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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Terms & Conditions

 

THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS AND FORM AN AGREEMENT BETWEEN YOU (THE CUSTOMER) AND AQUATERRA CORPORATION (‘AQUATERRA)’). THESE TERMS AND CONDITIONS WERE LAST UPDATED ON: May 29, 2014.

 

Term:

The initial Term of this Agreement shall commence on the Effective Date and shall continue for the period set out in the Agreement. Upon expiry of the Initial Term, this Agreement shall automatically continue on the same Terms and Conditions unless otherwise amended in writing.

 

Water:

A $10.00 refundable deposit applies to each 18L or 11L water bottle delivered (refundable upon return of the bottle), which is in addition to the charges for the Bottles and/or Leased/Rented Equipment.

 

Filtration

Customer agrees to rent Filtration Equipment for a term of three years from the date of initial installation per location. Should the Customer return rented Filtration Equipment before the expiry of the rental term, then the Customer shall pay in full to AquaTerra the remaining balance of the term.

Filter changes on Rental

If the Customer rents the Filtration Equipment, two filter changes per year are included at no charge by AquaTerra. If additional filter changes are required, the Customer shall pay for each filter change. The Customer agrees to pay for the cost of the actual filter being installed as well as any associated service or installation costs.

Filter Changes on Purchase

If the Customer purchases the Filtration Equipment, the Customer shall pay for each required filter change. The Customer agrees to pay for the cost of the actual filter being installed as well as any associated service or installation costs.

 

Coffee:

Coffee Prices are quoted and Coffee Equipment is loaned based on the Customer purchasing an amount of coffee products and/or services from AquaTerra that is equal to or greater than the Coffee Minimum Monthly Revenue Requirement as defined in this Agreement. If the Customer varies the volume of coffee purchased, for any given piece of Equipment, then AquaTerra  shall have the right to exchange or remove that Equipment, charge or modify the Rental Payment, or change pricing of products.

 

Total Minimum Monthly Revenue Requirement

Total Minimum Monthly Revenue Requirement is defined as; the total dollar spend per 4-week billing period by the Customer for all products and/or services purchased from AquaTerra. Price is quoted based on the Customer purchasing an amount of products and/or services from AquaTerra that is equal to or greater than the Total Minimum Monthly RevenueRequirement as defined in the Agreement. If the actual amount of products and/or services purchased by the Customer varies from the Total Minimum Monthly Revenue Requirement as defined in this Agreement, then AquaTerra shall have the right to change pricing of products.

 

Change in Location:

Customer agrees to notify AquaTerra, in writing, of any change in the location of any Rented Equipment. Plumbed-in Equipment can only be moved by employees of AquaTerra. In addition, if the Customer relocates from the Premises to other Premises, it shall notify AquaTerra in writing 60 days in advance and AquaTerra shall then have the option, at its sole discretion, and which option shall be exercised by written or verbal notice to the Customer within 30 days, to continue the Agreement at such New Premises on the same Terms and Conditions contained herein.

 

Equipment:

All Equipment delivered or installed to Customer is owned by AquaTerra unless otherwise sold to the Customer by AquaTerra. Equipment is subject to replacement fees if Customer causes loss or undue damage to the Equipment due to its own negligence. Customer agrees to use the provided Equipment only with products purchased from AquaTerra.

 

Liability:

The Customer acknowledges that it has the care, custody and control of Equipment owned by AquaTerra and accepts responsibility and liability for the Equipment and its contents, except when it is being physically handled by employees of AquaTerra.  The Customer agrees to hold AquaTerra harmless with respect to any loss, damage, or injury to any person or property directly or indirectly arising from, or relating to, any equipment, products or supplies sold, leased, delivered, or serviced by AquaTerra in relation to this Agreement; unless damage, loss or injury is caused by AquaTerra’s gross negligence. 

 

Maintenance

AquaTerra agrees, during the Term, to service Equipment owned by AquaTerra and keep it in proper working condition. Customer is responsible for keeping Water Equipment and Coffee Equipment clean in accordance with AquaTerra’s recommendations for such Equipment. AquaTerra’s recommendations for maintaining the Equipment can be obtained upon request.

 

Payment Terms:

Payment Terms are NET thirty (30) days, unless clearly stated otherwise in Agreement. AquaTerra reserves the right to modify or amend Payment Terms hereunder.

 

Payment Penalty:

All If the Customer does not pay invoices within thirty (30) days of the invoice date, Customer agrees to pay interest at the rate of 1.5% per month (or 18% per annum) on any unpaid amount from the invoice date until paid. Customer agrees to make all payments hereunder without set-off, counterclaim or defense.

 

Surcharges:

Fuel Surcharge

There is a standard Fuel Surcharge applicable to each delivery. 

Printing Surcharge

There is a standard Printing Surcharge for each paper invoice and each delivery receipt that is printed. Customers can avoid the charge by creating an online account and signing-up for electronic-billing and electronic delivery receipts.

 

Termination

This Agreement can be terminated by either party giving ninety (90) days written notice. Notwithstanding, AquaTerra may terminate the Agreement without notice if the Customer is in breach or default.

 

Upon termination of this Agreement for any reason, in addition to other applicable remedies, AquaTerra shall have the right to remove the Equipment from Customer's premises. If Customer fails to permit AquaTerra to remove its Equipment, or if equipment is in non-workable condition, Customer shall reimburse AquaTerra for the value of said Equipment at an amount equal to AquaTerra’s invoice cost for the Equipment plus 25%.


 

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