DrinkMore Delivery, Inc. (“DMD”), located at 7595-A Rickenbacker Drive, Gaithersburg, MD 20879 agrees to provide bottled water delivery service and the above-described equipment to the above-named customer pursuant to the terms and conditions described below. Notwithstanding anything below, DMD will remain the sole owner of all bottles and rented equipment, and any rental charges paid under this agreement, under no circumstances, shall be considered a contribution toward the purchase of equipment.
TERMS AND CANCELLATION. The initial term of this agreement will start on the date that the equipment is delivered to the customer. This agreement shall be on a month-to-month basis until terminated by either party upon 30 days notice. Upon termination, customer shall return all bottles and rented equipment in their possession to DMD. Any notice of default in payment shall, at DMD’s option, be considered sufficient notice to terminate and shall entitle DMD to remove any of DMD’s bottles, at the customer’s cost, from customer’s premises without process of law and without liability for trespass or other damage whatsoever. Full bottles aren’t refundable, unless based on DMD error.
BOTTLE DEPOSITS. The customer shall pay $20.00 per glass bottle and $7.00 per plastic bottle as a one-time security deposit at the time of this agreement. For additional glass bottles, a deposit will be billed to the customer at the $20 rate for each additional bottle delivered. Glass bottle deposits will be credited to the customer at the same rate for each bottle picked up by DMD. Upon normal termination of the account, provided that customer returns all DMD bottles, rented equipment and pays the balance in full, except as provided hereafter, DMD shall refund bottle deposits to customer, subject to the provisions below.
AUTOMATIC CREDIT CARD BILLING. If the customer has chosen to activate automatic payment on their account through use of a credit card, the customer hereby authorizes DMD to charge the customer’s above-listed card for the total cost of each ongoing delivery the business day following delivery. Customer’s acceptance of this agreement, via signature below, constitutes their consent to have such balances charged to the above-listed card. In the event the credit card issuer no longer honors the customer’s card, DMD will promptly notify customer and customer must provide other acceptable means for paying account balances.
MAINTENANCE. Customer agrees that the bottles provided by DMD shall be used only for storage of purified water provided by DMD. Customer use of DMD bottles for any other purpose may result in the forfeiture of the bottle deposit. The customer shall forfeit any bottle deposit on bottles that are damaged or destroyed while in customer’s possession. In the event customer returns any bottles to DMD in a condition that requires extraordinary cleaning, customer will be charged for such cleaning, not to exceed the cost of the equipment itself. Any such amount may be deducted directly from customer’s security deposit, or additionally charged, should the deposit not cover the total damage or loss. It is the customer’s responsibility to clean rental coolers at the recommended interval of once every 6 months. Customers can contact DMD about possible cleaning options. The customer agrees that only purified water from DMD shall be dispensed from the equipment and stored in DMD bottles. DMD reserves the right to charge customer for a damaged or dirty cooler, not to exceed the cost of the cooler itself.
DEFAULT. In addition to the other definitions of default contained in this agreement, customer shall be in default if their account becomes more than 60 days past due. DMD shall be entitled, upon any default by customer, to any and all remedies available at law or in equity, including, without limitation, the right to enter the customer’s premises to recover DMD bottles, the right to terminate this agreement, the right to retain any deposits, and the right to collect any and all damages. If any check payable to DMD is not honored, in addition to other rights it may have, DMD shall have the right to assess a service charge for each check so dishonored. DMD shall be entitled to recover any collection fees, attorney fees and court costs incurred by it as a result of customer’s default hereunder.
CANCELLATION. Customer shall have the right to cancel this agreement by notifying DMD before midnight of the third business day following the execution of this agreement. Upon such cancellation, the customer shall return to DMD any equipment and bottles in customer’s possession, and after doing so, will be entitled to a refund of the above-listed amounts with the exception of any reduction for damage to the equipment or bottles consumed while in the customer’s possession. Failure to provide written notice of cancellation within three business days following the execution of this agreement shall constitute customer’s acceptance of this agreement and all terms and conditions contained herein.
MISCELLANEOUS. The customer shall promptly notify DMD of any change in the customer’s address. Customer agrees to indemnify DMD for any loss, damage or destruction of DMD bottles and/or equipment from any cause, including claims of a landlord under the laws relating to rent distress and retention of property, and for any loss, damage or destruction of customer’s property caused by DMD bottles, water and/or equipment while on customer’s premises or otherwise in customer’s possession. DMD reserves the right to adjust equipment and/or water pricing at any time after the initial term of this agreement. This agreement constitutes the entire agreement between the parties. Any promises, representations, understandings, oral or written, pertaining directly or indirectly to this agreement which are not contained herein are hereby waived.