Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions apply to your purchase of products and/or services from Gladden Water and by accepting delivery of products and/or services from Gladden Water you accept and are bound by these terms and conditions.
1. Customers signing up for service agree to the terms and conditions provided herein. Customer has carefully reviewed these terms and conditions and has been given an opportunity to ask questions about the product and service.
2. Title: Returnable water bottles, dispensers, and related equipment shall remain the exclusive property of Gladden Water and monthly service payments do not cause a customer to gain any right, title or interest in the dispenser or any other equipment. Customer agrees to provide Gladden with reasonable cooperation with respect to bottle and/or cooler pickups and deliveries.
3. Installation of coolers or water treatment equipment on on wood floors or other areas that could be damaged by water: Gladden Water recommends against installing dispensers or water treatment equipment on wood floors or any surface that could be damaged by water. In the event Customer installs a dispenser or water treatment equipment on a wood floor or other surface that could be damaged by water and experiences damage caused by water is is explicitly clear that Gladden Water assumes no responsibility for any damages arising from such installation. Although it is rare for coolers and/or water treatment equipment to leak it is still possible.
4. Bottles: Customer agrees to use the Bottles for the sole purpose of holding water filled by Gladden 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 with any liquid other than water filled by Gladden Water will be considered damaged and will not be accepted back by Gladden Water. Bottles must be secured for pick up on delivery days. Lost, stolen or blown away bottles are Customer's responsibility. Damaged, lost or non returned bottles are billed to the customer at a rate of $15 per bottle. Many plans limit the total number of bottles allowed at premise at any one time. Residential accounts pay additional deposits on bottles over eight in possession at the end of each billing cycle
5. Coolers: Rented coolers are the property of Gladden Water. Coolers are to be kept cleaned and not be subject to abusive use by the customer. No liquid other than water is permitted to go into the cooler. Only water bottled by Gladden Water is permitted to be used with rented coolers. After six months of service returned coolers are subject to a $40 cleaning and refurbishing charge. Coolers that are damaged in anyway (with the exception of normal wear and tear) will be billed at full retail prices to the Customer. Damage in excess of normal wear and tear can include, but not limited to, cracks or punctures caused by hitting the cooler,drawings or markings by writing devices such as pens and markers or damage caused from moving or dropping the cooler. Purchased coolers with “service plan” have repairs limited to normal wear and tear and do not cover user caused damages.
6. Service plans: Many discounted service plans require a term of continuous service.Failure to keep service for term will result in a early cancellation fee of $99. This fee covers the costs of reconditioning equipment and administrative costs. Gladden water reserves the right to stop service of any plan at any time to any customer and/or modify the plan a customer may be on for any reason whatsoever, including but not limited to, abnormal, unreasonable or excess use of water as determined by Gladden Water. Should Gladden exercise its right to stop service or modify plan Gladden agrees not to hold customer responsible for any early termination fees should customer wish to cancel service. Gladden further agrees to refund any monies paid for the month of service in which the change took place. Residential Unlimited Plans:Gladden Water will charge a $15 refundable deposit on each bottle over eight (8) in a customers possession at the end of each billing cycle. Deliveries outside of normal scheduled deliveries will be subject to a delivery fee of up to $19.95.
7. Billings: Customer agrees to pay their bill upon receipt. If customer is on a plan that requires ez pay then Customer agrees to keep Gladden Water informed of card changes or to provide new expiration dates on expiring cards at least 30 days in advance of credit card expiration. Customers who become more than 30 days delinquent in payment will be charged a $10 per month late fee.
8. Liability. Gladden DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLEAR TITLE, OR NON INFRINGEMENT. The total liability of Gladden under this Agreement shall be limited to repairing or replacing defective water bottles, dispensers,and related equipment delivered by Gladden to you. Under no circumstances shall Gladden be liable to you or any other party for any monetary damages whatsoever in connection with this Agreement or the products or services provided by Gladden. Without limiting the generality of the preceding sentence,Gladden specifically disclaims any responsibility or liability for any consequential,incidental, special, exemplary, punitive, or other similar damages, however denominated. If, despite the limitations contained in this Section 9,monetary liability is imposed upon Gladden, you agree that under no circumstances shall any liability exceed the lesser of actual damages or an amount equal to the total payments made by you to Gladden pursuant to this Agreement during the three (3) billing periods preceding such assessment of liability. You agree to waive and hold Gladden and its directors, officers, agents and employees harmless against any claims, damage, injury, or liability suffered or incurred by you or your agents, guests or family members arising from your or your agent's, guest's and family member's negligence or misconduct or operation or use of water bottles, products, dispensers, coffee equipment or related equipment provided to you under this Agreement. You further agree to indemnify,defend and hold harmless Gladden and its directors, officers, agents and employees from and against any claims, damage, injury, cost, liability,expense(including reasonable attorneys' fees) or other loss threatened,suffered, or incurred by Gladden as a result of your negligence or misconduct or operation or use of water bottles, products, dispensers, or related equipment provided to you under this Agreement. You waive all rights to bring any claim against Gladden as a class member or class representative, notwithstanding applicable law. You acknowledge that water or coffee can damage surfaces with which they come into contact and that leaks may occur from water bottles, dispensers or coffee equipment. You are responsible for selecting the location for placement of water bottles, dispensers or related equipment in your property and have full responsibility for any damage or loss that occurs. You acknowledge that installation, use or removal of water bottles, dispensers and related equipment is your responsibility and may change your personal property, home or office.Gladden is 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 resulting from the installation, use or removal of water bottles,dispensers or coffee equipment.
9. Dispute Resolution. Gladden and you will first attempt to resolve any dispute, controversy, claim or other issue("Dispute") which arises out of or relates to this Agreement and/or the services provided to you by Gladden using good faith efforts to negotiate are solution of the matter. You agree that if the Dispute remains unresolved for forty-five (45) days after notification by either party to the other that a Dispute exists, both parties will enter into final binding arbitration in accordance with the rules of the American Arbitration Association to be held in Minneapolis, Minnesota (or such other location as may be required under applicable law) with no right of appeal. If you file any claims, administrative or legal actions involving a Dispute to which this section applies without first having attempted to resolve the Dispute using good faith negotiations,you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them. If a controversy exists relating to amounts owed by you under this Agreement, Gladden reserves the right to pursue collection through court proceedings in lieu of arbitration.
10. Notices. All notices must be in writing and delivered by U.S.mail, certified mail or personal delivery or facsimile with written confirmation of receipt to the Customer address and to Gladden at the mailing address PO Box 455, Excelsior, MN 55331. You agree to notify Gladden promptly of a change in your address.
11. Force Majeure. Gladden shall not be liable to you for any damage, loss or nonperformance caused by government action, war, fire, explosion, flood, strike, lockout, embargo, act of God, or any similar cause beyond the control of Gladden, and in no event does this Agreement require Gladden to settle or resolve any labor dispute or disturbance.
12. General. This Agreement is the entire agreement between you and Gladden relating to the subject matter hereof and supersedes all other oral or written statements made by either you or Gladden.No written modification or change to this Agreement shall be binding unless expressly approved in writing by Gladden. Gladden may accept late payments,partial payments, or checks and money orders marked "payment in full," without compromising any of its rights under this Agreement.Gladden may choose not to exercise or to delay enforcement of any rights under this Agreement without compromising those rights. Gladden may assign this Agreement and any of its rights under it to a third party without notice. You may not assign this Agreement and any such assignment will be null and void. If any provision of this Agreement is held invalid or unenforceable, all other provisions will remain in full force and effect. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF Minnesota.
13. A delivery surcharge will be included as a separate line item on each invoice. The surcharge is based on the Monthly U.S. Average On-Highway Diesel Price (PADD 3 geographic are) as published by the U.S. Department of Energy on its website http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp. We reserve the right to apply the surcharge in our sole discretion. The amount of delivery surcharge is calculated as follows: The minimum monthly fuel surcharge is $1.94. For every $0.10 change above $3.00 in the monthly average price of one gallon of diesel fuel the surcharge will be $.089. For example, if the monthly average price of diesel fuel is $3.09 the Delivery Surcharge would be $2.02
14. Filtration systems: Filtration systems unless purchased are the property of Gladden Water and must be returned upon completion of service. A refundable deposit may be assessed to new customers renting filtration systems. Filtration systems rarely leak but it is possible. Leaks will be checked for at the time of a technicians visit but Gladden Water has no control over the system after the technician leaves the premise. It is expected the customer will periodically inspect the system for leaks and if any are found the customer should shut off the water immediately and notify Gladden Water or a licensed plumber. Gladden water assumes no liability for damage caused by leaking systems.
15. IF ORDER WAS OBTAINED VIA DIRECT SALES THEN YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THE DIRECT SALES TRANSACTION. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO GLADDEN WATER, AT PO BOX 455,EXCELSIOR MN 55331 NOT LATER THAN MIDNIGHT OF THIRD BUSINESS DAY FOLLOWING TRANSACTION.