Note: No studies have been done by Vero Water Inc. on the water in the area of your sated use. Regular maintenance may need to occur more often than our average projections state. Vero Water Inc. will not be responsible for issues arising do the quality of the water coming into the machine. For additional service questions, issues, maintenance items, bottles or other accessories please contact your Vero Water representative for official quotes or dial 1-877-727-VERO (8376) for service issues. Service Defaults: Client's failure to use original or approved parts or accessories shall render this Service Agreement null and void, and Company may deem such a failure a non-curable breach of this Agreement. Moreover, at all times, any parts or accessories used in the System must be installed and/or removed only by Company's authorized personnel. All damages to the System caused, directly or in indirectly, by the use of non-original or non-approved parts or accessories, are Client's sole responsibility, are not covered by this Service agreement and shall be charged separately to Client.
Client's Key System Operator(s): Client shall select, at Client's sole discretion, one or more individuals to act as key operator/s that are to be fully trained by Company about the System's characteristics and shall become knowledgeable about the System's operating manuals an instructions ("Operators" and each an "Operator"). It is Client's duty to assure the attendance of the Operator/s to the training courses provided by Company at the time the System is installed and first tested. Only the Operator/s may evaluate and assess a possible malfunctioning of the System and request an emergency repair service to be immediately provided by Company's authorized technicians.
Implied Warranty Disclaimer: The above warranties are in lieu of all other warranties--express or implied, oral or written, statutory or otherwise--including any implied warranty of merchantability or fitness for a particular purpose. No salesperson, representative or agent of Company is authorized to make any guarantee, warranty, or representation in addition to the foregoing warranty. The Purchaser has been given the opportunity to inspect the System or to have it inspected and the Purchaser has accepted the System "as is" and in its existing condition.
Liability and Indemnity: Vero Water DISCLAIMS ANY AND ALL WARRANTIES UNDER THIS AGREEMENT, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, and FITNESS FOR A PARTICULAR PURPOSE, CLEAR TITLE, OR NONINFRINGEMENT. The total liability of Vero Water under this Agreement shall be limited to providing filters, preventative maintenance, repairs and maintenance, or replacing defective water bottles, water coolers and related equipment delivered by Vero Water to you as outlined in your chosen Vero Water Service & Maintenance Agreement above. Under no circumstances shall Vero Water 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 Vero Water. Without limiting the generality of the preceding sentence, Vero Water 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, monetary liability is imposed upon Vero Water, You agree to waive and hold Vero Water 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, water coolers or related equipment provided to you under this Agreement. You further agree to indemnify, defend and hold harmless Vero Water 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 Vero Water as a result of your negligence or misconduct or operation or use of water bottles, products, water coolers or related equipment provided to you under this Agreement. You acknowledge that water can cause damage to surfaces with which it comes in contact, and that water leaks may occur from water bottles and water coolers. You are responsible for selecting the location for placement of water bottles, water coolers and equipment in your residence or business in order to minimize potential loss or damage. Customer expressly waives any and all claims against Vero Water related to the purchase of the equipment.
Ability to Sell Vero Water Branded Water: Vero Water and the leaf symbol used by Vero Water are registered trademarks of Vero Water, Inc. Client may only sell beverages under the Vero Water brand to their customers or guests while actively enrolled in The Preventative Maintenance Plan or Total Care Plan. Unless otherwise and separately agreed to in writing by Vero Water, Inc., the Customer is prohibited from giving away or otherwise providing free of charge any item bearing a registered trademark of Vero Water, Inc. (this explicitly does not apply to refills) If the Customer violates the provisions of this paragraph, Vero Water reserves the right to remove the Equipment and/or , promotional material(s), and/or anything else that has Vero Water trademarks from the premises, including specifically removal of any Vero Water branded bottles, for which Vero Water has no obligation to replace.
Waiver: Customer expressly waives any claims of any kind or for any reason against Vero Water, its officers, directors, shareholders, employees, contractors and representatives, for any and all damages to Customer’s own equipment, furniture, fixtures, operating supplies, inventory and other machinery located in close proximity to the Equipment as well as any liability that occurs as a result of the Customer’s violation of any terms of this Agreement or default hereunder, which shall include any damage caused by any Vero Water employee, contractor or representative who has made unauthorized repairs, movements or adjustments to Equipment or other Customer equipment, furniture, fixtures, and machinery at Client’s request.
Jurisdiction and Venue: This Agreement will be governed and construed in accordance with the laws of the State of Florida. Client hereby expressly consents to the personal jurisdiction of the state and federal courts located in Florida, for any lawsuit filed there against Client by Company arising from or related to this Agreement.
Arbitration: The Parties shall attempt to settle all disputes arising from this Agreement through good faith through negotiation. In the event that no agreement can be reached on such dispute within thirty (30) days after notification in writing by either Party to the other concerning such dispute, the dispute shall be settled by binding arbitration to be conducted in Florida before an arbitrator to be mutually agreed upon by the Parties. The arbitration decision shall be final, conclusive and binding on both Parties and any arbitration award or decision may be entered in any court having jurisdiction. The Parties agree that the prevailing Party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award. The Parties further agree that the prevailing Party in any such proceeding shall be awarded reasonable attorneys' fees and costs. The Parties agree that except insofar as federal law may preempt this Agreement, it shall be governed by the law of the State of Florida, without regards to its conflicts of laws provisions.
Miscellaneous: Client represents that Client may lawfully enter into, and perform, this Agreement, and that the individuals signing this Agreement on Client's behalf have actual authority. This Agreement constitutes the entire Agreement between the parties hereto as to the subjects addressed in this Agreement, and representations or statements not included herein are not part of this agreement and are not binding on the parties.