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Terms & Conditions

STANDARD TERMS AND CONDITIONS OF USER INSTALLATION & RENTAL AGREEMENT

  1. The ARCAQUA Ozone System(s) is/are the property of ARCAQUA and shall at all times remains so. Nothing in this agreement or the relevant quotation shall grant the USER ownership of the ARCAQUA Ozone System(s).
  2. ARCAQUA will install at the USER’s premises, train in the use of the ARCAQUA Ozone System(s) and in consideration for this installation, training and maintaining the ARCAQUA Ozone System(s), ArcAqua will collect monthly rental for the use of the ARCAQUA Ozone System.
  3. The quantum of the rental due and payable to ArcAqua by the USER, is defined in the quotation signed by ArcAqua and the User for the ARCAQUA Ozone System(s) set out in that Quotation. The rental due in terms of the relevant Quote is due and payable every month in advance and on or before the 1st day of each month. The USER shall in addition pay any value-added tax or sales tax or other taxes which may be levied on the Monthly Rental. Should the commencement date not be on the first day of the month, that month’s rental shall be paid pro-rata based on the defined commencement date. Should the agreement expire due to it completing its defined term and the date of termination is not on the last day of the month, the rental for that month shall be paid pro rata till the date of termination.
  4. ARCAQUA shall repair, maintain and service the ARCAQUA Ozone System(s) in respect of normal wear and tear for the duration of this rental term.
  5. ARCAQUA acknowledges that the ARCAQUA Ozone System(s) will only be effective for the purposes which it is intended if correctly used strictly in accordance with the user’s instruction manual and once all staff using the ARCAQUA Ozone System(s) has/have been trained by ARCAQUA.
  6. The USER shall be required to fully familiarise itself, implement and comply with all health and safety and consumer laws and requirements that may be applicable to the ARCAQUA Ozone Systems
  7. From the date of installation of the ARCAQUA Ozone System(s), the USER shall be responsible for ensuring that it/they are maintained at all times and remain in good and proper working condition and is/are not lost, stolen, damaged or abused and furthermore insure said ARCAQUA Ozone System(s) on an all risks basis and will be replaced, in such an event, at the ruling cost at that time.
  8. The USER agrees to inform ARCAQUA of any breakdown or failure of the ARCAQUA Ozone System(s) within 24 hours of the event or other reasonable time period. Failure to do so will disqualify the USER from claiming any reduction or suspension of monthly rental for any reason whatsoever.
  9. This agreement is binding on both parties from the commencement date set out in the quotation and for the duration set out in the quotation, and this quotation shall automatically renew for an additional and identical duration on the anniversary of the commencement date, subject to an escalation of 10% of the rental due or as my be agreed in writing.
  10. After a minimum of 6 (six) months either party may terminate this agreement by giving a minimum of 2 (two) calendar months written notice of termination to the other party.
  11. In the event of the USER breaching this agreement by failing to pay any one installment on due date, then in such event ARCAQUA shall be entitled to forthwith remove the ARCAQUA Ozone System(s) from the premises and the USER hereby expressly authorizes ARCAQUA so to do. In such event, ARCAQUA shall be entitled to cancel this Agreement forthwith and to claim such damages as ARCAQUA may have suffered from the USER.
  12. In the event of ARCAQUA instituting legal proceedings against the USER for any reason whatsoever arising out of this Agreement, the USER shall be liable for all of ARCAQUA’s and/or ARCAQUA’s legal costs on ARCAQUA’s attorney and client scale.
  13. The USER shall not be entitled to cede or assign any of its rights nor delegate any of its obligations under the Agreement without the prior written consent of ARCAQUA.
  14. A certificate signed by any manager of ARCAQUA (whose appointment need not be proved) as to any amount due and owing by the USER in terms of this Agreement, shall be prima facie proof of such amount for all purposes of legal proceedings.
  15. Should the commencement date and/or duration of this agreement need to be amended to accommodate the USER’s requirements, the USER and ARCAQUA shall execute a new quote with the adjusted dates and durations reflected in that quote. The date of execution of the quote shall remain unaffected.
  16. This Agreement and quotation is the sole agreement between the parties hereto. No amendment or variation of this Agreement shall be of any force or effect unless in writing and signed by both parties hereto. No extension of time or other indulgence granted by ARCAQUA to the USER shall be construed as a waiver of any of the rights of ARCAQUA.
  17. ARCAQUA shall not in any way be liable for any direct or indirect special, incidental, contingent or consequential damage arising out of loss, damage, death or injury resulting from any cause whatsoever, including but not limited to any defect in the ARCAQUA Ozone System(s), lightening, power surges, or the like, including negligence, but excluding gross negligence. The USER hereby indemnifies the ARCAQUA against any claims arising from the use of the ARCAQUA Ozone System(s) which may be made by any person, including the USER, and the USER shall take out Product and Public Liability Insurance to the satisfaction of ARCAQUA for such an event.
  18. Should the USER abandon or vacate the premises for any reason, it shall give ARCAQUA notice at least one month prior to the event. No party other than the USER shall be entitled to utilize the equipment after the USER has so vacated the premises and ARCAQUA shall be entitled forthwith to remove the ARCAQUA Ozone System(s) and claim such outstanding Monthly Rental(s) due.
  19. In the event of the premises being rented as set out in this Agreement, the USER shall notify the landlord of the premises that the ARCAQUA Ozone System(s) are the property of ARCAQUA and that the USER has no proprietary or other claim to the ARCAQUA Ozone System(s).
  20. ARCAQUA may appoint an agent or nominee to fulfill any or all of its obligations in terms of this agreement.
  21. It is the express intention of ARCAQUA and the USER to incorporate these Standard Terms and Conditions, in their entirety, into the quotation executed between the parties.