Terms & Conditions
Everybody Water's Standard Terms and Conditions apply and are attached as Exhibit A.
All personal data contained in this Order form will be collected and held solely to allow the processing of your order in accordance with the privacy policy, which can be found at https://everybodywater.com/pages/privacy-policy.
STORAGE INSTRUCTIONS
Everybody Water cases/pallets must be stored in accordance with instructions provided by Everybody Water and/or as follows: Everybody Water will not be liable for any damage resulting from any deviation from such instructions or as set forth herein:
- Pallets cannot be stacked.
- Paperboard cartons must be stored between 40 – 90 degrees Fahrenheit.
- Paperboard cartons cannot be immersed in water/ice for more than 4 hours.
INSPECTION UPON DELIVERY
Immediately upon delivery of Everybody Water cases/pallets, you must on the same day upon delivery but no more than twelve (12) hours after delivery:
- Inspect the cases/pallets and ensure that they are not stacked. In the event that the pallets are stacked, you shall report such stacking to the Carrier and/or Everybody Water.
- Inspect all water deliveries for any damage, leakage, and/or any signs of crushing, or misshaping or denting to the cases (“Damage”).
- In the event of any damage and/or leakage, you must provide Everybody Water’s shipment and/or delivery carrier (the “Carrier”) with evidence, such as photos, of such Damage.
- Failure to inspect for any Damage and provide evidence of such Damage to Everybody Water’s shipment and/or delivery carrier will result in the shipment/delivery carrier declining reimbursement or similar compensation by the carrier for such Damage. Notwithstanding the foregoing, Everybody Water is not liable for any such Damage.
PAYMENT INFORMATION
This page is not considered part of this quotation, or any binding contract agreed between you and Everybody Water. All payment/credit card information will be disposed of following completion of the transaction in accordance with Everybody Water's data protection policies.
- Wire Transfer payment info:
- PayPal/Venmo payment info:
- Credit Card payment Info
- Cardholder Name, Card#, Expiration Date, CCV#:
EXHIBIT A
EVERYBODY WATER TERMS AND CONDITIONS
1. Scope. The following Terms and Conditions (the “Terms”) are between Everybody Water LLC (collectively with its subsidiaries and affiliated companies, “Everybody Water") and you (“you” or the “Customer"). This purchase order (the “Order”) is an offer by Everybody Water for the purchase of cartons, which may be provided in cases that hold such cartons, and which are delivered on full and/or partial pallets (collectively, the "Products”) specified on the face of this Order from Everybody Water in accordance with and subject to these Terms. This Order, together with any documents incorporated herein by reference, and any related confidentiality agreement executed by the parties, once accepted, constitute the sole and entire agreement of the parties with respect to the Order, and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, with respect to the subject matter of the Order. Notwithstanding anything contained herein to the contrary, if a master agreement covering procurement described in the Order exists between Everybody Water and the Customer, the terms of such master agreement shall prevail over any inconsistent terms herein.
2. Entire Agreement. Any quotation or price information made available by Everybody Water is without obligation and subject to change without notice unless an offer has been designated as binding. Oral understandings between you and Everybody Water will require written confirmation by Everybody Water and this Order is binding between you and Everybody Water when it has been accepted in writing by Everybody Water (e.g., confirmation of Order by Everybody Water, which will be final) or when the Order is performed (e.g., delivery). As permitted by law, Everybody Water reserves the right to correct errors in its offers, invoices and communications such as spelling or arithmetical errors. You and Everybody Water each owe a duty to each other cooperate in order to give full effect to your agreement.
3. Assignment. Unless specifically set forth in a written agreement between you and Everybody Water, your obligations to Everybody Water may not be sublicensed or assigned to any third party (with a change in control of you constituting an assignment). These Terms shall be binding on each party's successors and as signs.
4. Delivery/Shipping Terms. Everybody Water will not deliver the Products until the Order is received. The Products will be delivered within a reasonable time after the receipt of an Order, subject to availability of finished Products. All Orders of Products are final and non-refundable except as provided herein. Everybody Water shall not be liable for any delays, loss or damage in transit. Unless otherwise agreed in writing by the parties, Everybody Water shall deliver the Products to Customer’s location as specified in any Order (the “Delivery Location”) using Everybody Water’s standard methods for packaging and shipping such Products. You shall take delivery of the Products immediately upon delivery of the Products to the Delivery Location. You shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the Products at the Delivery Location. Everybody Water may, in its sole discretion, without liability or penalty, make partial shipments of Products to Customer. Each shipment will constitute a separate sale, and you shall pay for the units shipped whether such shipment is in whole or partial fulfillment of the Order.
5. Title and Risk of Loss. Title to the Products and risk of loss passes to you upon delivery by Everybody Water of the Products to a carrier. As collateral security for the payment of the purchase price of the Products, you hereby grant to Everybody Water a lien on, and security interest in, and to all of the right, title and interest of Customer in, to and under the Products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing.
6. Inspection and Rejection of Nonconforming Products. Customer shall inspect the Products upon receipt (“Inspection Period”). Customer will be deemed to have accepted the Products unless it notifies Everybody Water in writing of any Nonconforming Products during the Inspection Period and furnishes such written evidence or other documentation as required by Everybody Water. “Nonconforming Products” means only the following: (i) Products shipped are different than identified in Customer’s purchase order; or (ii) Products’ label or packaging incorrectly identifies its contents. Notwithstanding the foregoing, Nonconforming Products shall not mean Products improperly stored by you and in direct contravention to the Storage Instructions set forth in an Order and Everybody Water shall not be liable to any damage to the Products for your storage of the Products not in accordance with the Storage Instructions. If Customer timely notifies Everybody Water of any Nonconforming Products, Everybody Water shall, in its sole discretion, (i) replace such Nonconforming Products with conforming Products, or (ii) credit or refund the Price for such Nonconforming Products, together with any reasonable shipping and handling expenses incurred by Customer in connection therewith. Customer shall ship, at its expense and risk of loss, the Nonconforming Products to Everybody Water’s address set forth in the Order. If Everybody Water exercises its option to replace Nonconforming Products, Everybody Water shall, after receiving Customer’s shipment of Nonconforming Products, ship to Customer, at Customer’s expense and risk of loss, the replaced Products to the Delivery Location. Customer acknowledges and agrees that the remedies set forth in this Section 6 are Customer’s exclusive remedies for the delivery of Nonconforming Products. Except as provided under Section 6, all sales of Products to Customer are made on a one-way basis and Customer has no right to return Products purchased under this Order to Everybody Water.
7. Prices. Unless otherwise indicated in writing by Everybody Water, all prices are quoted in US dollars and are exclusive of all taxes and duties imposed by any governmental authority and freight and shipping charges, all of which shall be paid by you.
8. Payment. Unless specifically set forth herein, payment for from Everybody Water is set forth in the Order (the “Fees”) and due immediately upon receipt. Overdue payments shall bear interest from the due date at the rate of the lower of one and half percent per month (1.5%) or the maximum rate permissible under applicable law. Customer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Everybody Water, whether relating to Everybody Water's breach, bankruptcy or otherwise.
9. Intellectual Property Rights; Ownership. “Intellectual Property Rights” means all industrial and other intellectual property rights comprising or relating to: (i) patents; (ii) trademarks; (iii) internet domain names, web addresses, web pages; (iv) works of authorship, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software, data, data files, records and documentation; (v) trade secrets; and (vi) all other industrial and intellectual property rights, and all rights, interests and protections that are associated with, equivalent or similar to any of the forgoing, however arising. Customer acknowledges and agrees that: (i) except to the extent provided in a separate written agreement between Customer and Everybody Water, Everybody Water (or its licensors) will retain all Intellectual Property Rights used to create, embodied in, used in, and otherwise relating to the Products; (ii) any and all Everybody Water’s Intellectual Property Rights are the sole and exclusive property of Everybody Water or its licensors; and (iii) Customer shall not acquire any ownership interest in any of Everybody Water’s Intellectual Property Rights under these Terms. Customer shall not: (i) take any action that may interfere with any of Everybody Water’s rights in or to Everybody Water’s Intellectual Property Rights, (ii) challenge any right, title or interest of Everybody Water’s in or to Everybody Water’s Intellectual Property Rights; (iii) make any claim or take any action adverse to Everybody Water’s ownership of Everybody Water’s Intellectual Property Rights; or (iv) engage in any action that tends to disparage, dilute the value of, or reflect negatively on the Products.
10. Disclaimer of warranty. Unless specifically set forth in a written agreement between you and everybody water or as required by law, the products purchased by you are provided “as is.” Everybody water makes no warranty whatsoever with respect to the products, including any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; (c) warranty of title; (d) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
11. Limitation of liability. Except for gross negligence, willful misconduct or death or injury resulting from everybody water’s acts or omissions, in no event shall everybody water be liable for any consequential, indirect, incidental, special, exemplary, or punitive damages, lost profits or revenues or diminution in value, arising out of or relating to any breach of these terms, whether or not the possibility of such damages has been disclosed in advance by customer or could have been reasonably foreseen by customer, regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. In no event shall everybody water’s aggregate liability arising out of or related to these terms, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts paid to everybody water for the products sold hereunder in the three (3) months prior to the subject dispute arising.
12. Indemnification. Customer shall indemnify, defend and hold harmless Everybody Water and its officers, employees, agents, representatives, affiliates, successors and assigns (collectively “Indemnified Parties”) against any and all losses, damages, liabilities, claims, actions, judgments, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees, and the cost of enforcing any right to indemnification hereunder (collectively “Losses”) arising from any third-party claim resulting from or related to: (a) use of Products in combination with any products, materials, or equipment supplied to Customer by a person other than Everybody Water; (b) goods, or products provided by Customer; (c) Customer’s marketing, advertising, promotion or sale or any product containing the Products; or (d) Customer’s storage of Products.
13. Force Majeure. The Everybody Water shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached the Terms, for any failure or delay in fulfilling or performing any term of the Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Everybody Water including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
14. Notices. All notices, request, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth in the Terms or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in the Terms, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
15. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
16. Partial Nullity. In the event that any provision of these Terms is unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or court decisions.
17. No Third-Party Beneficiaries. The Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
18. Governing Law and Jurisdiction. These Terms are entered into between you and Everybody Water is governed by the laws of Massachusetts applicable to contracts wholly entered and performable within such Commonwealth (without regard to applicable conflict of law’s provisions). The United States District Court for the District of Massachusetts or, if federal subject matter jurisdiction is lacking, the Superior Court of the Commonwealth of Massachusetts in Middlesex County, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both you and Everybody Water agrees to the personal jurisdiction and venue of these courts in any action related to such agreement.
19. Revisions; Continued Use. Everybody Water reserves the right to change any of the Terms at any time and in its sole discretion. Any changes will be effective upon the earlier to occur of: (a) emailing the revised Terms, or notice of such changes, to Customer at Customer's e-mail notice address; or (b) posting of the revised Terms on Everybody Water's website. Customer is responsible for reviewing any revised Terms, conditions, policies, guidelines, and information, and any notices of revisions. Customer's continued acceptance of orders following everybody water's e-mailing or posting of any revised terms, conditions, or program policies, or any notice of any such revisions, will constitute customer's acceptance of the revisions. If customer does not agree to any changes to these terms, customer must not continue to accept purchase orders, and must give everybody water notice in accordance with section 14.
"Everybody Water" is a trademark of Everybody Water, LLC registered in the U.S. Patent and Trademark Office. All other trademarks are the property of their respective owners.
Everybody Water LLC's mailing address is: 132 Chief Justice Cushing Highway, Suite 70, Cohasset, MA 02025.
All inquiries may be sent via e-mail to: info@everybodywater.com Everybody Water LLC's website: www.everybodywater.com
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