“Agreement” means the Agreement Form, incorporating these Terms and Conditions. “Agreement Form” means the form signed by the Customer or the purchase invoice received by the customer for Equipment rental and/or first supply of Product “Bottle Deposit” means a refundable amount payable by the Customer to Rain Again as set out in the Agreement, for the use of certain Rain Again pure water. “Customer Representative” means the person signing the agreement, in the case of the Residential Customer or an individual director, officer or employee of a Business Customer named in the Agreement Form. “Equipment” means water bottle/s, water cooler/s, bottle rack/s and other materials rented by the Customer from Rain Again, as identified in the Agreement form or subsequent purchase invoices “Products” means bottled water, cups and other consumables or products sold to the Customer by Rain Again.
This document sets out the Terms and Conditions applicable to the Agreement between the customer (“Customer”) and Rain Again Pty Limited (“Rain Again”) under which Equipment may be rented by the Customer and Products may be purchased by the Customer from time to time.
- COMMENCEMENT DATE:
The commencement date of the Agreement is the date the Agreement Form is signed by the Customer or the purchase invoice is received for equipment rental.
- The Agreement remains in force for the minimum term (the “Term”) as stated on the Agreement Form or the first invoice (the“Invoice”). Subject to clause 12(c) below, at the end of the Term, the Agreement will automatically renew on the same terms and conditions until terminated by either party with thirty (30) days written notice to the other party.
- If the Customer elects to return the Equipment prior to the end of the Term, the Customer is still liable to pay for all outstanding rentals, Invoices, reasonable overdue interest charges, reasonable debt collection fees, reasonable dishonour fees and any other reasonable charges (the “Charges”), which may apply on demand as a debt due from the Customer to Rain Again.
- Upon termination of the Agreement, the fee for any unused Products or rental fees will not be refunded.
The Customer acknowledges that the ownership of the Equipment is retained by Rain Again at all times. Rain Again shall have the right to remove the Equipment in the event that the Customer fails to abide by the material terms and conditions of the Agreement, or becomes bankrupt, insolvent, is wound-up or discontinues operation. The above shall be in addition to the right of Rain Again to demand the immediate payment of the balance of the consideration due from the Customer in these circumstances.
- EXCLUSIVE USAGE:
The Customer agrees that the Equipment shall be used for the sole purpose of using and dispensing products supplied by Rain Again.
- WARRANTY AND REPAIRS:
- Rain Again provides a full warranty on the Equipment for the duration of the Agreement and will perform without charge, all repairs necessary to keep the Equipment in good operating condition or, at its discretion, to replace it with equivalent Equipment.
- The Customer agrees to exercise due care to protect the Equipment, and acknowledges that the warranty will be null and void and the Customer will be responsible for the reasonable cost of repair or replacement of the Equipment if the failure of the Equipment is a result of extraordinary wear and tear caused by the Customer, alteration or tampering with the merchandise parts, misuse or negligence by the Customer.
- To the full extent permitted by law, all conditions and warranties that would be implied (by statute, general law, customs or otherwise) are expressly excluded.
- If any condition or warranty is implied into this document under the Trade Practices Act 1974 (Cth) or under any applicable legislation, and cannot be excluded, the liability of Rain Again for breach of the condition or warranty is limited to one of the following, at the option of Rain Again:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
- Subject to clause (f) below, under no circumstance is Rain Again liable to the Customer for any indirect loss or consequential loss, however it arises or for punitive or exemplary damages or for any loss of profit, loss of revenue, or loss of opportunity.
- Rain Again acknowledges that certain laws imply terms, conditions or warranties into consumer contracts for the supply of goods or services that cannot be excluded (eg Part V Division 2 of the Trade Practices Act). Clause (e) above is not intended to exclude or restrict the application of such laws.
- The Customer agrees to maintain the Equipment in a clean and hygienic condition and acknowledges that if Rain Again considers the Equipment to be in a substantially unclean or unhygienic condition, Rain Again reserves the right to clean and sanitise (or exchange) the Equipment on the Customer’s behalf at the Customer’s reasonable expense. Rain Again agrees to notify the Customer in advance of its intention to clean and sanitise the Customer’s Equipment and any charges which may apply.
The Customer agrees not to remove the Equipment from the premises where it is initially installed (or subsequently moved to under the provisions of this clause) without first notifying Rain Again in writing and only after receiving approval from Rain Again. Rain Again agrees not to unreasonably withhold its approval to move the Equipment.
- LOST OR DAMAGED EQUIPMENT:
In the event of the Equipment being lost or damaged while in the care of the Customer, the Customer agrees to reimburse Rain Again in full for the reasonable costs of repair or replacement of the Equipment. This includes Rain Again’s right to charge for lost bulk bottles.
- PAYMENT TERMS: In the event of the Equipment being lost or damaged while in the care of the Customer, the Customer agrees to reimburse Rain Again in full for the reasonable costs of repair or replacement of the Equipment. This includes Rain Again’s right to charge for lost bulk bottles.
- The Customer must make payment by credit card, direct debit, cheque, money order, EFT, or any other payment method approved by Rain Again in writing before or on installation of the Equipment. Invoices thereafter are payable on account within thirty (30) days of Invoice date.
- The Customer agrees that all payments received will be allocated as per the Invoice number specified by the Customer or alternatively, if no Invoice number is specified, then at Rain Again’s discretion.
- OVERDUE PAYMENTS:
- The Customer agrees that any payments dishonoured or reversed by the Customer’s bank (made by cheque, direct debit or credit card) will be reimbursed by the Customer to Rain Again including all fees charged by the Customer’s bank to Rain Again plus reasonable administration charges.
- The Customer agrees that any reasonable costs or disbursements incurred by Rain Again in recovering any outstanding monies including Equipment pick up fees, debt collection agency fees, solicitor’s costs plus overdue interest charges calculated daily from due date and applied at 15% per annum, shall be paid by the Customer.
- The Customer agrees that at the conclusion of the Agreement, Rain Again may offset the amount of the Bottle Deposit against any amount owing to Rain Again under the Agreement which has not been paid by the Customer within a reasonable timeframe.
- The Customer agrees to pay for the Products and Equipment supplied by Rain Again on a monthly or annual basis, including GST where applicable, at the price specified on the initial delivery Invoice, the Agreement Form, or at the revised price specified by Rain Again according to clause 12(c).
- The Customer agrees that the total initial payment as set out in the Agreement Form is payable before or on installation of the Equipment or Products (as applicable).
- Rain Again reserves the right to adjust the price of the Products and/or Equipment after expiration of the initial Term.
- If renting certain Rain Again pure water bottles, the Customer agrees to pay a Bottle Deposit amount, which will be refunded by Rain Again to the Customer at the conclusion of the Agreement, subject to clause 11(c) above.
- AGREEMENT TO OBTAIN CERTAIN INFORMATION:
- The Customer Representative consents to Rain Again using and disclosing its personal information for the express purposes of accepting, processing and fulfilling the Customer’s order, notifying the Customer of its order status, product research and development, assisting Rain Again to improve customer services.
- The Customer Representative may notify Rain Again at any time if the Customer Representative does not wish to continue receiving marketing information from Rain Again.
- Rain Again will not disclose the Customer Representative’s personal information to any person unless it is:
- required or authorised by law;
- to a contracted mailing house or to another organisation providing services to Rain Again bound by confidentiality agreements; or
- to an entity that acquires the business or assets of Rain Again.
- Rain Again will deliver the Equipment and Products to the Customer’s nominated premises and thereafter will deliver Products on a regular scheduled delivery cycle based on the Customer’s needs.
- Should the Customer require delivery outside of the regular delivery cycle, additional charges may apply up to a maximum of $10 for an expedited delivery
- The Customer acknowledges and agrees that Rain Again may change the delivery cycle period at its discretion depending on usage
- The Customer agrees to provide Rain Again’s representative reasonable and safe access to its premises to allow the efficient delivery of Equipment and Products, and where applicable to use its best endeavours to have its empty bottles available for collection on its scheduled delivery day