The parties to this agreement are the lessor and the lessee where
Drink Prime (WaterWala Labs Pvt Ltd) is the Lessor & the customer is
the lessee. The terms of the rental agreement are as follows:
Term/Tenure of Contract:
This Agreement shall commence on the date the products (more
fully set out in the Schedule) ( “Product(s)”) are delivered to
the Customer and remain in full force and effect until the fixed
period [equivalent to the tenure of the contract that is agreed
by the Customer while booking the Product(s)] expires and the
Products is returned to DrinkPrime, unless terminated earlier or
extended pursuant to the flexi tenure policy.
- The contract shall be valid for a period of 3 years.
In case of early termination, the lessee will give a minimum of
1 month’s notice in writing.
The lease may be extended for a minimum period of 3 months after
giving 1 week’s prior notice before the end of the contract.
Special Offer subject to change without notice. Special Offer is
available for limited time duration.
- Validity will be effected from Installation Date.
The said water purification plant will be installed at the lessee’s
residence. In case, the lessee wants to relocate the said plant, he
will give a notice of Seven days to the party of the first part to
relocate the equipment. In no case whatsoever will the lessee move
the said equipment to any other location. In case the lessee moves
the equipment to any other location, all conditions and warranties
contained in this agreement will be considered null and void.
The Lessee shall pay a security deposit as listed in website and
applicable at the time of subscribing immediately on signing of
this agreement through online/card/cash payment. The lessee
authorizes the lessor to adjust the said security deposit to cover
any amounts due under this Agreement.
The security deposit will be refunded at the end of the end of
this agreement or on early termination of this agreement whichever
is earlier within 7 days, based on the inspection of the said
equipment. In case of any damage to the equipment, the same shall
be recovered from the security deposit and the balance will be
paid to the lessee to the duly designated bank account via online
Delivery of Equipment
On signing of this agreement and payment of the security deposit
mentioned above, the lessor shall deliver the equipment to the
lessee at the scheduled premises. The lessor covenants the
The lessee or his/her representative will be present at the
scheduled premises at the agreed date and time. In case the
lessee or his/her representative are not present at the
location, the lessor shall charge additional applicable delivery
The lessee shall inspect and verify the said equipment at the
time of delivery and will accept the same after he has satisfied
himself of the condition of the equipment. Once the lessee
accepts the equipment, under no circumstances will he return the
said equipment till the termination of this agreement.
The lessee shall ensure due permissions and approvals are given
to the lessor for installation of the said equipment.
In case there is a need for manual labour required to lift the
equipment to the premises, the same will be borne by the lessee.
The Lessor covenants that he is the rightful owner and has the
full tittle of the scheduled equipment and is entitled to enter
this agreement and warranties that there are no charges that are
payable on the same.
The lessee acknowledges that the lessor has the full tittle and
ownership of the equipment. The lessee shall immediately notify
the lessor in case any levy/lien is notified or is threatened with
seizure. The Lessee shall indemnify and hold the lessor harmless
against all loss and damages caused by such action.
The lessor and Lessee agree that at no time during this contract
either expressly or implied that the ownership transfers to the
lessee at any time. The ownership of the scheduled equipment is
with the Lessor at all times during and after this contract.
Payment of Lease Rental
The customer shall pay the lease rent and all applicable taxes
as described in the digital invoice mailed/couriered to him
through online/card/cash within 7 days of receipt of the
If the customer avails of any additional/optional services, the
same will be billed in the monthly invoice including all
In case the lessee fails to make the payment of lease rental
within the stipulated time of seven days, the lessor will have
the right to physically remove the leased equipment from the
scheduled premises mentioned above.
Care of Equipment
The lessee covenants that the scheduled equipment will be used in
a careful and proper manner and shall not be used in any way that
is inconsistent with Lessee’s instructions or manuals. These
include but restricted to:
Usage of the scheduled equipment not operated under normal
municipal water or well water conditions or is subjected to
temperatures over 40o C.
Maintenance of Equipment
The maintenance of the scheduled equipment will be done by the
lessor during the entire course of this agreement. All normal wear
and tear of the equipment will be repaired by the lessor at his
own cost. In case of any malfunction, the lessee shall notify the
lessor and the lessor shall rectify the same within 5 working
days. The lessor also covenants that in case the equipment does
not function, the lessor shall not charge lease rental for the
period the equipment is not working.
In Lessor shall not be responsible or liable for any repairs or
alterations made by the lessee without prior written approval for
products clogged by suspended matter, precipitates or biological
matter or growth, precipitates or from failure of resulting from
the lack of proper maintenance.
In case of the scheduled equipment failing due to mishandling of
the product by the lessee, or has been subjected to misuse,
misapplication, negligence, alteration, accident or operation
contrary to our instructions, incompatibility with accessories not
installed by the lessor, or that have been repaired with component
parts other than those manufactured or obtained from the lessor,
any charges that accrue including but not limited to labour,
material, parts and any other items will be borne by the lessee
In case of any issue the equipment does not function
satisfactorily due to no fault of the customer, the product will
be replaced by Lessor at no cost to the lessee.
Recharge & Payments
The lessee needs to have both Balance and Validity in his account
for him to be able to use the Purifier.
The Specific Recharge Plans which a customer is eligible for will
be shown on his mobile app.
Incase the Lessee requests for a change in plan, the litre balance
will be reset to zero.
The eligible discounts for a 6 months plan will be applicable on
full payment for 6 months and the security deposit only.
The validity will be increased for a period of 30 days incase of a
monthly recharge and a period of 180 days in case of a half yearly
The customer’s subscription/rental cycle starts on the date
DrinkPrime purifier is installed to his/her house. The
subscription/rental cycle is then, one month from that date.
Subsequent month/s subscription/rental cycle will start from the
very next day of the previous cycle completes.
In case the Customer wishes to relocate the Product(s) from the
registered address, a request shall be made to DrinPrime 2 (two)
weeks prior to the date the Customer wishes to relocate the Product
along with the address proof of the new address. Once the request is
raised, DrinPrime shall relocate the Product through its personnel
only as per the mutually decided date with the Customer. Relocation
shall be subject to successful verification of the KYC of the
Customer’s new address and serviceability of the new location. In
the event, the location is not serviceable by DrinPrime, the same
shall be treated as early closure of the Agreement as per the Flexi
Tenure Policy and the rental dues shall be payable as per the Flexi
Restriction of Use
The lessee covenants that he will use the equipment only for
domestic purposes. The equipment will be handled only by persons
authorized by the lessee for strictly legal purposes.
Damage and Loss Policy
The lessee covenants that in case of any permanent damage due to
negligence making the product unusable, loss or theft of the
scheduled equipment, regardless of cause or fault, he will make
good the amount at its fair market value as determined by the
lessor. The lessee is responsible for the safe keeping of the
scheduled equipment and will inform the lessor of any damage or
The Lessee also undertakes to bear the costs including but not
Loss of, or damage or repair to the Equipment, loss of use,
diminution of the Equipment’s value caused by damage to it or
repair to it.
Costs to enforce such charges including administrative fees for
processing the claim and legal expenses.
Charges for late return of the Equipment will be applicable as
per the policy of the company.
All fines, penalties, court costs and other expenses relating to
the Equipment assessed against Merchant or the Equipment during
the rental Term.
All expenses Lessor incurs due to Lessee’s failure to return the
Equipment including costs in locating and recovering the
All costs incurred to collect unpaid monies due; The payment for
any permanent damage/loss will be paid immediately and this
contract will terminate on the payment of the same.
The lessor shall indemnify, defend and hold harmless the lessor from
and against any claim, demand, cause of action, loss or liability
(including attorney’s fees and expenses of litigation) for any
property damage or personal injury arising from Customer’s use of
the scheduled equipment by any cause. The lessor cannot and shall
not be held liable for any sickness or illness due to the
consumption of drinking water from the water purifier supplied by
the lessor since the lessor does not have any control over the
maintenance and usage of the water purifier. The provisions of this
clause shall survive the termination of this agreement with respect
to any claims or liability accruing before such termination. In no
event shall the lessor be liable for any indirect, special or
consequential loss or damages arising from customer’s use of
equipment, including but not limited to loss profits and loss
This contract may be renewed by giving seven days’ notice by either
party under the same terms and conditions.
This agreement may be terminated in any of the following manners:
On completion of this agreement- the Lessee does not renew the
agreement and returns the scheduled equipment to the lessor.
- Non Payment of lease rentals.
Lessor/Lessee inability to continue the agreement after giving 7
days’ notice to either party.
- Loss or permanent damage to the scheduled equipment.
In case of “a”, “b” and “c” above- the agreement will be
terminated on the completion of the following:
Returning of the scheduled equipment to the satisfaction of the
lessor from the scheduled premises only. In case of natural wear
and tear the lessor will accept the equipment and refund the
In case of Non Payment of lease rental or in the case of early
termination, the balance lease rental due will be deducted from
the security deposit and the balance if any will be refunded to
In case of loss or permanent damage, the lessee will pay the
lessor the full market value and the contract will then
No failure of Lessor to exercise or enforce any of its rights under
this Agreement shall act as waiver of subsequent breaches; and the
waiver of any breach shall not act as a waiver of subsequent
breaches. Lessor’s acceptance of payment with knowledge of a default
by customer shall not constitute a waiver of any breach.
Governing Law and Jurisdiction
This agreement shall be constructed and interpreted in accordance
with the laws of India. The courts is Bangalore alone, shall have
jurisdiction to try any dispute arising out of this Agreement.
In the event any provision of this agreement is held by a court or
other tribunal of competent jurisdiction to be enforceable, that
provision will be enforced to the maximum extent permissible under
applicable law, and the other provisions of this agreement will
remain in full force and effect. The parties further agree that in
the event such provision is an essential part of this Agreement,
they will begin negotiations for a suitable replacement provision.
This Agreement represents the entire understanding relating to the
subject matter hereof and prevails over any prior or
contemporaneous, conflicting or additional communications. This
agreement can only be modified by a written amendment signed by the
party against whom enforcement of such modification is sought.
Customer may not, without the prior written consent of Lessee,
transfer or assign this Agreement or any part thereof. Any attempt
to do so shall be a material default of this agreement and shall be
void and shall be termed as ‘illegal’ under applicable laws.
The lessor assumes no liability in connection with this water
purifier other than specified herein. This agreement is in lieu of
all other warranties whether expressed or implied, including
warranties for a particular purpose. The lessor does not authorize
any person or representative to assume for them any other
obligations on their behalf. Under no circumstances are the terms
mentioned above negotiable and no employee of the Lessor or its
representatives has the authority to supersede them.
The lessor shall not be held responsible for such failures which are
a result of such Force Majeure but not limited to floods,
earthquakes, transportation strikes, labour disputes with outside
suppliers or any other condition beyond the control of the lessor