ACCEPTANCE OF TERMS, CONDITIONS AND DISCLAIMERS The Spring Mountain website is owned and operated by Spring Mountain H2O (ABN: 655 891 671 55). By accessing or using this website you agree to these terms and conditions and acknowledge and accept the disclaimers and that you have read and understood these terms and conditions. By purchasing a product or service from this website and/or by completing the registration process, you expressly agree to be bound by these terms and conditions. Spring Mountain may amend these terms and conditions from time to time. Any amendment will be effective immediately upon being published on this website. Your continued use (via browsing and purchasing product) of this website after any amendment becomes effective constitutes an agreement by you to abide and be bound by these terms and conditions, as so amended. 1. DEFINITIONS “Agreement” means the Rental Agreement Form, Delivery Docket, Website order, Phone or Fax order, or any other method of purchasing signed by the customer. All Agreements automatically incorporate these Terms and Conditions. “Spring Mountain ” means Spring Mountain H2O (ABN: 65589167155), located at 2 Spireton Place Pendle Hill , NSW 2145 “Bottle Charge” means an amount of $20 plus GST payable by the Customer to Spring Mountain H2O for each Spring Mountain Spring Water bottle supplied to the customer but not returned upon Spring Mountains request. “Customer Representative” means an individual director, officer or employee of the Customer named in the Agreement. “Equipment” means Spring Water bottle(s), Spring Water Cooler(s), Filtered Water Coolers, Bottle rack(s), Cup holder(s) and other materials rented by the Customer from Spring Mountain , as identified in the Agreement. “Products” means Spring Water, Filter cartridges, under sink water filtration systems, cups and other consumables or products sold to the Customer by Spring Mountain. “Water Filtration Installation Charge” means an amount payable by the Customer for installation of water filtration products, as set out in the Agreement. 2. AGREEMENT This document sets out the Terms and Conditions applicable to the Agreement between the customer (“Customer”) and Spring Mountain H2O (“Spring Mountain”) under which Equipment may be rented by the Customer and Products may be purchased by the Customer from time to time. 3. COMMENCEMENT DATE The commencement date of the Agreement is the date the Agreement is signed by the Customer. 4. TERM a) The Agreement remains in force for the minimum term (the “Term”) as stated on the Agreement or the first invoice (the “Invoice”). Subject to clause 12(e) below, at the end of the Term, the Agreement will automatically renew on the same terms and conditions (unless otherwise stated in the Agreement) until terminated by either party with thirty (30) days written notice to the other party. b) 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 Spring Mountain ) Upon termination of the Agreement, the fee for any unused Products will not be refunded. 5. OWNERSHIP The Customer acknowledges that the ownership of the Equipment is retained by Spring Mountain at all times. Spring Mountain 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 Spring Mountain to demand the immediate payment of the balance of the consideration due from the Customer in these circumstances. 6. EXCLUSIVE USAGE The Customer agrees that the Equipment shall be used for the sole purpose of using and dispensing products supplied by Spring Mountain. 7. WARRANTY AND REPAIRS a) Spring Mountain 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. b) Spring Mountain will provide a 12 month replacement warranty on any under sink water filtration Product. c) 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. d) 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. e) 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 Spring Mountain for breach of the condition or warranty is limited to one of the following, at the option of Spring Mountain: i) in the case of goods: (1) the replacement of the goods or the supply of equivalent goods; (2) the repair of the goods; (3) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (4) the payment of the cost of having the goods repaired; or ii) in the case of services: (1) the supplying of the services again; or (2) the payment of the cost of having the services supplied again. f) Subject to clause (g) below, under no circumstance is Spring Mountain 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. g) Spring Mountain 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 (f) above is not intended to exclude or restrict the application of such laws. h) The Customer agrees to maintain the Equipment in a clean and hygienic condition and acknowledges that if Spring Mountain considers the Equipment to be in a substantially unclean or unhygienic condition, Spring Mountain reserves the right to clean and sanitise (or exchange) the Equipment on the Customer’s behalf at the Customer’s reasonable expense. Spring Mountain agrees to notify the Customer in advance of its intention to clean and sanitise the Customer’s Equipment and any charges which may apply. 8. LOST OR DAMAGED EQUIPMENT 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 spring mountain in writing and only after receiving approval from Spring Mountain. Spring Mountain agrees not to unreasonably withhold its approval to move the Equipment. 9. 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 Spring Mountain in full for the reasonable costs of repair or replacement of the Equipment. This includes Spring Mountains right to apply the Bottle Charge for lost Spring Water bottles. 10. PAYMENT TERMS a) The Customer must make payment by credit card, direct debit, cheque, money order, EFT, COD or any other payment method approved by Spring Mountain in writing before or upon installation of the Equipment. Invoices thereafter are payable on account (subject to Spring Mountain) approving the Customer for account terms) within thirty (30) days of Invoice date. b) The Customer agrees that all payments received by Spring Mountain will be allocated as per the Invoice number specified by the Customer or alternatively, if no Invoice number is specified, then at Spring Mountain discretion. 11. OVERDUE PAYMENTS a) The Customer agrees if their account is not paid in full by the specified due date, Spring Mountain may stop delivering water and/or charge a late payment fee of $10.00 + GST per month. b) 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 Spring Mountain including all fees charged by the Customer’s bank to Spring Mountain Water plus reasonable administration charges. c) The Customer agrees that any reasonable costs or disbursements incurred by Spring Mountain 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. 12. PRICING a) The Customer agrees to pay for the Products and Equipment supplied by Spring Mountain on An Annual or 6 monthly basis, including GST where applicable, at the price specified on the initial Agreement, or at the revised price specified by Spring Mountain according to clauses 12(d) or (e). b) The Customer agrees that the total initial payment as set out in the Agreement is payable before or on installation of the Equipment or Products (as applicable). c) The Customer agrees that any Water Filtration Installation Charge is non-refundable. d) Spring Mountain reserves the right to adjust the price of Products during the Term, acting reasonably taking into account increases in the costs of Products to Spring Mountain and the Consumer Price Index, by giving 7 days’ notice to the Customer of the price increase. e) Spring Mountain reserves the right to adjust the price of the Products and/or Equipment after expiration of the initial Term acting reasonably taking into account increases in the costs of Products and Equipment to Spring Mountain and the Consumer Price Index, by giving reasonable notice to the Customer of the price increase. f) If the Customer is supplied certain Spring Mountain Spring Water bottles, the Customer agrees to pay the Bottle Charge for any bottles they are unable to return to Spring Mountain. g) Spring Mountain reserves the right to charge the Customer an “un-plumb” fee if the Agreement is terminated by either party and the Customer requests that Spring Mountain removes pipes from or repairs walls in the Customer’s premises. Spring Mountain agrees that the un-plumb fee will be a reasonable amount which reflects the costs incurred by Spring Mountain in removing pipes and/or repairing walls. 13. AGREEMENT TO OBTAIN CERTAIN INFORMATION: a) The Customer Representative consents to Spring Mountain 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 Spring Mountain to improve customer services and allowing to market the services of its partners. b) The Customer Representative may notify Spring Mountain at any time if the Customer Representative does not wish to continue receiving marketing information from Spring Mountain. c) Spring Mountain will not disclose the Customer Representative’s personal information to any person unless it is: i) required or authorised by law; ii) to a contracted mailing house or to another organisation providing services to Spring Mountain bound by confidentiality agreements; or iii) to an entity that acquires the business or assets of Spring Mountain. 14. DELIVERY: a) Spring Mountain 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. b) Should the Customer require delivery outside of the regular delivery cycle, additional charges may apply. c) The Customer acknowledges and agrees that Spring Mountain may impose minimum delivery quantities for certain Products subject to Spring Mountain notifying the Customer 30 days in advance of any minimum delivery quantities which may apply. d) The Customer agrees to provide Spring Mountains 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.
THINGS YOU NEED TO KNOW
$99 COOLER PLUS 6 FREE BOTTLES DEAL *$99 plus GST is the cooler rental for the first year. The rental is automatically renewed annually for each year thereafter unless otherwise stated by the customer via email in writing. Water cooler style may vary. Coolers are only to be used with spring mountain water products. PLUMBED-IN ECO COOLER DEAL Rate of $11 a week advertised is charged upfront and in advance , either an annual fee of $572 (gst inc) or a 6 monthly fee of $286 (gst inc). Invoice terms of payment are 7 days or up to 30 days negotiated. On difficult or time consuming installs Spring mountain may charge a minimum of $199 installation fee. ‘Time consuming’ would be considered installs over the time of 60 minutes. ‘Difficulties’ may be encountered if there is old plumbing fixtures, a long distance between the desired cooler location and the water source requiring extra parts, and or other events that may cause delays on the general install time. Each install of a plumbed in cooler is unique to each customers needs, therefore each install requires a site check in person by a Spring Mountain hydration specialist who will provide a recommendation and costed up quote before the agreed contract is signed and installation commences. EASY FILL COOLER DEAL Easy fill cooler Deal of $1 per day is to be paid 12 months in advance At $365 + gst or every 6 months in advance $182.50 +gst. Invoice terms of payment are 7 days or up to 30 days negotiated. Filter change and servicing will be undertaken every 6 months .
60 Day Money Back Guarantee *Only applies to purchases from new customers that include a spring water cooler or filtration cooler. Only the upfront cost is refundable should a customer wish to cancel within the first 60 days (i.e. additional water purchases will not be refunded). The 60 day money back guarantee commences from date of order.