The parties to this agreement are the Lessor and the Lessee where Drink Prime (WaterWala Labs Pvt Ltd) is the Lessor & the User is the Lessee. The terms of the rental agreement are as follows:
Term/Tenure of Contract:
This Agreement shall commence on the date the Purifier is delivered to the Lessee and remain in full force and effect until the fixed period equivalent to the tenure of the contract that is agreed by the Lessee while booking the Purifier expires and the Purifier is returned to Lessor, unless terminated earlier or extended pursuant to the flexi tenure policy.
- In case of early termination, the Lessee will give a minimum of 28 days notice in writing
- The lease may be extended for a minimum period of 90 days 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.
- The Billing Period shall be a period of 28 days unless stated otherwise.
- The recharge under any Billing Period shall be calculated from the date of expiry of the Billing Period and not from the date of payment.
The said Purifier will be installed at the Lessee’s residence. In case, the Lessee wants to relocate the said Purifier, he will give a notice of seven days to the Lessor to relocate the Purifier. In no case whatsoever will the Lessee move the said Purifier to any other location. In case the Lessee moves the Purifier to any other location, all conditions and warranties contained in these Terms 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 Purifier. In case of any damage to the Purifier, 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 transfer.
Delivery of Purifier
The Lessor shall deliver the Purifier to the Lessee at the scheduled premises. The Lessor covenants the follows:
- 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 charges for re-delivery of the Purifier.
- The Lessee shall inspect and verify the Purifier at the time of delivery and will accept the same after he has satisfied himself of the condition of the Purifier. Once the Lessee accepts the Purifier, under no circumstances will he return the said Purifier till the termination of these Terms.
- The Lessee shall ensure due permissions and approvals are given to the Lessor for installation of the said Purifier.
- In case there is a need for manual labour required to lift the Purifier 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 Purifier 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 Purifier. 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 Purifier is with the Lessor at all times during and after this contract.
Care of Purifier
The Lessee covenants that the Purifier 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 is not restricted to Usage of the Purifier not operated under normal municipal water or well water conditions or is subjected to temperatures over 40o C.
Maintenance of Purifier
The maintenance of the Purifier will be done by the Lessor during the entire course of this agreement. All normal wear and tear of the Purifier 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 Purifier does not function, the Lessor shall not charge lease rental for the period the Purifier 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 Purifier 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 only.
In case of any issue the Purifier does not function satisfactorily due to no fault of the Lessee, the Purifier will be replaced by Lessor at no cost to the Lessee.
Out of Station
In case the Lessee wishes to pause the subscription in cases of being out-of-station, the Lessor offers a validity extension feature of 28 days once every 360 days of usage. To avail this feature, please do let the Lessor know in advance by sending them an e-mail to email@example.com and the Lessor will be able to provide a validity extension on a case-to-case basis.
In case the Lessee wishes to relocate the Purifier from the registered address, a request shall be made to Lessor 2 (two) weeks prior to the date the Lessee wishes to relocate the Purifier along with the address proof of the new address. Once the request is raised, Lessor shall relocate the Purifier through its personnel only as per the mutually decided date with the Lessee. Relocation shall be subject to successful verification of the KYC of the Lessee’s new address and serviceability of the new location. In the event, the location is not serviceable by Lessor, the same shall be treated as early closure of the Agreement as per these Terms and the rental dues shall be payable as per the Cancellation and Refund Policy.
Consumption of Leftover Litres
The Lessee cannot consume any leftover litres in the Purifier in any manner regardless of payment of the minimum rental amount and/or if the validity of the Subscription is expired.
Restriction of Use
The Lessee covenants that he will use the Purifier only for domestic purposes unless otherwise agreed between the Parties in writing. The Purifier 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 Purifier, 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 Purifier and will inform the Lessor of any damage or theft immediately.
The Lessee also undertakes to bear the costs including but not limited to:
Loss of, or damage or repair to the Purifier, loss of use, diminution of the Purifier’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 Purifier will be applicable as per the policy of the company.
All fines, penalties, court costs and other expenses relating to the Purifier assessed against Lessee or the Purifier during the rental term.
All expenses Lessor incurs due to Lessee’s failure to return the Purifier including costs in locating and recovering the Purifier
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 Lessee’s use of the Purifier 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 Lessee’s use of Purifier, including but not limited to loss profits and loss revenue.
This agreement may be terminated in any of the following manners:
On completion of this agreement- the Lessee does not renew the Subscription and returns the Purifier 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 Purifier.
In case of “a”, “b” and “c” above- the agreement will be terminated on the completion of the following:
- Returning of the Purifier to the satisfaction of the Lessor from the scheduled premises only. In case of natural wear and tear the Lessor will accept the Purifier and refund the security deposit.
- 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 the Lessee.
In case of loss or permanent damage, the Lessee will pay the Lessor the full market value and the contract will then terminate.
We reserve the right to make changes to these terms and conditions at any time. We may modify these terms or add any additional terms that apply to the Service to, for example, reflect changes to the law or changes to our Services. You should review the terms regularly. Your continued use of the Services post an amendment shall be construed as a deemed acceptance of the amended terms and conditions.
These terms are to be read in line with the Terms of Service available at https://drinkprime.in/terms-of-use. All defined terms have the same meaning as stated in the Terms of Service