services by AquaTerra that cannot be resolved in the first instance by our customer service department, to the extent permitted by applicable law you agree to resolve such dispute by binding arbitration before a sole arbitrator in accordance with the Commercial Arbitration Act (Nova Scotia). You understand and acknowledge that by agreeing to binding arbitration, you are giving up the right to litigate (as a party or class member) all disputes in court before a judge or jury. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If the arbitrator rules against AquaTerra, in addition to accepting whatever responsibility is ordered by the arbitrator, we will reimburse you your reasonable attorneys’ fees and costs, regardless of who initiated the arbitration. If the arbitrator rules in our favor, we will not seek reimbursement of our attorney’sfees and costs, regardless of who initiated the arbitration. You and we each agree that any arbitration will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated, private attorney general or representative action.

 

10. General 

We may change the terms and conditions of this Service Agreement at any time and from time to time on 30 days notice to you with such changes being effective at the end of such period of notice. This Service Agreement is governed by the laws of the province of Nova Scotia and you and we agree to submit to the exclusive jurisdiction of the Supreme Court of that province for any question regarding the formation, enforcement or interpretation of this Service Agreement. You hereby waive, and agree not to assert, by way of motion, as a defence or otherwise, in any action or proceeding, any claim that you are not personally subject to the jurisdiction of the said court, that the action or proceeding is brought in an inconvenient forum, that the venue of the action or proceeding is improper or that this Service Agreement or the subject matter hereof may not be enforced in such court. The terms and conditions of this Service Agreement may only be waived or amended in writing. In case of failure or delay in exercising any right under any part of this Service Agreement, that part still remains valid and can be enforced in the future. We may assign this Service Agreement and any of our rights under it to a third party without notice to you.You may not assign this Service Agreement and any such assignment will be null and void. If any provision of this Service Agreement is held invalid or unenforceable, all other provisions will remain in full force and effect. No terms or conditions in any purchase order, order acceptance or any other document issued by you bind AquaTerra.

 

11. Language Of Agreement

At the express request of all parties hereto, this Service Agreement and all documents related to this Service Agreement and the administration of this Service Agreement have been written in English.


 

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