Terms and Conditions

I. General Terms and Conditions applicable to the purchase or rental of any Culligan Products

1. These terms and conditions apply to any purchase or rental of Culligan products by the customer as listed in the confirmed customer order ("Customer") and the Culligan entity specified for this order ("Company"). As used in this Agreement, words "you" and "your" refer to Customer, whether Customer is a person(s), partnership, corporation or other entity and Customer’s employee’s and agents and the words "we," "us," and "our," refer to Company and Company’s employees, agents and representatives. The term "Equipment" refers to the equipment or products delivered to you.

2. A. EXCEPT AS PROVIDED HEREIN THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANT ABILITY OR OTHERWISE. ALL EQUIPMENT IS SOLD ON AN "AS IS," "WITH FAULTS" BASIS. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCE FOR ANY CONSEQUENTIAL OR INCIDENTAL LOSS NOR SUBSEQUENT DAMAGE OR EXPENSES RELATED TO ANY EQUIPMENT, SERVICES OR MATERIAL OBTAINED FROM US. NOTICE: Without limiting the generality of paragraph B, (1) we are not responsible or liable for any direct or indirect damages, expenses or loss caused by any repair, alteration or movement of the Equipment, (2) we are not responsible or liable for any direct or indirect damages, expenses or loss caused by Cooler Equipment or Bottles of Water being placed on wooden floors or drinking water systems installed under sinks, (3) under no circumstances are we responsible or liable for any losses, repairs, medical expenses, living expenses or any other future or current expenses directly or indirectly related to or necessitated by mold, fungus, rust, corrosion or other bacteria or organisms.

3. 30 Day Satisfaction Guarantee. If for any reason, within 30 days following the date of delivery, you decide that you do not wish to continue use of the Equipment, you may notify us in writing that you wish to terminate your use of the Equipment. Notices may be delivered by personal delivery, mail, email or fax to our address or fax number listed on the website. We will retrieve the Equipment following your notice and all of your and our obligations under this Agreement will terminate as of the date we retrieve the Equipment. We will return to you any payments (with the exception of permit and installation charges) you have made to us under this Agreement, assuming the Equipment is in as good condition as it was when installed, except for normal wear and tear. You will be responsible for any removal fees incurred and are due at the time of such termination of service. You will also be responsible for any service or repair required to be made to the Equipment as a result of your negligence or misuse or the negligence or misuse of others while the Equipment is in your possession. In order for your notice to be effective under the 30 Day Satisfaction Guarantee, it must be in writing and received by us prior to midnight on the 30th day following the date of delivery of the Equipment. Notices may be delivered by personal delivery, mail or fax to our address as listed below.

4. All periodic payments due under this Agreement are due on the date stated on the billing statement you receive from us.

5. The occurrence of any of the following events will constitute a default under this Agreement: (i) you fail to pay any amount payable by you for products are services ordered within ten (10) days of the agreed due date; (ii) you fail to observe or perform any covenant or agreement contained herein; (iii) you become insolvent or any proceeding is instituted by or against you alleging that you are insolvent or bankrupt; or (iv) in the case of a Customer Service Agreement, you move the Equipment from the Equipment Location where it has been installed (as defined in paragraph I below), without our prior written consent.

6. Upon any default by you as described in paragraph E above, we have the option to immediately terminate our service Agreement without notice. The entire payment amount (whether under a Customer Service Agreement or Customer Purchase Agreement or Protection Plus Program) will become immediately due and payable and the deposit, if any, will be applied to your outstanding balance. Where allowed by law, you agree to pay all costs of collection, including reasonable attorney fees and expenses of repossession.

7. We may assign this Agreement to a third party ("Assignee"). The Assignee will be entitled, upon notifying you of such assignment, to the performance and payment by you of all obligations you owe under this Agreement and the Assignee will also be entitled to all rights and remedies under this Agreement.

8. Purchase Money Security Agreement for Customer Purchase Agreement Only: To secure all your obligations under this Agreement, including any amount due on returned checks, you grant us a purchase money security interest in the Equipment and the proceeds of the Equipment (for example, any money or property payable to you for the loss, destruction, or sale of the Equipment, including insurance proceeds). We have all remedies provided to a secured creditor under the law.

9. Upon termination due to your default, we may, pursuant to applicable law, enter the location where the Equipment is located ("Equipment Location") during normal business hours and remove or retake possession of the Equipment without creating any liability to you against us by reason of doing so. You will not be released from any liability to us for your failure to make any of the payments owed or for your failure or inability to perform the conditions set forth herein. You agree to waive all claims for injuries suffered through or a loss caused by such repossession.

10. Our retaking of the Equipment under any circumstance will not be deemed a waiver of our rights to payment. In case of a default by you, we may accept any payment or payments owed without in any way waiving our rights reserved under these Terms and Conditions with respect to any such default in existence at the time such payment or payments were accepted.

11. All Equipment will be deemed to be personal property, and will not be deemed affixed to or a part of any real estate. You may not assign this Agreement without our written consent, and may not sell, lease or part with possession of the Equipment.

12. Any amounts due and remaining unpaid more than 10 days after the final payment due date including any amounts due under a Customer Service Agreement remaining unpaid more than 10 days after the due date are subject to a late charge of $1 or 5% of the unpaid balance, whichever is greater (up to the maximum late charge allowed under applicable law).

13. You acknowledge that in accepting these Terms and Conditions, you have not relied upon any statements or promises (whether oral or written) made to you by us or our agents or employees, except those expressly contained in this Agreement.

14. I authorize you to obtain a consumer credit report about me from one or more consumer reporting agencies.

II. Additional Terms and Conditions applicable to Customer Service Agreements Only [These terms are only applicable to customers who enter into a separate service agreement]

1. In consideration of your payment to us of the amount(s) listed in the Customer Service Agreement ("Service Payment"), we agree to provide to you the Equipment and/or materials and supplies for your use at the Equipment Location. Monthly rates listed in the Service Agreement are subject to change.

2. ALL EQUIPMENT FURNISHED UNDER THIS AGREEMENT REMAINS OUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE BYPASS VALVES AND HOSES.

3. Except as provided in paragraph F above, either we or you can terminate your Customer Service Agreement by notifying the other of its intent to terminate pursuant to this paragraph. The notice must be in writing and received by us 10 days prior to the end of the then-current month. Notices may be delivered by personal delivery, mail, email or fax to our address or fax number listed on the website. The termination will be effective on the 1st of the next month. Except as provided in paragraph C, this is the only way you can terminate your Customer Service Agreement. You will be responsible for the Service Payments due during the month you give us such notice.

4. We will maintain and keep all Equipment in proper operating condition without additional charge, unless repair or replacement is due to your negligence or misuse, or the negligence or misuse of others while the Equipment is in your possession. Negligence or misuse include moving or altering the Equipment; failing to use appropriate quality products (with respect to Bottled Water Equipment, failing to use proper grade water); failing to notify us within a reasonable period of time after an Equipment failure; and failure to keep the Equipment reasonably clean. Service calls on Equipment damaged due to such negligence or misuse are your responsibility and will be charged at our prevailing prices. You bear the risk of loss or damage to the Equipment by fire or other casualty.

5. You agree that we may enter your premises where the Equipment is located during normal business hours to make repairs or deliveries.

6. You agree that you will (1) not misuse or alter the Equipment, nor deface or tamper with our name tag on the Equipment; (2) not move the Equipment from the Equipment Location without our prior written consent; and (3) surrender the Equipment to us upon the termination of this Agreement in as good condition as when installed, except for reasonable wear and tear.

7. Upon termination for reasons other than default, we will give you reasonable notice of the time at which we will attempt to retrieve the Equipment. In the event you fail to make the Equipment available to us within seventy-two (72) hours of the time at which we attempt to retrieve the Equipment, you will be in default giving rise to all remedies for a default and you will be liable for the fair market value of the Equipment at that time.

8. This is a service agreement, not a financing lease, Equipment lease or insurance agreement.

III. Terms and Conditions applicable to Culligan Advantage Plus

1. Sections A, B, C, D, E (i)-(iii), F, L, M apply to the Culligan Advantage Plus.

2. In consideration of your payment to us of the amount(s) listed on the order confirmation as to the Culligan Advantage Plus, we agree to provide the materials, supplies and services under the Culligan Advantage Plus.

3. The obligations under the Culligan Advantage Plus are secured by the security interest granted in H above and all remedies under Sections I and J shall apply.

4. We will maintain and keep the Equipment covered by the Culligan Advantage Plus in proper operating condition without additional charge, unless repair or replacement is due to your negligence or misuse, or the negligence or misuse of others while you are a customer in good standing (no overdue balance or other default) of the Culligan Advantage Plus. Negligence or misuse include moving or altering the Equipment; failing to use appropriate quality products; failing to notify us within a reasonable period of time after an Equipment failure; and failure to keep the Equipment reasonably Clean. Service Calls on Equipment damaged due to such negligence or misuse are your responsibility and will be charged at our prevailing prices. You bear the risk of loss or damage to the Equipment by fire or other casualty.

5. If the Culligan Advantage Plus converts to a month-to-month basis, the monthly rates are subject to change.