1. Scope. This Dispenser Rental and Water/Coffee Service Agreement (this "Agreement") is entered into between you and Fontis Water, Inc. for the purchase and delivery of bottled water and/or coffee and/or rental of a dispenser and related services and equipment. In this Agreement, the words, "Customer", "you", and "your" mean the person who signed this contract as the customer. Bottled water and/or coffee will be delivered on a regular, scheduled, replenishment basis. 2. Term. This Agreement begins on the date of your first delivery and set-up and continues for the term indicated in section 3 on the front of this agreement (the "Initial Term"). If no Initial Term is shown in item 3, then the Initial Term of this Agreement shall be one (1) year consisting of 12 billing periods. Upon expiration of the Initial Term, this Agreement shall automatically renew on a year-to-year basis consisting of 12 billing periods per year (the "Renewal Term"), until cancelled in accordance with this Agreement. 3. Payments. You agree to pay Fontis Water (i) for all bottled water and/or coffee, and other products, services and equipment delivered, as specified in this Agreement, plus applicable tax, and (ii) the dispenser rental fee, plus applicable tax, and (iii) all other fees and charges as provided in this Agreement. These amounts are due by the payment due date specified on each invoice. Customer will be invoiced approximately every 30 days. If you have elected to make payments by credit or debit card, you authorize Fontis Water to make a recurring charge for each transaction against your credit or debit card account. Fontis Water may place an authorization hold on your account to verify funds availability. Fontis shall not be liable for any fees or penalties imposed by your financial institution, including fees for insufficient funds or over-limit charges, in connection with such payments. You may change the method of payment upon written notice to Fontis Water as per Section 11 below or by calling Fontis Water Customer Service. 4. Title. Returnable water bottles, dispensers, coffee equipment, and related equipment shall remain the exclusive property of Fontis Water. Dispenser and coffee equipment rental payments do not apply toward the purchase of dispenser or coffee equipment. 5. Fees. In addition to the payments in section 3 above, you agree to pay the following fees in connection with this agreement. A minimum late fee of $10.00 and no more than $25.00 will be charged for any payment which is past the payment due date. You agree to pay a returned check/debit card fee of $25.00 for any check or debit card that is returned unpaid. Fontis Water reserves the right to charge, in its sole discretion, a Fuel Surcharge per delivery. You agree to pay a bottle deposit (where applicable) in the amount set forth on the front of this Agreement. Bottle deposits are refundable, subject to the return of the empty returnable bottles in good condition, normal wear and tear expected. Charges and credits for bottles will appear on your monthly invoice. You agree to pay Fontis Water for any loss due to theft or damage for any cause whatsoever to any dispenser, coffee equipment, or related equipment, normal wear and tear expected. All consumable product sales are final and credit will not be issued for unused returned product. 6. Change In Terms. Fontis Water may change the terms of this Agreement, including pricing, fees and charges, at any time, upon prior written notice to you. If you do not consent to the change, you agree to notify Fontis Water to cancel your service. 7. Cancellation. You may cancel this Agreement at any time, for any reason, by doing the following (as applicable): (i) providing written notice to Fontis Water at least thirty (30) days prior to the desired cancellation date, and (ii) if such cancellation date is not within the 30 day period prior to the end of the Initial Term, Fontis Water may charge you and administrative cancellation fee of $100.00 or the remaining equipment rental for the Initial Term set forth on the front of this Agreement, whichever is more. Within fourteen (14) days following any cancellation of this Agreement, you agree to return all water bottles, dispensers, coffee equipment, and related equipment in good condition, normal wear and tear expected, to our office or to a Fontis Water Representative. 8. Default. You will be in default of this Agreement if you fail to make a payment when due or fail to comply with any other term of this Agreement. If you are in default, and do not resolve the default within the time period provided in our notice, Fontis Water may cancel this Agreement and demand immediate payment of the entire unpaid balance due, together with an administrative cancellation fee of $100.00 or the remaining equipment rental for the Initial Term set forth on the font of this Agreement, whichever is more. In the event of an unresolved default, Fontis Water also reserves the right to cease delivery of bottled water and/or coffee and you agree to immediately return to our office or to a Fontis Water Representative the dispenser, coffee equipment, previously delivered returnable water bottles, and related equipment. You agree to pay all legal fees and collection cost incurred by Fontis Water, its agents or assigns in connection with collecting amounts you owe under this Agreement and the recovery of any water bottles, coffee equipment and dispensers in your possession, to the maximum extent permitted by law. 9. Liability. FONTIS WATER DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLEAR TITLE, OR NON-INFRINGEMENT. The total liability of Fontis Water under this Agreement shall be limited to repairing or replacing defective water bottles, dispensers, coffee equipment and related equipment delivered by Fontis Water to you. Under no circumstances shall Fontis Water be liable to you or any other party for any monetary damages whatsoever in connection with this agreement or the products or services provided by Fontis Water. Without limiting the preceding sentence, Fontis Water specifically disclaims any responsibility or liability for any consequential, incidental, special, exemplary, punitive, or other similar damages, however denominated. If, despite the limitations contained in this Section 9, monetary liability is imposed upon Fontis Water, you agree that under no circumstances shall any liability exceed the lesser of actual damages or an amount equal to the total payments made by you to Fontis Water pursuant to this Agreement during the three (3) billing periods preceding such assessment of liability. You agree to waive and hold Fontis Water and its directors, officers, agents and employees harmless against any claims, damage, injury, or Liability suffered or incurred by you or your agents, guests or family member's negligence or misconduct or operation or use of water bottles, products, dispensers, coffee equipment or related equipment provided to you under this Agreement. You further agree to indemnify, defend and hold harmless Fontis Water and its directors, officers, agents and employees from and against any claims, damage, injury, costs, liability, expense (including reasonable attorney's fees) or other loss threatened, suffered, or incurred by Fontis Water as a result of your negligence or misconduct or operation or use of water bottles, products, dispensers, coffee equipment or related equipment provided to you under this Agreement. You waive all rights to bring any claim against Fontis Water as a class member or class representative, notwithstanding applicable law. You acknowledge that water or coffee can damage surfaces with which they come into contact and that leaks may occur from water bottles, dispensers or coffee equipment. You are responsible for selecting the location for placement of water bottles, dispensers or coffee equipment in your home or office and have full responsibility for any damage or loss that occurs. You acknowledge that installation, use or removal of water bottles, dispensers or coffee equipment is your responsibility and may change your personal property, home or office. Fontis Water is 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 resulting from the installation, use or removal of water bottles, dispensers or coffee equipment.
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