Terms & Conditions

“TERMS AND CONDITIONS (Mains Fed Dispensers)”

1. All equipment (the “Equipment”) is either rented or sold, and products are supplied, to the Customer (“Customer”) by The Divine Water Company Ltd (the “Lessor” / “Company”) on the terms and conditions described in this Agreement.

-For Rented Equipment: Equipment furnished to the Customer on a rental basis shall at all times remain the absolute property of the Lessor.

-For Purchased Equipment: Risk of loss or damage to the Equipment shall pass to the Customer upon delivery. However, title and ownership of the Equipment shall not pass to the Customer until the Company has received payment in full (in cleared funds) for the Equipment and all other sums which are or which become due to the Company from the Customer. Until title passes, the Customer shall hold the Equipment on a fiduciary basis as the Company’s bailee and must keep the Equipment separate from those of the Customer and third parties and properly stored, protected, and insured.

2. The Lessor may terminate this Agreement at any time giving prior notice to the Customer. The Lessor may terminate this Agreement immediately without notice if any of the following shall happen:

• Non-payment when due of any rent or other monies owing by the Customer to the Lessor.
• The Customer’s abandonment of the Equipment.
• The Customer’s failure to perform any of the terms and conditions on its part as required by this Agreement.
• The Customer becoming bankrupt or insolvent, or being a company making an assignment for the benefit of creditors or ceasing to do business as a going concern or entering into liquidation whether compulsory or voluntary or having a receiver appointed or taking or suffering any similar action in consequence of debt.

3. The agreement will commence on the start date shown on the contract and will continue for the period specified (“the initial period”) and thereafter for continuous successive periods of twelve months (“renewal periods”). The agreement may be terminated by the Customer giving at least three months notice in writing prior to the initial minimum period (stated on contract) or a subsequent renewal period. To be valid, this notice must be sent via recorded delivery post or acknowledged email to the Lessor. Failure to provide valid notice within this strict timeframe will result in the Agreement automatically renewing for a further continuous successive period of twelve months. For the avoidance of doubt, charges are payable for the whole of the initial minimum period regardless of when notice is given and no refund of any charges shall be payable by the Lessor to the Customer. In addition, in the event that a Customer terminates this agreement but with less than three months notice in writing, then the agreement shall be terminated forthwith but the Customer shall remain liable to the Lessor for the whole of the subsequent years charges.
4. Upon termination of this Agreement for any reason the Lessor may take immediate possession of the Equipment. Termination shall not relieve the Customer from any obligation to pay rent or other monies owing to the Lessor. A pick up charge of £42.50 per machine will be added upon return of dispenser. In addition, if the Customer defaults the Lessor shall have all rights and remedies which are available to it under applicable law as well as the right to recover reasonable collecting costs including legal costs from the Customer.
5. All charges listed on the contract are subject to VAT at the applicable rate. All rents are payable in advance. Other goods supplied are due for settlement within 30 days from the date of the Lessor’s invoice. If any invoice remains outstanding 30 days after the same is due, interest shall become payable in addition calculated on a daily basis from the 30th day to the date of payment at the current Barclays Bank base rate plus 4 percent. Furthermore, the Lessor reserves the immediate right to suspend all deliveries, maintenance, and sanitisation services until the Customer’s account is brought fully up to date. Such suspension shall not extend the term of this Agreement nor relieve the Customer of their ongoing liability for rental charges during the suspension period. All payments must be made in full without set-off or deduction.
6. Care and Use of Equipment: The Customer shall take good care of the Equipment, not attempt to modify or repair it, and ensure it is only used for dispensing water (and, for Bottle-Fed units, only dispensing bottled water supplied by the Lessor). The Customer is responsible for daily hygiene and maintenance, including day-to-day cleaning, wiping splash panels, and emptying drip trays. The Lessor may visit the location during office hours to verify compliance. Upon termination, the Equipment must be returned in the condition it was supplied (ordinary wear and tear excepted).
7. The Customer shall be responsible for all damage and loss to the Equipment. If the Equipment is lost, damaged or destroyed, the Customer shall pay to the Lessor on demand the replacement cost of any items so lost, damaged, or destroyed, and the Lessor shall be entitled to use any deposits previously paid by the Customer towards the replacement of such items.
8. The Lessor shall not be liable for any damages caused by the Equipment, servicing, or other performance under this Agreement. The sole and exclusive remedy for any breach or condition or warranty express or implied, statutory or otherwise (including liability for negligence on the part of the Lessor) shall be limited to the repair or replacement of any defective equipment or other items supplied and shall in no event include any liability for incidental or consequential loss or damage. Nothing herein however shall be deemed to restrict or exclude any liability of the Lessor for death or personal injury resulting from the Lessor’s negligence. Subject to the foregoing, and to the maximum extent permitted by law, the Lessor’s total aggregate liability to the Customer in respect of all other losses arising under or in connection with this Agreement (whether in contract, tort including negligence, breach of statutory duty, or otherwise) shall in no circumstances exceed the total amount paid by the Customer to the Lessor in the twelve (12) months immediately preceding the claim. Nothing in this Agreement shall affect the statutory rights of a Customer dealing as a consumer.
9. The Customer will not lend, let on hire, sell, assign, transfer, charge, dispose of, or part with the possession of the Equipment on this Agreement or any of the rights or obligations hereunder and will not remove the Equipment from the location indicated on the contract without the prior written consent of the Lessor. The Lessor may assign this agreement with the Customer to any person or company.
10. The Lessor may at its discretion from time to time withdraw the Equipment from the Customer and substitute it with comparable equipment and the terms and conditions of this Agreement shall continue to apply to such substituted equipment.
11. The Lessor shall have access to the Equipment at all reasonable times and for such purpose may enter on the premises where the Equipment is located for the purpose of carrying out its obligations and exercising its rights hereunder.
12. Unless otherwise provided, the Lessor shall deliver equipment and consumables to the Customer at the stipulated delivery address and shall be responsible for insurance of such items in transit. Risk of loss or damage to such items shall pass to the Customer when they are delivered to the delivery address. The Lessor shall use its best endeavours to deliver in accordance with the agreed delivery and sanitisation service cycles, but delivery and service dates are not guaranteed, and time is not to be deemed of the essence of the contract and the Lessor shall in no case be liable for any delay in delivery or sanitisation service however caused. For the avoidance of doubt, the sanitisation service includes an initial sanitisation before delivery. The sanitisation service may subsequently be performed either on the Customer’s premises or alternatively and at the Lessor’s option by exchanging the equipment for equipment which has already been sanitised. No refund of the sanitisation service charge can be made for any reason, including the Lessor’s reasonable failure to perform the sanitisation service at the agreed service interval. Delivery notes for deliveries and sanitisation servicing are left at the Customer’s premises on completion. It is the Customer’s responsibility to keep these for their records. Should a copy of the delivery note be required this must be requested within thirty days of the delivery/sanitisation completion. After thirty days any copy delivery/sanitisation notes are chargeable at £15 for each delivery/sanitisation note required. This fee is payable in advance prior to the Lessor providing the delivery/sanitisation note.
13. This Agreement shall be governed by and construed in accordance with the laws of England, and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
14. Customer Indemnity: Whilst the dispenser is on your property you will be responsible for insuring the dispenser against damage, theft and third party liabilities. The Customer agrees to indemnify, defend, and hold harmless the Lessor, its officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable legal fees and costs, arising out of or in any way connected with the Customer’s use, misuse, modification, or placement of the Equipment.
15. The Lessor is not responsible for clearing cupboards or moving furniture to facilitate the installation of the equipment. The Customer is solely responsible for ensuring the structural integrity and suitability of their premises’ plumbing and water pressure prior to installation. The Lessor accepts no liability for any water damage, flooding, leaks, or subsequent property damage arising from the installation, use, or failure of the mains-fed Equipment, except where directly caused by the Lessor’s proven gross negligence.
16. The Customer must ensure that there is sufficient power available (3 pin socket) no more than 1 metre away from where the water dispenser is to be located. The Customer must take responsibility for any P.A.T. testing whilst the equipment is on their premises.
17. If there is any malfunction with the equipment it is the Customer’s responsibility to advise the Lessor of the malfunction as soon as possible and to isolate any fault immediately. If the Lessor arrives to find that there is no fault or that the fault was not caused by the Lessor’s equipment, then a callout charge is chargeable to the Customer.
18. Any notices required to be given under the provisions of this agreement will be in writing and will be deemed to have been duly served if emailed, hand delivered or sent by first class registered or recorded delivery post correctly addressed to the address of the Lessor or the Customer as set out in this agreement.
19. All prices may be subject to reasonable annual price reviews with prior written notice to the Customer.
20. All products and parts from the Lessor have a maximum warranty of 12 months from date of sale.
21. Service Frequency & Standards: The Customer acknowledges that regular sanitisation is essential for water quality and equipment hygiene. The required frequency for sanitisation is: Bottled Water Coolers: Quarterly (every 13 weeks) & Mains-Fed (POU) Coolers: 6-Monthly (every 26 weeks). The Customer retains the primary duty of care for ensuring the Equipment remains in a sanitary condition while on their premises.
22. Obligation to Request Service: While Divine Water endeavours to proactively schedule sanitisation visits, it is the sole responsibility of the Customer to request and book these services at the appropriate intervals. The Customer agrees to monitor their service dates and notify Divine Water if a scheduled interval has passed without a visit.
23. Payment & Service Inclusion: The cost and provision of sanitisation services are determined by the Customer’s specific Agreement type: (a) Rental / Inclusive Contracts: Where the Rental Fee or Package explicitly includes sanitisation, the fee covers the availability of the service. If the Customer fails to request or grant access for the service within the calendar year, no refund or credit shall be due. (b) Maintenance Charge: Where the Customer pays a recurring “Maintenance Charge,” this acts as a subscription. It is not a payment for a specific appointment date. The obligation to request the service (as per clause 22) remains with the Customer. (c) Pay-On-Completion: Where no maintenance plan is in place, sanitisation visits will be carried out upon request and invoiced at the prevailing standard rate.
24. Liability for Missed Visits: Divine Water accepts no liability for water quality deterioration, bacterial growth, or illness arising from a sanitisation visit being missed, delayed, or overlooked, unless the Customer has notified Divine Water in writing that the service is overdue and Divine Water has failed to act within 30 days of said notification. By failing to facilitate or request sanitisation within the required 13-week or 26-week windows respectively, the Customer strictly assumes all liability and risk associated with the consumption of water from the Equipment, including any resulting health issues or bacterial infections, and fully indemnifies the Lessor against any related claims.
25. Data Protection: The Lessor processes personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. For full details on how the Lessor collects, uses, and protects Customer data, please refer to our standard Privacy Policy available upon request or via our official website.
26. Force Majeure: The Lessor shall not be liable to the Customer, nor be deemed to be in breach of this Agreement, for any delay or failure to perform any of its obligations under this Agreement if such delay or failure results from events, circumstances, or causes beyond its reasonable control. Such events include, but are not limited to: acts of God, extreme weather conditions, floods, fires, strikes, lock-outs or other industrial disputes, traffic congestion, national or global supply chain failures or shortages, pandemics, epidemics, or governmental actions and regulations. In such circumstances, the Lessor shall be entitled to a reasonable extension of time for performing such obligations and shall bear no liability for any incidental or consequential loss suffered by the Customer as a result.
27. No Professional Advice: The Lessor provides the Equipment and services for commercial and domestic use. Any capacity recommendations, sizing guides, health information, or placement suggestions provided by the Lessor, its employees, or agents are for general guidance only and do not constitute professional, medical, architectural, or engineering advice. The Customer relies on such guidance entirely at their own risk, and the Lessor accepts no liability for any direct or indirect losses arising from the Customer’s reliance on such information.
28. Third-Party Rights: A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
29. Severability: If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
30. Waiver: No failure or delay by the Lessor in exercising any right, power, or privilege under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
31. The Customer confirms that:

• They have carefully read and understood this agreement.
• They accept it as a complete expression of the terms agreed with respect to the Equipment and the products.
• This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

“TERMS AND CONDITIONS (Bottle Fed Dispensers)”

1. All equipment (the “Equipment”) is either rented or sold, and products are supplied, to the Customer (“Customer”) by The Divine Water Company Ltd (the “Lessor” / “Company”) on the terms and conditions described in this Agreement.

-For Rented Equipment: Equipment furnished to the Customer on a rental basis shall at all times remain the absolute property of the Lessor.

-For Purchased Equipment: Risk of loss or damage to the Equipment shall pass to the Customer upon delivery. However, title and ownership of the Equipment shall not pass to the Customer until the Company has received payment in full (in cleared funds) for the Equipment and all other sums which are or which become due to the Company from the Customer. Until title passes, the Customer shall hold the Equipment on a fiduciary basis as the Company’s bailee and must keep the Equipment separate from those of the Customer and third parties and properly stored, protected, and insured.

2. The Lessor may terminate this Agreement at any time giving prior notice to the Customer. The Lessor may terminate this Agreement immediately if any of the following shall happen:

• Non-payment when due of any rent or other monies owing by the Customer to the Lessor.
• The Customer’s abandonment of the Equipment.
• The Customer’s failure to perform any of the terms and conditions on its part as required by this Agreement.
• The Customer becoming bankrupt or insolvent or being a company making an assignment for the benefit of creditors or ceasing to do business as a going concern or entering into liquidation whether compulsory or voluntary or having a receiver appointed or taking or suffering any similar action in consequence of debt.

3. The agreement will commence on the start date shown on the contract and will continue for the period specified (“the initial period”) and thereafter for continuous successive periods of twelve months (“renewal periods”). The agreement may be terminated by the Customer giving at least three months notice in writing prior to the initial minimum period (stated on contract) or a subsequent renewal period. To be valid, this notice must be sent via recorded delivery post or acknowledged email to the Lessor. Failure to provide valid notice within this strict timeframe will result in the Agreement automatically renewing for a further continuous successive period of twelve months. For the avoidance of doubt, charges are payable for the whole of the initial minimum period regardless of when notice is given and no refund of any charges shall be payable by the Lessor to the Customer. In addition, in the event that a Customer terminates this agreement but with less than three months notice in writing, then the agreement shall be terminated forthwith but the Customer shall remain liable to the Lessor for the whole of the subsequent years charges.
4. Upon termination of this Agreement for any reason the Lessor may take immediate possession of the Equipment. Termination shall not relieve the Customer from any obligation to pay rent or other monies owing to the Lessor. A pick up charge of £42.50 per machine will be added upon return of dispenser. In addition, if the Customer defaults the Lessor shall have all rights and remedies which are available to it under applicable law as well as the right to recover reasonable collecting costs including legal costs from the Customer.
5. All Equipment will be rented for the rental charges listed on the contract together with VAT at the applicable rate. All rents are payable in advance. Other goods supplied are due for settlement within 30 days from the date of the Lessor’s invoice. If any invoice remains outstanding 30 days after the same is due, interest shall become payable in addition calculated on a daily basis from the 30th day to the date of payment at the current Barclays Bank base rate plus 4 percent. Furthermore, the Lessor reserves the immediate right to suspend all deliveries, maintenance, and sanitisation services until the Customer’s account is brought fully up to date. Such suspension shall not extend the term of this Agreement nor relieve the Customer of their ongoing liability for rental charges during the suspension period. All payments must be made in full without set-off or deduction.
6. Care and Use of Equipment: The Customer shall take good care of the Equipment, not attempt to modify or repair it, and ensure it is only used for dispensing water (and, for Bottle-Fed units, only dispensing bottled water supplied by the Lessor). The Customer is responsible for daily hygiene and maintenance, including day-to-day cleaning, wiping splash panels, and emptying drip trays. The Lessor may visit the location during office hours to verify compliance. Upon termination, the Equipment must be returned in the condition it was supplied (ordinary wear and tear excepted).
7. The Customer shall be responsible for all damage and loss to the Equipment. If the Equipment is lost, damaged or destroyed, the Customer shall pay to the Lessor on demand the replacement cost of any items so lost, damaged, or destroyed, and the Lessor shall be entitled to use any deposits previously paid by the Customer towards the replacement of such items.
8. The Lessor shall not be liable for any damages caused by the Equipment, servicing, or other performance under this Agreement. The sole and exclusive remedy for any breach or condition or warranty express or implied, statutory or otherwise (including liability for negligence on the part of the Lessor) shall be limited to the repair or replacement of any defective equipment or other items supplied and shall in no event include any liability for incidental or consequential loss or damage. Nothing herein however shall be deemed to restrict or exclude any liability of the Lessor for death or personal injury resulting from the Lessor’s negligence. Subject to the foregoing, and to the maximum extent permitted by law, the Lessor’s total aggregate liability to the Customer in respect of all other losses arising under or in connection with this Agreement (whether in contract, tort including negligence, breach of statutory duty, or otherwise) shall in no circumstances exceed the total amount paid by the Customer to the Lessor in the twelve (12) months immediately preceding the claim. Nothing in this Agreement shall affect the statutory rights of a Customer dealing as a consumer.
9. The Customer will not lend, let on hire, sell, assign, transfer, charge, dispose of, or part with the possession of the Equipment on this Agreement or any of the rights or obligations hereunder and will not remove the Equipment from the location indicated on the contract without the prior written consent of the Lessor. The Lessor may assign this agreement with the Customer to any person or company.
10. The Lessor may at its discretion from time to time withdraw the Equipment from the Customer and substitute it with comparable equipment and the terms and conditions of this Agreement shall continue to apply to such substituted equipment.
11. The Lessor shall have access to the Equipment at all reasonable times and for such purpose may enter on the premises where the Equipment is located for the purpose of carrying out its obligations and exercising its rights hereunder.
12. Unless otherwise provided, the Lessor shall deliver equipment and consumables to the Customer at the stipulated delivery address and shall be responsible for insurance of such items in transit. Risk of loss or damage to such items shall pass to the Customer when they are delivered to the delivery address. The Lessor shall use its best endeavours to deliver in accordance with the agreed delivery and sanitisation service cycles, but delivery and service dates are not guaranteed and time is not to be deemed of the essence of the contract and the Lessor shall in no case be liable for any delay in delivery or sanitisation service however caused. For the avoidance of doubt, the sanitisation service includes an initial sanitisation before delivery. The sanitisation service may subsequently be performed either on the Customer’s premises or alternatively and at the Lessor’s option by exchanging the equipment for equipment which has already been sanitised. No refund of the sanitisation service charge can be made for any reason, including the Lessor’s reasonable failure to perform the sanitisation service at the agreed service interval. Delivery notes for deliveries and sanitisation servicing are left at the Customer’s premises on completion. It is the Customer’s responsibility to keep these for their records. Should a copy of the delivery note be required this must be requested within thirty days of the delivery/sanitisation completion. After thirty days any copy delivery/sanitisation notes are chargeable at £15 for each delivery/sanitisation note required. This fee is payable in advance prior to the Lessor providing the delivery/sanitisation note.
13. This Agreement shall be governed by and construed in accordance with the laws of England, and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
14. Customer Indemnity: Whilst the dispenser is on your property you will be responsible for insuring the dispenser against damage, theft and third party liabilities. The Customer agrees to indemnify, defend, and hold harmless the Lessor, its officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable legal fees and costs, arising out of or in any way connected with the Customer’s use, misuse, modification, or placement of the Equipment.
15. The Lessor is not responsible for clearing cupboards or moving furniture to facilitate the installation of the equipment.
16. The Customer must ensure that there is sufficient power available 3 pin socket no more than 1 metre away from where the water dispenser is to be located. The Customer must take responsibility for any P.A.T. testing whilst the equipment is on their premises.
17. The prices provided are based on the Customer’s stated usage. The Lessor reserves the right to increase prices should usage decrease significantly. This includes the right of the Lessor to charge rental at the full amount should the conditions not be met.
18. If there is any malfunction with the equipment it is the Customer’s responsibility to advise the Lessor of the malfunction as soon as possible and to isolate any fault immediately. If the Lessor arrives to find that there is no fault or that the fault was not caused by the Lessor’s equipment, then a callout charge is chargeable to the Customer.
19. Any notices required to be given under the provisions of this agreement will be in writing and will be deemed to have been duly served if hand delivered or sent by first class registered or recorded delivery post correctly addressed to the address of the Lessor and the Customer as set out in this agreement.
20. All prices may be subject to reasonable annual price reviews with prior written notice to the Customer.
21. All products and parts from the Lessor have a maximum warranty of 12 months from date of sale.
22. Service Frequency & Standards: The Customer acknowledges that regular sanitisation is essential for water quality and equipment hygiene. The required frequency for sanitisation is: Bottled Water Coolers: Quarterly (every 13 weeks) & Mains-Fed (POU) Coolers: 6-Monthly (every 26 weeks). The Customer retains the primary duty of care for ensuring the Equipment remains in a sanitary condition while on their premises.
23. Obligation to Request Service: While Divine Water endeavours to proactively schedule sanitisation visits, it is the sole responsibility of the Customer to request and book these services at the appropriate intervals. The Customer agrees to monitor their service dates and notify Divine Water if a scheduled interval has passed without a visit.
24. Payment & Service Inclusion: The cost and provision of sanitisation services are determined by the Customer’s specific Agreement type: (a) Rental / Inclusive Contracts: Where the Rental Fee or Package explicitly includes sanitisation, the fee covers the availability of the service. If the Customer fails to request or grant access for the service within the calendar year, no refund or credit shall be due. (b) Maintenance Charge: Where the Customer pays a recurring “Maintenance Charge,” this acts as a subscription. It is not a payment for a specific appointment date. The obligation to request the service (as per clause 23) remains with the Customer. (c) Pay-On-Completion: Where no maintenance plan is in place, sanitisation visits will be carried out upon request and invoiced at the prevailing standard rate.
25. Liability for Missed Visits: Divine Water accepts no liability for water quality deterioration, bacterial growth, or illness arising from a sanitisation visit being missed, delayed, or overlooked, unless the Customer has notified Divine Water in writing that the service is overdue and Divine Water has failed to act within 30 days of said notification. By failing to facilitate or request sanitisation within the required 13-week or 26-week windows respectively, the Customer strictly assumes all liability and risk associated with the consumption of water from the Equipment, including any resulting health issues or bacterial infections, and fully indemnifies the Lessor against any related claims.
26. The 18.9 litre water prices quoted are for orders of 4 or more bottles per delivery. Orders of 3, 2 or 1 bottle will incur higher prices in line with our low quantity pricing.
27. Data Protection: The Lessor processes personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. For full details on how the Lessor collects, uses, and protects Customer data, please refer to our standard Privacy Policy available upon request or via our official website.
28. Safe Storage: The Customer acknowledges that bottled water is a food product. The Customer is solely responsible for storing all delivered water bottles in a cool, clean, dark environment, away from direct sunlight, strong odours, and hazardous chemicals. The Lessor accepts no liability for water quality degradation, algae growth, or taste issues resulting from improper storage.

29.Bottle Deposits: The Lessor charges a refundable deposit for each water bottle supplied. All empty water bottles remain the property of the Lessor and must be made available for collection in a clean, uncontaminated condition. If a bottle is lost, unreturned, or returned damaged or contaminated (e.g., used for storing fluids other than the Lessor’s water), the Customer shall forfeit the deposit for that specific bottle to cover the replacement cost.

30. Force Majeure: The Lessor shall not be liable to the Customer, nor be deemed to be in breach of this Agreement, for any delay or failure to perform any of its obligations under this Agreement if such delay or failure results from events, circumstances, or causes beyond its reasonable control. Such events include, but are not limited to: acts of God, extreme weather conditions, floods, fires, strikes, lock-outs or other industrial disputes, traffic congestion, national or global supply chain failures or shortages, pandemics, epidemics, or governmental actions and regulations. In such circumstances, the Lessor shall be entitled to a reasonable extension of time for performing such obligations, and shall bear no liability for any incidental or consequential loss suffered by the Customer as a result.
31. No Professional Advice: The Lessor provides the Equipment and services for commercial and domestic use. Any capacity recommendations, sizing guides, health information, or placement suggestions provided by the Lessor, its employees, or agents are for general guidance only and do not constitute professional, medical, architectural, or engineering advice. The Customer relies on such guidance entirely at their own risk, and the Lessor accepts no liability for any direct or indirect losses arising from the Customer’s reliance on such information.
32. Third-Party Rights: A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
33. Severability: If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
34. Waiver: No failure or delay by the Lessor in exercising any right, power, or privilege under this Agreement shall operate as a waiver of such right, nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
35. The Customer confirms that:

• They have carefully read and understood this agreement.
• They accept it as a complete expression of the terms agreed with respect to the Equipment and the products.
• This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

“TERMS AND CONDITIONS (COFFEE)”

1. In these conditions “Divine Water” means The Divine Water Company Limited (registered number 2979888). “Equipment” means the machine(s) supplied to you (“the Customer”) by Divine Water. “Month” means calendar month. “Consumables” are products supplied by Divine Water other than the Equipment. “Minimum Term” is as stated in the Sales Agreement and begins on the Commencement Date. “Commencement Date” means the date that the agreement is signed. “Special Order Equipment” means Equipment which is indicated in the Sales Agreement as being special order from the manufacturer. “Sales Agreement” means the sales or rental agreement. “Lease Agreement” means the lease agreement (if any) to be issued to the Customer under condition 6. “Delivery Address” means the delivery address stated in the Sales Agreement.

2. The Customer warrants that this agreement is entered into by it wholly or predominantly for the purposes of the business carried on, or intended to be carried on, by the Customer.

3. These conditions apply to the Sales Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The Sales Agreement shall only come into force upon signature and acceptance of these conditions by both parties.

4. The Sales Agreement and these conditions constitute the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Divine Water which is not set out in the Sales Agreement or these conditions.

5. Divine Water shall provide servicing, maintenance and repair of the Equipment if covered by the agreement during the Minimum Term and any Extended Term, but this obligation is strictly subject to the terms of conditions 15 to 18 and the Customer’s compliance with its obligations under the contract including, without limitation, conditions 6 to 11 and 12.

Payment

6. Where the contract type is indicated in the Sales Agreement as Lease, the obligations of Divine Water under this agreement are subject to a lease approval by the appropriate leasing provider and the Customer is required as a term of this agreement to enter into the Lease Agreement issued by the leasing provider.

7. Where the contract type is indicated in the Sales Agreement as Free on Loan, the Customer agrees and undertakes to order from Divine Water the minimum quarterly amounts of Consumables set out in the Sales Agreement and agrees that if it fails to order such minimum amounts during any quarter it shall, for the subsequent quarter, pay to Divine Water on demand a sum equal to Divine Water’s then current rental for the Equipment for that quarter.

8. Divine Water reserves the right to revise the rates quoted in the event of a materially adverse credit report being obtained in respect of the Customer but the Customer shall not be obliged to proceed with the Contract if it does not accept the revised rental rates.

9. Where the contract type is indicated in the Sales Agreement as Rental: (i) the Equipment rentals will be payable in advance in the frequency and amount set out in the Sales Agreement during the Minimum Term and any Extended Term; (ii) Divine Water may vary the rental charges during the Extended Term subject to notifying the Customer; (iii) without limiting the generality of clause 21, ownership and title to the Equipment shall remain with Divine Water at all times; (iv) the Customer shall ensure that any markings indicating that the Equipment is the property of Divine Water shall be maintained in place at all times; and (v) the risk of loss, theft, damage or destruction of the Equipment shall pass to the Customer on delivery and the Equipment shall remain at the sole risk of the Customer until such time as the Equipment is redelivered to Divine Water.

10. Except where otherwise set out in this agreement, invoicing for all Consumables shall be monthly.

11. Each invoice shall be due for payment net monthly of the invoice date and if it is not so paid the Customer shall pay interest on the outstanding amount at the rate of 5% a year above the base rate of the Bank of England, accruing daily.

Customer’s other obligations

12. The Customer shall:
12.1 Ensure that the Equipment is not moved away from the Delivery Address without written consent from Divine Water (except where the customer has purchased the equipment)
12.2 Allow Divine Water access to the Equipment at all reasonable times.
12.3 Insure the Equipment to its full replacement value against all risks (except where the customer has purchased the equipment)
12.4 Pay full replacement value for any Equipment damaged, destroyed, lost or stolen.
12.5 Ensure there is an adequate supply of wholesome drinking water and a safe correctly rated supply of electricity for the operation of the Equipment.
12.6 Purchase all Consumables and cleaning products for use in or with the Equipment from Divine Water and ensure the Equipment is only used for dispensing drinks supplied by Divine Water

12.7 Ensure that the water supply is fitted with an operational scale reducing filter from Divine Water which is changed according to the contract schedule or (in the case of manual fill machines) use only filtered water, or Divine Water’s drinking water.
12.8 Pay for broken Jugs

12.9 Clean the equipment daily in accordance with the manufacturers instructions and keep records of this cleaning.
12.10 If applicable, arrange and pay for routine statutory inspection and certification of the equipment (for example, under the pressure system regulations if it incorporates a steam boiler).

Divine Water’s rights and obligations

13. Divine Water may at any time or times remove the Equipment and substitute other Equipment after which the expression “the Equipment” in this Contract shall refer to such substituted Equipment.

14. Ownership and title to the Consumables remains with Divine Water, until invoices are paid in full and unused stock is presumed covered by the last invoice.

Equipment maintenance

15. Subject to compliance by the Customer with condition 12.6, Divine Water shall service or repair the Equipment within a reasonable time during normal business hours after notification from the Customer of any defect or malfunction, however failure to do so does not affect the customers contractual obligations in any way, nor give the customer any right to cancel the contract.

16. Divine Water shall be entitled to charge for site visits and/or maintenance and repair work at its then current service rates (details of which are available on request) in the event that an unscheduled visit or replacement of parts or a repair is required as a result of any of the following:-
16.1 failure by the Customer to perform regular cleaning of the Equipment;
16.2 if the apparent fault is due to the water supply or power supply to the Equipment being turned off and the Equipment is not otherwise faulty;
16.3 misuse by the Customer or its users of the Equipment;
16.4 no fault actually exists or cannot be reproduced;
16.5 breakages to Equipment including accidental, negligent and wilful damage;
16.6 interference with the programme or any software settings in the Equipment or on its controls;
16.7 electrical power surges, fire, flood or other catastrophic event.

17. Divine Water also reserves the right to charge for all site visits and/or maintenance and repair work in the following circumstances:-
17.1 if the Customer uses consumable items or cleaning products in the Equipment other than those supplied by Divine Water (unless agreed otherwise in writing between Divine Water & the customer)

17.2 if the Customer uses the Equipment other than as set out in condition 12.6 or 12.7
17.3 where the customer has no separate maintenance contract is in place
17.4 where work is required outside normal working hours or during a public holiday or a weekend
17.5 Such maintenance and repair charges shall be applied at the rates applicable at the relevant time and details of such rates are available on request.

18. Replacement parts for machines purchased by the customer and outside the manufacturer’s warranty period will be chargeable in all cases.

Duration and termination

19. This agreement shall come into force on the date that the Sales Agreement is signed and shall continue for the Minimum Term and thereafter, for successive periods of 12 months until terminated in accordance with this clause (“Extended Term”) provided that the Customer’s obligation to purchase Consumables shall begin only on the Commencement Date. Should the Customer wish to terminate the agreement they must give Divine Water not less than three months written notice to expire on the final day of the Minimum Term or an anniversary thereof. For the avoidance of doubt, charges are payable for the whole of the initial minimum period regardless of when notice is given and no refund of any charges shall be payable by Divine Water to the customer. In addition in the event that a customer terminates this agreement but with less than three months notice in writing, then the agreement shall be terminated forthwith but the customer shall remain liable to Divine Water for the whole of the subsequent years charges.

20. Divine Water may terminate this Contract immediately by written notice to the Customer in any of the following cases: 20.1 lf any sum due to Divine Water remains unpaid for 30 days after falling due.
20.2 If the Customer is in breach of any other obligation under this Contract.
20.3 If the Customer fails to make payment in full for any Equipment, fails to accept delivery of the Equipment or fails to enter into the Leasing Agreement.

20.4 If the relevant leasing provider refuses to issue a Leasing Agreement in respect of the Customer.
20.5 If the Customer ceases to trade or appears to have abandoned the Equipment.
20.6 If the Customer or (if the Customer is more than one person) either or any of them makes any voluntary arrangement with creditors or becomes subject to an administration order or (being an individual) becomes bankrupt or insolvent or (being a company) goes into liquidation or a receiver is appointed of its property or if any distress or execution is levied on the Customer’s goods.
20.7 Divine Water reasonably apprehends that any of the events mentioned in 20.5 or 20.6 is about to occur or may have occurred already.
20.8 If the performance of its obligations is rendered impossible by an act of a third party.

21. Unless and until the Equipment has been sold to the Customer and paid for in full it remains the property of Divine Water or the leasing company (as the case may be). If the Agreement is terminated for any reason Divine Water is entitled to enter the Customer’s premises to remove any Equipment which remains its property and any unpaid for Consumables.

22. In the event of early termination for any reason prior to the end of the Minimum Term or the Extended Term (as the case may be), Divine Water may charge for loss of future Consumables sales for the outstanding portion of the Minimum Term or the Extended Term (as the case may be) based on the average contract usage at the date of termination.

23. In the event that this agreement is terminated under clause 20.3 the Customer agrees to pay on demand to Divine Water a sum equal to 10% of the value of the Equipment to compensate Divine Water for its costs incurring in acquiring the Equipment and retaining it in stock and the parties acknowledge and agree that such amount represents a genuine pre- estimate of the loss which would be suffered by Divine Water as a result of such breach.

24. Upon termination of this agreement for any reason, Divine Water’s consent to the Customer’s possession of any Equipment in respect of which the contract type indicated in the Sales Agreement is “rental” or “free on loan” shall terminate and Divine Water may, by its authorised representatives, without notice and at the Customer’s expense, retake possession of the Equipment and for this purpose may enter the Delivery Address or any premises at which the Equipment is located

Liability

25. Except in respect of death or personal injury caused by their negligence, Divine Water shall not be liable for any damage or loss caused by the Equipment, or the performance of Divine Water’s obligations or the exercise of their rights under this Contract and the only remedy for any breach of condition or warranty express or implied statutory or otherwise including liability for negligence shall be limited to the repair or replacement of the Equipment or other goods supplied and shall not include any liability for incidental or consequential loss or damage.

26. The Customer enters into this Agreement of its own accord and does not rely on any advice or representations given by Divine Water’s staff or operatives as to the suitability or fitness of the Equipment for the purpose specified.

General

27. The Customer shall indemnify and hold harmless Divine Water for and against any loss, liability, damage or claim (including legal and other professional costs on an indemnity basis) which it may suffer or be put to as a result of a breach by the Customer of their obligations under the Sales Agreement or these terms.

28. This Contract is assignable by Divine Water but not by the Customer.

29. Notices are to be given by recorded delivery post to the address of the other party as shown overleaf unless that party has noticed a change of address in writing in which case it shall be sent to the new address.

30. If any condition or part of a condition shall be held by any competent court or tribunal to be void or unenforceable the remainder of the Contract (and if applicable the remainder of the condition in question) shall continue in full force and effect.

31. If this Contract constitutes a consumer transaction (as defined by the Sale of Goods Act 1979) the Customer’s statutory rights are unaffected by these Conditions.

32. Divine Water, and respective logos are all Trademarks of Divine Water and may not be copied or reproduced without prior consent.

33. In line with the GDPR regulation Divine Water hold the right to email the Customer updates about the services provided

34. In the event of Divine Water updating or amending these terms and conditions the most recent version shall apply.

35. In the event of any conflict with any other document or agreement between the Parties, these terms will prevail.

36. Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.

37. No failure or delay by any party to exercise any right, power or remedy shall operate as a waiver of it, nor shall any partial exercise preclude further exercise of the same or some other right, power or remedy.

38. In the event of any dispute between Divine Water and the customer either party may request arbitration by a solicitor to be nominated by Divine Water

39. These terms are subject to English Law and the exclusive jurisdiction of the English Courts.

Contact Details

The Divine Water Company Limited Rauter House
1 Sybron Way
Millbrook Business Park Crowborough

East Sussex TN6 3DZ

Tel. 01892 669609
Email: sales@divinewater.co.uk