top of page

Terms & conditions

Updated January 1, 2020

​

​

TERMS & CONDITIONS

Service

Pure Alkaline Inc.
Terms and Conditions
Effective Date: 1/1/2020

​

Welcome to Pure Alkaline Inc.! These Terms and Conditions ("Terms") govern your use of our website and services, including any purchases made for water delivery. By accessing our website and/or placing an order, you agree to these Terms.

​

By completing a purchase on our website, you electronically agree to these Terms and Conditions, including the Hold Harmless Clause, Delivery Conditions, Equipment Lease and Use Terms, and other policies outlined below.

​

1. Delivery Terms

  1. Product Orders: Customer agrees to purchase bottled water, beverages, and related products ("Products") from Pure Alkaline Inc. ("Company") as ordered. The Company reserves the right to impose a minimum delivery requirement of either $20.00 or any combination of two Products per delivery, exclusive of taxes, fees, and surcharges. All orders are subject to credit approval and acceptance by the Company.

  2. Skip Fee: If a customer using Included Equipment (defined below) skips more than two monthly deliveries within any twelve-month period starting from the initiation of service, the Company reserves the right to charge a "Skip Fee" of $5.00 for each month skipped beyond the second.

  3. Missed Delivery Fee: In the event that a customer fails to inform the Company that they are not at home to receive delivery or neglects to leave out the necessary bottles for delivery, a missed delivery fee of $17.50 will be charged to the customer's account.

  4. Availability of Service: Service availability may vary based on geographic location and delivery routes. The Company may refuse service to any area where it deems it unfeasible.

2. Leased Equipment Terms

  1. Lease Agreement: If requested, the Company will lease coolers, filtration systems, and other equipment ("Leased Equipment") to the Customer. The Customer agrees to pay all lease payments as specified. This agreement is acknowledged by the Customer as a true lease.

  2. Responsibility for Equipment: The Customer will be responsible for the care and maintenance of the Leased Equipment and will bear the cost of any repairs or replacements needed due to negligence or misuse.

  3. Installation Services: All plans include standard installation services, which cover up to one hour of labor and 6 feet of standard installation materials. Any additional labor or materials required will be the responsibility of the Customer.

3. Equipment for Certain Plans

  1. Included Equipment: Customers selecting a plan that includes equipment will receive the equipment specified by the Company ("Included Equipment") for the agreed-upon duration and pricing.

  2. Upgrade Options: Customers opting for upgraded Included Equipment will be charged the specified monthly upgrade fee.

  3. Plan Without Equipment: If a Customer chooses a plan with no Included Equipment, the Company will not provide any equipment.

4. Use of Leased Equipment, Included Equipment, and Bottles

  1. Installation and Maintenance: The Company will install the Equipment at the Customer's designated address. The Customer agrees to maintain the Equipment and Bottles in a safe and sanitary manner, following the Company's instructions.

  2. Ownership Rights: The Equipment and Bottles remain the sole and exclusive property of the Company. The Customer shall have no ownership rights or interest except as specified in this Agreement.

  3. Prohibited Actions: The Customer agrees not to:

  • Remove the Equipment from their location without prior written consent from the Company.

  • Alter or modify the Equipment.

  • Permit anyone other than the Company to perform repairs on the Equipment.

  • Refill or reuse Bottles for any purpose outside the intended use.

    4. Inspection Rights: The Company reserves the right to enter the Customer's premises during reasonable hours to inspect the Equipment          and retrieve Bottles.

5. Term of Agreement

  1. Initial Term: The Initial Term of this Agreement shall commence on the date the Equipment is installed or, for Customers who purchase Products only, on the date of the first Product delivery. If no specific term is stated, the Initial Term shall be one month.

  2. Renewal and Termination: Upon expiration of the Initial Term, this Agreement shall continue on a month-to-month basis unless terminated by either party with a 30-day written notice. For yearly plan Customers, the Initial Term will be one year.

  3. Early Termination Charges: Customers who terminate this Agreement prior to the expiration of the Initial Term will incur an early termination fee of $75.

6. Pricing

  1. Price Stability: Leased Equipment rental fees and bottled water prices shall not increase during the first six months of the Initial Term. Any price changes thereafter will not exceed the Company’s current regular non-introductory prices.

7. Charges, Fees, Deposits, and Refunds

  1. Customer Charges: Customers are responsible for all applicable charges, including surcharges, taxes, and deposits, which may include:

  2. Bottle deposits up to $10 per Bottle.

  3. Account deposits up to $150.

  4. Delivery fees up to $10.00 per delivery.

  5. The Skip Fee, if applicable.

  6. Late Payment Fees: If payment is not received within 30 days of the invoice date, a late fee of $20 or an interest charge of 1.5% per month will be applied to the unpaid balance.

  7. Refunds: Refunds, if applicable, will be credited back to the payment method on file at Company’s discretion.

8. Risk of Loss and Hold Harmless

  1. Customer Liability: Customer assumes all risk of loss or damage to Equipment and Bottles once received and is responsible for any resulting liability.

  2. Hold Harmless Clause: To the fullest extent permitted by law, Customer agrees to hold harmless, defend, and indemnify Pure Alkaline Inc., its owners, employees, agents, and affiliates from any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with the consumption, use, or misuse of Products provided by Pure Alkaline Inc. This includes, but is not limited to, any potential health or safety claims resulting from the consumption of bottled water, equipment malfunctions, or delivery errors. This clause shall survive the termination or expiration of this Agreement.

9. Default and Remedies

  1. Customer Default: Failure to make timely payments or fulfill obligations constitutes default. Company reserves the right to terminate this Agreement, repossess Equipment, and recover costs, including reasonable attorneys' fees.

10. Mobile Phone Delivery Service

  1. Messaging Service: The Mobile Messaging Service provides order and delivery updates via text or phone call. Standard data and messaging rates may apply. Customer will indemnify Company against any claims arising from mobile use or unauthorized number changes.

11. Electronic Billing and Notifications

  1. Electronic Consent: Customer consents to receiving information electronically via Text or email from Pure Alkaline Inc. website, with paper copies available upon request.

12. Force Majeure

  1. Pure Alkaline Inc. shall not be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its control, including acts of God, war, terrorism, labor disputes, or natural disasters.

13. Dispute Resolution

  1. Arbitration Agreement: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, and the arbitration shall take place in Miami Dade, Florida.

Waiver of Class Actions: The Customer waives any right to participate in a class action or collective action against the Company.1

14. Governing Law

  1. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

15. Severability

  1. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it valid and enforceable, and all remaining provisions shall remain in full force and effect.

16. Miscellaneous

  1. No Assignment: Customer cannot transfer rights under this Agreement without Company’s consent. All terms and waivers require written consent from both parties.

  2. Credit Investigations: The Customer grants the Company authority to conduct credit investigations as deemed necessary and retains the right to terminate this Agreement based on the findings.

17. Disclaimer of Warranty

  1. Equipment Condition: Company provides Equipment "as is," with no express or implied warranties regarding fitness or suitability. Customer’s responsibilities under this Agreement remain unaffected by any Equipment defects.

​

By placing an order, Customer agrees to these Terms, including the Hold Harmless Clause and provisions governing Products, Leased Equipment, Included Equipment, and all fees and charges outlined above.

Contact Information:
Pure Alkaline Inc.
Phone: 305-928-3712
Email: info@purealkalinedelivery.com

 

 

 

 

 

​

​

bottom of page