Aguavida Premium Water

Home & Office Delivery Service Agreement

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1. Orders and Deliveries
   “Customer,” “you,” and “your” mean the individual (first and last name) or company which you have provided to us via our website or provided through the telephone or in person to an Aguavida Premium Water representative and which you have confirmed is correct and complete. “We,” “us,” and “our” mean Aguavida Premium Water and our representatives and personnel. By accepting these terms and conditions, you are agreeing to accept delivery of our products and/or services on a recurring basis in the amounts and as frequently as needed based on your initial orders unless you place specific orders later. You agree that we are permitted to deliver products to each of the locations that you provided to us at signup and any additional locations that may be added at a later date, and you expressly authorize and agree that we may enter these locations to complete installation, delivery, and pick-up.

   For commercial deliveries, you authorize Aguavida Premium Water to enter your premises and place the bottles in the designated delivery location you have specified (e.g., storage room, lobby, or other designated area). For residential deliveries, unless other instructions are provided in advance, bottles will be delivered outside the home at the doorstep or other clearly accessible entry point. Customers are responsible for ensuring safe and reasonable access to the delivery location.

   Important Note: For health, safety, and liability reasons, our drivers are not permitted to place bottles directly into water containers, crocks, dispensers, or any other equipment. Customers are responsible for handling and placing bottles into their equipment after delivery.

2. Delivery Schedule- First delivery is made as soon as possible according to your specifications and our availability. We cannot guarantee delivery will occur when you specify but compromise to inform you about your upcoming delivery no less than one business day ahead of time. After the first delivery, an Aguavida representative will send you a complete schedule of delivery dates. Dates are subject to change and will be notified if changes occur. Customers do NOT need to be present at the time of delivery unless an installation was previously requested by the customer. Customers are responsible to provide accurate address for delivery and will be asked to provide additional delivery instructions (e.g. side gate, don’t knock, lobby, etc.)
3. Delivery Charges– Orders that are outside our free delivery area are subject to a shipping fee. This fee is a flat rate fee that will be calculated at time of check out. Please check our delivery map for more information.
4. Charges on Account- Charges of account will be made 24-48 hours prior to customer’s delivery date on customer’s account on file unless otherwise notified by customer and/or Aguavida Representative.
5. Refundable Bottle Deposit Fee- A bottle deposit fee is charged for every 3 or 5 gallons’ bottle in your original order and every bottle increased to your order after that. Bottle deposit fee price varies according to size and material of the bottle. A bottle deposit fee is refundable upon cancellation of the service and return of empty undamaged bottles. Bottle deposit fee will be refunded up to 30 days after the return of empty bottles. Customer agrees to use the bottles for the sole purpose of holding water filled by Aguavida Premium Water. No liquid other than water should ever be put in the bottle; this includes drink mixes, alcohol or any other substance. Bottles that are used for other purposes will not be accepted back. Lost or stolen bottles are customer’s responsibility. Damaged or lost bottle constitute loss of the deposit fee of that bottle. Bottles must be secured for pick up on delivery days. Customer is responsible for the bottle handling at his/her property. Aguavida Premium Water is not liable for any broken or damaged bottle. If no bottles are returned (not including the first delivery), a charge of $5.00 for plastic and $7.00 for glass will be made to your account. Trips with the purpose of bottles pickup only must be requested by customer and a $5.00 bottle pickup charge will be made to customer’s account. Special Note: Glass bottles required to be handle with extra care and be lifted from the neck and bottom never from the cap. 
6. Refund of Order- Please notify us with in 48 hours prior the delivery date like stated before for any changes. Allow 3-5 business days for a refund to be credited back to you with payment of method provided on file. Once delivery has been made, Aguavida cannot accept back any unused/used, sealed/unsealed, and/or consumed/not consumed bottles of water for a refund. Unwanted bottles MUST still be returned back to Aguavida without refund being credited back to the customer’s account. To claim a refund, all refund claims must be submitted within 6 months of original charge. Customers will receive an email notifying them of their refund. Refunds will appear in the their account according with in 5-7 business days depending on their bank institute.
7. Change of Address- You agree to notify Delivery Services promptly of a change in your address. Customer understands that by changing the delivery address, the delivery schedule may change as well. The change of address may be made by login into your account in our website, by phone 310- 730-3781 or email delivery@aguavidapremium.com.
8. Change in the Order- Customer can increase or decrease the number of bottles per delivery with a minimum of 3 bottles per delivery. Changes in the order must be made at least 48 hours prior to upcoming delivery. Order changes can be made by login into your account in our website, by phone 310-730-3781 or email delivery@aguavidapremium.com. The customer understands that any increase in the order made after the delivery will be subjected to route availability.
9. Skipping Delivery- Customer understands that delivery routes are bi-weekly. By skipping deliveries, the customer understands that the next delivery availability is at least in two-weeks to a month period. To skip a delivery, you must login into your account in our website, or contact Delivery Services by phone 310-730-3781 or email delivery@aguavidapremium.com at least 48 hours prior to the referring delivery. Skipping deliveries on the date of the scheduled delivery or refusing delivery on site will result in a $10.00 charge fee.
10. Accounts on Hold- You may put your account on hold at any time without any fees by providing a notification on your account in our website, by phone 310-730-3781 or email delivery@aguavidapremium.com at least 48 hours prior the next scheduled delivery. Accounts on hold are not subjected to a bottle deposit fee reimbursement. Customer understands that by taking account off of hold the next delivery will be subjected to route availability.
11. Deliveries Upon Request Only- Deliveries upon request can be placed at any time and are at the customer’s responsibility only. Customer understands that deliveries upon request are subjected to route availability.
12. Cancellation- You may cancel the Service Agreement at any time without a termination fee by providing notice of cancellation; such cancellation will take effect at the end of the current delivery and billing period and at least 48 hours before the next scheduled delivery. Cancellations must be done by login into your account in our website, via phone 310-730–3781 or e-mail delivery@aguavidapremium.com. After cancellation, an Aguavida representative will contact you for a final empty bottle pickup. A refund will be made to your account up to 30 days after return of undamaged bottles. 5 and 3 gallon BPA or PET Bottles not returned or discarded represent a $19.00 charge per bottle. 3 gallon in glass represents a $35.00 charge per bottles Note: A past-due subscription must be paid before you can cancel it. Empty bottles should be collected no longer than 2 months after cancellation.
    
13. Billing- You agree to provide payment method information. Customer understands and agrees to a recurring billing system where charges are made on delivery days or every 28 days unless a different payment date was requested by the customer. Customer agrees to notify Delivery Services promptly of a change in payment method. Changes in payment method must be made by login into the customer’s account on Aguavida’s website or by calling 310-730-3781 For security reasons, Aguavida does not hold any credit card information. Customers are notified via email about failed transactions. It is the customer’s responsibility to update payment method information up to 30 days after first charge attempt. After 30 days, a $5.00 late payment fee will be added to your balance. A hold will be put on any account after one unpaid billing cycle and no deliveries will be made unless the balance due is paid.
14. Limitation of Liability.WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE PRODUCTS, EQUIPMENT AND SERVICES WE PROVIDE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACCEPT ALL PRODUCTS, SERVICES AND EQUIPMENT AS IS, WHERE IS AND WITH ALL FAULTS. Our liability to you shall be limited to repairing or replacing defective products or equipment or re-performing the subject services. Under no circumstances shall we be liable to you or any other party for any monetary damages and we expressly disclaim any liability for consequential, incidental, special, punitive or other types of damages. If we are ever held liable to you for monetary damages, these damages shall be capped at an amount equal to the payments made by you to us for the three (3) billing periods preceding such assessment of liability. We are not responsible or liable for any costs, expenses, claims or other liability related to any damage, loss or change to your personal property, home or office, or for any personal injury to you or any other person, resulting from the installation, maintenance, use or removal of our products or equipment. You will indemnify and hold us harmless for any and all claims, damage, injury, costs, liability, expense (including reasonable attorneys’ fees) or other loss suffered or incurred by us in connection with this Service Agreement except for any of such that results from our gross negligence or misconduct.