TERMS & CONDITIONS
1. ROLE OF Sky Water -
Pure Touch LLC referred to herein as(VENDOR, “We”, “Us”) is the equipment vendor. You (the customer)are leasing the equipment stated on your rental contract from Us.
2. LOCATION OF THE EQUIPMENT – The equipment will be used only at the location specified on the form You fill out on the checkout page on our website and You shall not remove the equipment from such locationor return it to Us without consent Our consent.
3. TERM – The rental term starts once We deliver and install the equipment. The initial term of this agreement is one month. The term will renew as per Section 6 of this agreement.
4. LATE PAYMENT PENALTY – If We do not receive your payment by its due date, there will be a late fee of $20.00 or 15% of the late amount, whichever is more.
5. UPON COMPLETION OF THE RENTAL TERM – Upon completion of the rental term, the equipment will be made available to us or our assigned designee, in good working condition. If any fees apply equipment will be returned to us at customer’s expense.
6. RENEWAL – After the Initial term, this agreement will renew automatically for one month at a time indefinitely. You can elect to cancel the renewal of this agreement by sending Us written notice of your intent to cancel a minimum of 30 days prior to the end of the last billing cycle You intend to stay with Us. We will not prorate any billing cycle. You agree to pay all amounts due, without any right to reduction or set-off.
9. Fees and Charges -- We will bill you monthly in advance for your Subscription Services. Charges are billed to the credit or debit card you registered with your Membership Account. You agree to pay all amounts billed for our Services, as well as all taxes, fees, and other charges, if any, that are now or may in the future be assessed in connection with any of our Services you access or use, and any other charges due and owing to us. We may apply interest and late fees for any amounts paid following the date when due, and we may terminate or suspend your account for any failure to timely pay any amounts or maintain up-to-date payment method information within your account.
10. Filter changes and other services – Depending on the equipment you receive from us, you will require filter changes and maintenance services. Heavier usage will require more frequent service. You may also require repairs. While some repairs may not require payment from you if they are covered by the manufacturer warranty, all other services provided by us will require separate payment. You agree to pay all these charges and authorize Sky Water to charge the card you provided for the amount due. We will charge your card prior to servicing you. They will appear as a separate charge on your statement and will be charged on the day you order the service. These charges are subject to the other terms of this agreement. Please refer to the manufacturer warranty to see which repairs are covered for free. Also, please refer to our website and to your membership area to see the charges that will apply for the applicable services that you require or will require.
11. Delivery and Acceptance form – At the time that our representative installs our equipment at your location, they will ask you to sign a form that confirms your acceptance of the equipment at your location. It also asks you to certify that the equipment is in good working order. The terms of that form are to be considered a part of this agreement.
12. Registration of Credit or Debit Card -- You will be required to register a valid credit or debit card to process payments of the monthly rental. When you register a credit or debit card for a new account, You authorize Sky Water to charge your card for any moneys owed to us based on Your rental, fees, interest and taxes. You are solely responsible for any and allfees charged to your credit or debit card by the issuer, bank, or financial institution, including fees for membership, any overdraft or other insufficient funds, or for exceeding any applicable credit limit. Once your account is authenticated, the credit or debit card that you registered with your account will be charged for each transaction without having to reenter your credit or debit card information. You agree that the issuer of any credit or debit card you registered with your Membership Account will accept these Terms and conditions as your authorization and pay all amounts billed in connection with this rental without Sky Watersubmitting a signed receipt.
14. No Returns, Credits or Refunds -- YOU UNDERSTAND AND AGREE THAT PAYMENTS ARE NONREFUNDABLE. WE ARE NOT OBLIGATED, AND YOU ARE NOT ENTITLED AND HEREBY WAIVE ANY RIGHT, TO ANY CREDIT, REFUND, PRICE ADJUSTMENT OR ANY OTHER DISCOUNT, COMPENSATION OR RECOMPENSE FOR ANY PARTIALLY USED OR UNUSED SERVICE. Because charges are prepaid each billing period, following your cancellation of any of your rental Services, you will continue to have access to any and all of such Services for which you have paid through the end of your then-current billing period, and to certain of our other Services that do not require any payment, including, access to and use of certain portions of our Website and Apps.
15. REMEDIES FOR DEFAULT – If you do not pay Us as agreed or fail to perform any other term of this Rental, You agree that We may repossessthe equipment and/or sue You for all past due rent and other charges andfor all rent due in the future until the end of the Rental Term. You must also pay our legal, collection and other costs and interest on all moniesdue to us. If we do not repossess the equipment, we may also directly sueyou for the
“residual’’ (end of term) equipment value. You agree that you are responsible for the equipment and agree to pay the residual value if we do not recover the equipment. We will charge your credit card for that amount.
16. CHOICE OF LAW - SKY WATER, RENTAL CUSTOMER (YOU) AND ALL GUARANTORS CONSENT TO THE JURISDICTION AND VENUE OF ANY LOCAL, STATE, OR FEDERAL COURT LOCATED WITHIN THE STATE OF NEW YORK AND WAIVE ANY OBJECTIONS TO IMPROPER VENUE OR FORUM NON CONVENIENS TO THE CONDUCT OF ANY PROCEEDING IN ANY SUCH COURT. ACTION MAY ALSO BE BROUGHT IN ANY OTHER COURT OR COMPETENT JURISDICTION WHERE THE CUSTOMER RESIDES.
17. TITLE THE EQUIPMENT – We will have title to the equipment at all times.
18. TRUE LEASE AND FINANCE LEASE – This is a “true lease’’ and not a loan or installment sale. If this is later determined not to be a “true lease’’, you grant Us a security interest in the equipment. You give Us power of attorney to file UCC financing statement, and We may charge you a fee to cover documentation and other costs. You also agree that thisis a “finance lease’’ under Article 2A of the Uniform Commercial Code(“UCC”). You waive all rights and remedies you may have under theUCC, including those in Sections 2A-508 through 2A-522.
19. PAYMENT OF TAXES – You must pay us for all sales, use, propertyand other taxes (and any penalties) related to the Rental and theequipment.
20. INDEMNIFICATION – You accept all risks of loss, injury or damage caused by the equipment and shall indemnify Us for all liabilities, claims, suits, damages and losses arising from the same. This indemnity will continue even after this Rental has ended.
21. INSURANCE – You must keep it insured against all risks of loss in an amount equal to the replacement cost and will have Us listed on the policy as the “loss payee”.
22. ASSIGNMENT – You may not assign (transfer) the Rental or your rights to anyone else. You may not rent the equipment to anyone. We may sell or transfer our interests to another person or company, who will then have all of our rights but none of our obligations. Those obligations will continue to be ours. The rights We pass on to the new person or company will not be subject to any defenses, claims or set-offs you may assert against Us. Any action by You against Us must be commenced within one year after the cause of action arises or be forever barred.