The said water purification plant will be installed at the lessee’s residence. In case, the lessee wants to relocate the said plant, he will give a notice of Seven days to the party of the first part to relocate the equipment. In no case whatsoever will the lessee move the said equipment to any other location. In case the lessee moves the equipment to any other location, all conditions and warranties contained in this agreement will be considered null and void.
The Lessee shall pay a security deposit as listed in website and applicable at the time of subscribing immediately on signing of this agreement through online/card/cash payment. The lessee authorizes the lessor to adjust the said security deposit to cover any amounts due under this Agreement.
The security deposit will be refunded at the end of the end of this agreement or on early termination of this agreement whichever is earlier within 7 days, based on the inspection of the said equipment. In case of any damage to the equipment, the same shall be recovered from the security deposit and the balance will be paid to the lessee to the duly designated bank account via online transfer.
On signing of this agreement and payment of the security deposit mentioned above, the lessor shall deliver the equipment to the lessee at the scheduled premises. The lessor covenants the follows
The Lessor covenants that he is the rightful owner and has the full tittle of the scheduled equipment and is entitled to enter this agreement and warranties that there are no charges that are payable on the same.
The lessee acknowledges that the lessor has the full tittle and ownership of the equipment. The lessee shall immediately notify the lessor in case any levy/lien is notified or is threatened with seizure. The Lessee shall indemnify and hold the lessor harmless against all loss and damages caused by such action.
The lessor and Lessee agree that at no time during this contract either expressly or implied that the ownership transfers to the lessee at any time. The ownership of the scheduled equipment is with the Lessor at all times during and after this contract.
The lessee covenants that the scheduled equipment will be used in a careful and proper manner and shall not be used in any way that is inconsistent with Lessee’s instructions or manuals. These include but restricted to:
The maintenance of the scheduled equipment will be done by the lessor during the entire course of this agreement. All normal wear and tear of the equipment will be repaired by the lessor at his own cost. In case of any malfunction, the lessee shall notify the lessor and the lessor shall rectify the same within 5 working days. The lessor also covenants that in case the equipment does not function, the lessor shall not charge lease rental for the period the equipment is not working.
In Lessor shall not be responsible or liable for any repairs or alterations made by the lessee without prior written approval for products clogged by suspended matter, precipitates or biological matter or growth, precipitates or from failure of resulting from the lack of proper maintenance.
In case of the scheduled equipment failing due to mishandling of the product by the lessee, or has been subjected to misuse, misapplication, negligence, alteration, accident or operation contrary to our instructions, incompatibility with accessories not installed by the lessor, or that have been repaired with component parts other than those manufactured or obtained from the lessor, any charges that accrue including but not limited to labour, material, parts and any other items will be borne by the lessee only.
In case of any issue the equipment does not function satisfactorily due to no fault of the customer, the product will be replaced by Lessor at no cost to the lessee.
The lessee needs to have both Balance and Validity in his account for him to be able to use the Purifier.
The Specific Recharge Plans which a customer is eligible for will be shown on his mobile app.
Incase the Lessee requests for a change in plan, the litre balance will be reset to zero.
The eligible discounts for a 6 months plan will be applicable on full payment for 6 months and the security deposit only.
The validity will be increased for a period of 30 days incase of a monthly recharge and a period of 180 days in case of a half yearly recharge only.
In case the Customer wishes to relocate the Product(s) from the registered address, a request shall be made to DrinPrime 2 (two) weeks prior to the date the Customer wishes to relocate the Product along with the address proof of the new address. Once the request is raised, DrinPrime shall relocate the Product through its personnel only as per the mutually decided date with the Customer. Relocation shall be subject to successful verification of the KYC of the Customer’s new address and serviceability of the new location. In the event, the location is not serviceable by DrinPrime, the same shall be treated as early closure of the Agreement as per the Flexi Tenure Policy and the rental dues shall be payable as per the Flexi Tenure Policy.
The lessee covenants that he will use the equipment only for domestic purposes. The equipment will be handled only by persons authorized by the lessee for strictly legal purposes.
The lessee covenants that in case of any permanent damage due to negligence making the product unusable, loss or theft of the scheduled equipment, regardless of cause or fault, he will make good the amount at its fair market value as determined by the lessor. The lessee is responsible for the safe keeping of the scheduled equipment and will inform the lessor of any damage or theft immediately.
The Lessee also undertakes to bear the costs including but not limited to:
The lessor shall indemnify, defend and hold harmless the lessor from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Customer’s use of the scheduled equipment by any cause. The lessor cannot and shall not be held liable for any sickness or illness due to the consumption of drinking water from the water purifier supplied by the lessor since the lessor does not have any control over the maintenance and usage of the water purifier. The provisions of this clause shall survive the termination of this agreement with respect to any claims or liability accruing before such termination. In no event shall the lessor be liable for any indirect, special or consequential loss or damages arising from customer’s use of equipment, including but not limited to loss profits and loss revenue.
This contract may be renewed by giving seven days’ notice by either party under the same terms and conditions.
This agreement may be terminated in any of the following manners:
In case of “a”, “b” and “c” above- the agreement will be terminated on the completion of the following:
No failure of Lessor to exercise or enforce any of its rights under this Agreement shall act as waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Lessor’s acceptance of payment with knowledge of a default by customer shall not constitute a waiver of any breach.
This agreement shall be constructed and interpreted in accordance with the laws of India. The courts is Bangalore alone, shall have jurisdiction to try any dispute arising out of this Agreement.
In the event any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be enforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
Customer may not, without the prior written consent of Lessee, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this agreement and shall be void and shall be termed as ‘illegal’ under applicable laws.
The lessor assumes no liability in connection with this water purifier other than specified herein. This agreement is in lieu of all other warranties whether expressed or implied, including warranties for a particular purpose. The lessor does not authorize any person or representative to assume for them any other obligations on their behalf. Under no circumstances are the terms mentioned above negotiable and no employee of the Lessor or its representatives has the authority to supersede them.
The lessor shall not be held responsible for such failures which are a result of such Force Majeure but not limited to floods, earthquakes, transportation strikes, labour disputes with outside suppliers or any other condition beyond the control of the lessor.