Music Mountain Water Terms of Service
- SERVICES & PRODUCTS: Subject to these Standard Terms, and as indicated on the Face Sheet to this Agreement signed by Customer, Music Mountain shall provide to Customer the services and/or products that are listed and checked on the Face Sheet. For the purposes of this Agreement, the following services that are listed on the Face Sheet consist of and are defined as the
following: Bottled Water Delivery Service: If this service is selected by Customer, Music Mountain shall deliver to Customer the bottled water of Music Mountain in such amounts as requested by Customer, at the time intervals noted by Music Mountain, and at the current rates charged by Music Mountain as noted on the Face Sheet. This Water Delivery Service shall continue for an
indefinite or specified term as indicated on the Face Sheet, and may be terminated by either Customer or Music Mountain at any time, by giving notice subject to any cancellation fees on the Face Sheet. The water shall be delivered in containers that remain the property of Music Mountain. Further, the following shall apply: (i) No Water Credit: Music Mountain will not credit Customers’
account for unused water, opened or unopened; (ii) Minimum Service: In accordance with Music Mountain’s current delivery schedule per geographic location of the Customer, Music Mountain will sell and deliver to Customer, bottled water and other products. Minimum service is one single serve pack, one 3 gallon bottle, or one 5 gallon bottle, per scheduled delivery. A nonservice
fee may be imposed should this minimum purchase not be met; (iii) Empty Bottles: Empty bottles are to be returned by Customer at each scheduled delivery, and are to be placed in an easily accessible location the morning of each scheduled delivery day. Failure to timely return such containers shall result in an additional charge to Customer. WATER ONLY is to be stored in
Music Mountain’s returnable bottles; (iv) Water Dispensers: If selected by Customer Music Mountain shall deliver and rent to Customer, a water dispenser. Customer will be charged a monthly rental amount dependant upon the type of dispenser selected: (v) Price guarantee: If selected by Customer, Customer may lock-in a per unit water price and/or rental fee for a one or two year term. In the event that Customer terminates this agreement before the end of the selected term, Music Mountain reserves the right to charge a cancellation fee (maximum allowable by law).
- PAYMENT BY CUSTOMER: Customer shall timely pay Music Mountain for all products, services, and rentals provided by Music Mountain, at the initial rates set forth on the Face Sheet of this Agreement, as such rates may be changed according to this agreement. Such payments are due and payable, without offset or deduction, on a monthly basis, as invoiced by Music Mountain.
Past due accounts are subject to suspension of delivery, a change in terms to Cash on Delivery, and a monthly service charge (maximum allowable by law). All invoices are due on receipt. Accounts are considered past due if Music Mountain has not received payment within 30 days of the date of an invoice. Music Mountain reserves the right to charge a service charge (maximum
allowable by law) for any check returned for any reason (or for any credit card processes and denied). Conditions which prevent satisfactory operation of the equipment to not relieve Customer of Customer’s responsibility to pay the agreed rental rate or to timely return the equipment to Music Mountain as required by this Agreement. Upon termination of service, Customer’s account is
due in full. If not paid in full within ten working days of termination, Music Mountain reserves the right to take legal action to collect. If it becomes necessary to enforce collection or file suit, Customer agrees to pay all legal costs,, including collection agency fees, legal costs, and reasonable attorney fees.
- DELIVERY CHARGE: Music Mountain reserves the right to charge a monthly delivery charge for any of the services it provides.
- USE & MAINTENANCE OF EQUIPMENT: With respect to any equipment (including, without limitation, water bottles, water containers, and cases) provided to Customer by Music Mountain: (i) All such equipment is provided on a rental basis, and shall at all times remain the sole property of Music Mountain; (ii) Customer shall use the equipment in a careful and proper manner in
accordance with the manufacturer’s instructions and specification; (iii) Customer shall comply with and conform to all laws, ordinances, and regulations relating to the possession, use, or operation of the equipment; (iv) All equipment is used at Customer’s own risk; (v) Music Mountain shall maintain the equipment in good repair at Music Mountains expense, except that Customer shall
be charged for all costs of repairs for damage caused by inappropriate or abusive use of the equipment by Customer, its agents, employees, representatives, or customers; (vi) The equipment is and shall remain personal property, even if installed in or attached to real property, and Customer shall not make any alterations to the equipment unless pre-approved in writing by Music Mountain;
(vii) Music Mountain may at any time enter Customer’s premises for the purpose of inspecting the equipment and the Customer shall not remove the equipment or any part thereof from the address set forth on the Face Sheet hereof to which it was delivered by Music Mountain.
- RETURN OF EQUIPMENT: Immediately upon expiration of the rental period for the equipment (and at all times with respect to water bottles, water containers, and cases), Customer shall return the equipment to Music Mountain in good working order, and in the same condition as the equipment was upon commencement of the rental, ordinary wear and tear resulting from proper and
responsible uses thereof alone expected.
- LOSS & DAMAGE: Customer hereby assumes the entire risk of loss and/or damage to the equipment from any and every cause whatsoever. In the event of any loss of or damage of any kind to any item of equipment, or in the event of the disappearance of any item of equipment prior to its return to Music Mountain, then Customer, at the sole election of Music Mountain, shall either: (i) pay
in full the repair costs for such damage, or (ii) pay Music Mountain the replacement price for the equipment which replacement price is hereby agreed to be the manufacturer’s suggested list price for the equipment as of the date of delivery of the equipment to Customer, including shipping and handling. All charges for rental, damage, and replacement of equipment will be paid by
- INSURANCE & TAXES: Customer shall keep the equipment (i) insured against all risks of loss or damage from every cause whatsoever, at not less than the full replacement value, and (ii) free and clear of all levies, liens, and encumbrances. Customer shall give Music Mountain immediate notice of any such attachment, or other judicial process affecting the equipment. Customer shall pay all license fees, registration fees, assessments, charges, and taxes (municipal, state, and federal) which may during the rental be imposed upon the ownership, leasing, renting, sale, possession, or use of the equipment, excluding however, all taxes on or measured by Music Mountain’s income.
- NO EQUIPMENT WARRANTY: Music Mountain will attempt to deliver the equipment to Customer in good working order. HOWEVER, MUSIC MOUNTAIN MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. In the event that the equipment is not in good working order upon delivery to Customer by Music Mountain, then Customer’s remedies are limited to, and Music Mountain shall
only be obligated to provide, at Music Mountain’s sole election, either (i) a full refund of the rental fees for the item of equipment, or (ii) replacement of the item of equipment for the balance of the rental term. IN NO EVENT WILL MUSIC MOUNTAIN BE LIABLE FOR CONSEQUENTIAL DAMAGES.
- INDEMNITY: Customer shall indemnify, defend, and hold harmless Music Mountain from and against any and all claims, actions, proceedings, costs, expenses, damages, and liabilities, including without limitation reasonable attorney fees, that arise from or are in any way related to Customer’s leasing, renting, possessing, or use of the equipment (including, without limitation, with regards to
fungi), or the design or manufacture of the equipment.
- OWNERSHIP: The equipment (including, without limitation, and all water bottles, water containers, and cases) is and at all times shall remain the property of Music Mountain. Customer shall have no right, title, or interest in or to the equipment except as expressly set forth in the Agreement which incorporates these Standard Terms. Music Mountain shall be permitted to display notice
of Music Mountain’s ownership on each article of the equipment by means of suitable stencil, label, sticker, or plaque affixes thereto. This Agreement is not intended to effect a sale of the above described property or to secure a purchase thereof.
- NONWAIVER & ATTORNEY FEES: This Agreement and the covenants and conditions hereof can not be modified or waived except by the prior written consent of Music Mountain and Customer. Forbearance by Music Mountain in any regard shall not constitute a waiver of any covenant or condition to be performed by Customer. In the event any attorney is employed by either party to this Agreement with regard to any legal action or proceeding for the enforcement of or any dispute related to this Agreement, party prevailing at trial or upon appeal shall be entitled to recover reasonable attorney fees and other costs and expenses incurred, in addition to any other relief to which the prevailing party may be entitled.
- JURISDICTION & VENUE: This Agreement shall be governed by and enforced in accordance with the laws of the State of Louisiana. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the State and Federal courts located in Caddo Parish, State of Louisiana. The provisions of this section are mandatory and each party hereby waives any right to assert the doctrine of forum non conveniens or similar doctrine, or to object to such venue for disputes arising out of or in any way related to this Agreement.