1. Products and services
The terms “client” and “you” refer to the name of the person (first name and last name) or the company that you have provided to us - whether through one of our sales representatives, from our website or from one of our call center employees - and that you have confirmed that it is correct and complete. “AquaTerra” and “we” refer to AquaTerra and, in certain cases, its representatives and employees. By accepting the terms of this Service Agreement, as well as the delivery of our products, services and equipment, you agree to purchase our products, services and equipment and you authorize us to provide you with the products, services and equipment that you have previously authorized according to the agreed method or that will have made subject to a one-off order. In all cases, the conditions specified in this Service Agreement will be respected, and the latter may be modified, if necessary.
2. Orders and deliveries
You agree to rent our equipment and to receive our periodic deliveries of products and services, the quantities and frequency of which will depend first on your needs and your initial order, then on the orders authorized when your account is opened. You hereby authorize us to deliver products to you in all locations agreed upon when you opened your account, as well as to all locations added thereafter. In addition, you expressly authorize us to enter such locations to perform the required installations, deliveries and collections. You also agree to promptly notify AquaTerra of any change of address or place of delivery.
3. Price, deposit and other charges
The initial prices for our products and services and for the rental of our equipment are those provided to you when you opened your account and which you are deemed to have accepted by accepting our terms of service. Please note that we charge the rental of our equipment in advance. You are also deemed to have agreed to pay a deposit for the 11.4L and 18.9L cylinders delivered to you. The said deposit, which currently amounts to $ 10 per bottle, will be refunded to you when the bottles are returned in good condition. Charges are applied to each delivery. Shipping costs will be $ 7.95 in the metropolitan areas of Boston, Chicago, Los Angeles, Miami, New York, Philadelphia, San Francisco, Washington, DC, Toronto, Vancouver and Montreal, and $ 6.95 in other regions of Canada and the United States. These charges will be imposed according to the currency of the country. You are also deemed to have agreed to be charged printing and mailing charges for all invoices and statements of account sent by post. We recommend that you sign up for virtual invoices and statements (electronic invoicing) to avoid these charges. The current charge for sending paper invoices or statements is currently $ 3 per invoice or statement. In addition, we reserve the right to charge you a fee for parts and service if you ask us to clean the equipment you rent from AquaTerra, maintain it, or replace any of its parts. . $ 95 in other regions of Canada and the United States. These charges will be imposed according to the currency of the country. WE ALSO RESERVE THE RIGHT TO MODIFY OUR OFFER OF PRODUCTS AND SERVICES, OUR EQUIPMENT RENTAL OFFER, AS WELL AS THE PRICE OF OUR PRODUCTS, THE AMOUNT OF OUR LOCKER, RELATED COSTS AND ANY OTHER CHARGES REQUIRED IN CONNECTION WITH OUR OFFER OF PRODUCTS, SERVICES AND EQUIPMENT. We undertake to notify you of any change directly to your statement of account or in a document attached to it; as for you, you are deemed to have agreed to be notified of such changes in this manner. The effective date of such changes will be specified on the notice provided.
4. Invoices and payments
You are responsible for paying us for all products and services provided as well as all equipment rented from AquaTerra, plus applicable taxes, as well as all other charges provided for in this Service Agreement and any other fees that may be added. We will send you an invoice every billing period (usually every 28 days). Payment of the said invoice must be made no later than the deadline appearing therein. If you do not pay your invoice in full by the due date, we may add the amount owed to your account. You will then be deemed to have agreed to pay the greater of the following fees: an administrative fee of $ 1 or 2% monthly interest (24% per year) on any overdue amount from the date billing until full payment of the arrears. In addition, you will be deemed to have agreed to pay an administrative fee of $ 40 for any pre-authorized payment, credit card payment or check refused for any reason. Service Agreement will be added to your account and will be due and payable immediately.
We recommend that you subscribe to our AutoPay service, which will allow us to automatically debit your credit card, savings account or current account at a Canadian financial institution for the total amount of your account on the date of payment, 'due date or on the AutoPay payment date indicated on each invoice. The AutoPay service is free of charge; you will be able to cancel pre-authorized payments at any time as long as you respect the 10-day notice before the due date of your invoice payment. We invite you to visit our website ( www.aquaterracorp.ca ) or call our customer service ( 1-877-442-7873 ) for more information.
If you are a residential customer, you may need to undergo a credit check before you can open an account. It could then happen, in accordance with our credit standards, that you have to pay a security deposit, which will be refunded to you or which can be applied to the sums due to the closing of your account, if applicable.
You can change your payment method at any time from your online account or by calling 1-877-442-7873.
We could rent you some equipment. Said equipment will always remain the property of AquaTerra, and no amount paid for its rental can be applied to its purchase. All persons using said equipment must use and maintain it in an appropriate, safe manner and in accordance with the instructions we have provided to you regarding its use, cleaning and maintenance. Under no circumstances may you: a) move our equipment from the location provided; b) authorize a third party to repair it; or c) alter or modify it. In addition, you are only authorized to use the products delivered by AquaTerra for said equipment to ensure proper and safe use. You are also required to notify us immediately of any theft, loss, damage or destruction of our equipment. You will be solely and solely responsible for the choice of the location of the equipment and for any damage to property or personal injury resulting from the use of said equipment in the chosen location.
We will continue to provide our products, services and equipment to you until you formally cancel this Service Agreement . You can cancel our services at any time by calling 1-877-442-7873 . You will not be charged any cancellation fees; however, you will have to pay for all products and services ordered and received, all rented equipment and all applicable related charges, until the effective date of your cancellation of services. After notifying us of your decision to cancel our services, you must authorize us to go there to collect our equipment and returnable cylinders, which must, as agreed in this Service Agreement, be in good condition, except for normal wear and tear. If it should happen that you are not able to return the said equipment and the said returnable cylinders to us in good condition, except for their normal wear and tear, you will then have to waive the deposit of your cylinders and reimburse the costs of replacing said equipment. . We may terminate this Service Agreement , immediately and without notice, in any of the following circumstances: a) you have breached a material clause of this Service Agreement and you have not corrected the situation within 30 days of receipt of the notice of default received from AquaTerra; b) you have undertaken insolvency, receivership, bankruptcy or debt settlement proceedings; c) you have made an assignment of your property for the benefit of your creditors; or d) you have dissolved your business or ceased your activities. We may also terminate this Service Agreement without specific reason by notifying you 60 days in advance of the end of said Agreement.
7. Limitation of liability and indemnification
To the extent permitted by applicable law, we disclaim all express or implied warranties of any kind with respect to the products, services and equipment provided, including the warranty of merchantability and the warranty of specific suitability. You are therefore deemed to have accepted all products, services and equipment as is and as is. To the extent permitted by applicable law, our liability to you is limited to the repair or replacement of defective products or equipment or to the re-performance of said services; we can not therefore, under any circumstances, be held liable for your pecuniary damage or those of a third party. We also decline all responsibility for any other type of damage, whether consequential, incidental, special, punitive or others. If we were to be held liable for your pecuniary damages, these would be limited to the amount paid for our products, services and equipment during the three billing periods preceding this liability assessment. Apart from the limit amount previously mentioned, and within the limits permitted by applicable law, we cannot be held responsible for costs, expenses, claims or other responsibilities related to damage, loss or modification to your personal property, to your home or to your home. your office, or personal injury to anyone resulting from the installation, maintenance, use or removal of our products or equipment. Within the limits permitted by the law in force, Service Agreement, except those arising from gross negligence or willful misconduct on our part.
You also hereby agree that notices, notifications and communications from AquaTerra regarding this Service Agreement or the products, services and equipment provided by AquaTerra may be provided to you on your statement, in conjunction with your statement of account, by email or by any other means allowing us to reach you.
9. Dispute resolution
In the event of any dispute, dispute or claim relating to this Service Agreement or the provision of products and services by AquaTerra that could not be resolved at first instance with Customer Service, you agree, to the extent permitted by applicable law, to settle such disputes by binding arbitration before a single arbitrator, in Toronto, Canada, in accordance with the Arbitration Act from Ontario. You understand and acknowledge that participating in binding arbitration implies that you waive your right to sue in court before a judge or jury (as an individual or as a member of a class action). It is important that you understand that the arbitrator's decision will be binding and may be upheld in a court of competent jurisdiction. Both parties (AquaTerra and yourself) further agree that such arbitration can only take place on an individual basis, and not as part of a class action or as a member of a class action, of combined actions or of an action of a general prosecutor.
We reserve the right to modify the terms of this service contract at any time with 30 days notice (such changes taking effect automatically at the end of said notice). This Service Agreement shall be governed, interpreted and enforced in accordance with the laws of Ontario, without regard to its conflict of law rules or principles which would result in the application of the laws of any other jurisdiction. The terms of this service contract may be canceled or modified in writing only. Failure or delay in the performance of a right conferred under a provision of this service contract shall not result in the invalidation of said provision, which shall remain enforceable. We also reserve the right to assign this service contract and all the rights it confers to us to a third party without notice. However, you are not authorized to assign this service contract; such an assignment would therefore be deemed null and void. If any provision of this service contract were to be held to be invalid or unenforceable, all other provisions would remain in full force. No condition appearing in the documents that you produce yourself (order forms, order acceptances, etc.) will be binding on AquaTerra. If any provision of this service contract were to be held to be invalid or unenforceable, all other provisions would remain in full force. No condition appearing in the documents that you produce yourself (order forms, order acceptances, etc.) will be binding on AquaTerra. If any provision of this service contract were to be held to be invalid or unenforceable, all other provisions would remain in full force. No condition appearing in the documents that you produce yourself (order forms, order acceptances, etc.) will be binding on AquaTerra.
11. Language of the agreement
This Service Agreement is also available in French. All documents relating to this Service Agreement will be provided to you in English upon request. Please contact our customer service at 877-442-7873 for more details on the documents available in English. This Service Agreement is also available in French. Please visit our Website www.aquaterracorp.ca or call our customer service center at 877-442-7873 for more information.