Gladden Water promotions &
Terms and Conditions
*Current promotional offers. New customers only.
Free boxed water promo with pallet of case water for new customers, first purchase only.
Not all cooler types available to order at all times due to inventory restrictions. Designer cooler delivered may not be identical to coolers pictured.
Some Internet prices are discounted for a limited time: Customers who rent a cooler for less than 12 months will incur a $85 refurbishing fee. Promotional discounts are only applied to accounts in financial good standing.
Applicable taxes not included in price.
Residential accounts are required to have valid credit card on file (for payment of invoices) at all times.
Charges on Box/Bottled Water Plans: Plans that have rented coolers incur no delivery fees for regular scheduled deliveries. Delivery plans with no rented coolers incur an annual delivery charge of $119.40 (charged $9.95/month). This charge covers all regular scheduled deliveries. The amount is prorated so if a customer cancels service anytime during the year they are not responsible for future charges. Box and bottle charges are billed separately. Box or bottle charges may be billed over 2 or more months depending upon the delivery frequency (for example: if delivery is every other month the water charges will be split over two months). Cooler fees for upgraded cooler options are billed separately. Late fees or ez-pay declined fees are billed separately
Water Service Plans (other than one time orders) In the event customer skips monthly delivery the "water service fee" is still charged along with any upgraded cooler fees.
New Customers: Online offers subject to expire at any time. All new customers subject to credit approval. Taxes and fees not included in prices. Renters and others subject to additional deposits and payment of the first month of service before installation/delivery.
Delivery Expectations for Recurring Box Customers: Box deliveries can be delivered on many different schedules, typically monthly, every other month, every fourth month, or "will call" (delivery schedule may affect prices). Deliveries to residential accounts can occur on the weekday or weekend. Residential deliveries are made to the exterior of the dwelling, to the front door (unless noted to another easily accessible exterior location). Deliveries are not made to backyards or in gated areas. Customers should insure there is a covered location to leave boxes in case of inclement weather. Gladden does not offer "call on the way", "call day ahead" or "ring bell and wait for somebody" options. Gladden does not deliver to the second floor and above if there is no elevator access, however Gladden will deliver to the first floor, and/or leasing offices or similar, at a dwelling and the customer can be responsible to carry the boxes to their location. Text message confirming delivery is sent to the customers number on account at the time the delivery is made. To skip or modify a scheduled delivery please contact Gladden Water, in writing, at least 3 business days in advance to delivery period. Text 888-928-3725 or email [email protected] Refused deliveries are subject to a $35 "refused delivery" fee.
Unlimited Service Plans: Unlimited water service plans discounted $10/mo for 6 months. Free installation unlimited service plans require 12 months of continual service. In the event the customer terminates service prior to 12 months there is a $99 early termination. Two week free trial offer to businesses is a "no strings attached" trial. If not satisfied for any reason in the first two weeks we will remove the system with no costs (limited to actual business addresses and excludes home/residential based businesses). Free installation includes locations that are easily accessible and within 25 feet (on the same wall with no doors or obstructions) of working source water and/or working drain. Coolers pictured may not be identical but will be similar to the actual cooler delivered. Gladden will provide one free complimentary relocation of service to a new serviceable location as long as the service has been in continual service at the existing location for at least 12 months and the account has been in good financial standing . Call for complete details.
Pallets of water: All orders once shipped are final, no returns allowed. Delivery times listed are averages and not guaranteed. All orders prepaid unless prior credit approval. Free delivery for businesses with forklift or dock and no limited access restrictions, additional charges may apply for other delivery options such as "limited access" (construction sites, schools, churches, military, etc) residential, and appointments. Refused or "unable to deliver due to customer" deliveries subject to a fee of not less than $150 up to the total cost incurred by Gladden Water for shipping charges. Residential deliveries subject to additional charges not listed on the product, we will inform if they apply. Free delivery options may require a minimum number of pallets to be purchased. Website sale prices for new customers only. When supplies are constrained Gladden may substitute brands of water for a brand of equal or greater value.
Common Carrier Deliveries (LTL) & Limited Access: Delivery made via LTL common carriers. Delivery does not include moving pallets once they are off the truck unless you prepaid for this. If you have the driver move pallets once they are off the truck, you will be responsible for a charge of $215 per pallet
Pallets of water in many cities will be delivered via standard common carrier. Common carrier delivery is a tailgate delivery to a dock. If you do not have a dock to unload there is a limited access charge for forklift unload (additionally you can pay for a lift-gate to remove pallets from the truck). Certain types of delivery locations are "limited access" and/or "extra charge" locations. The following are the majority (but not all) limited access locations: Construction Site, Mines, Quarries, Oil Fields and/or Pits, Steel Mill, Nuclear Generating Facility, Military Installation, Farm/Ranch, Schools, Wind-farms, Camps, Flea Markets, Nursing Homes, Restaurants, Marinas, Libraries, Vineyards/Winery, Orchards, Country Club/Social Club, Ski Resort/Lodges, Prisons, Airports, Church or place of worship, Native American Reservations, Utility Sites, Fairs/Carnivals, Mini Storage, Rural, Commercial Establishments not open to public during business hours, Commercial Establishments not ready to receive a shipment, Commercial not having access to a loading dock, Sites where inspections required before or after pickup, Location requiring trailer under 48 feet. Appointments can result in additional delivery charges. Customers who fail to make us aware of appointments required or delivery to certain "limited access" locations will be required to pay additional shipping costs if applicable. A signature is required for all common carrier deliveries. Deliveries are made Monday thru Friday 8:00 to 4:30.
Pallet Product Prices: Prices listed are for the city listed. For locations outside the city limits additional charges may apply
Shipping Charges: Occasionally Gladden may not be able to fulfill a expedited shipping guarantee. In the event Gladden fails to meet a shipping speed that customer paid extra money for then the monies paid for expedited shipping fee will be refunded to the customer. Gladden Water assumes no responsibility or liability for orders not shipped on time, other than the expedited shipping fee paid by customer.
Full and Half Truckload Deliveries: Customer is responsible to unload truck. Driver does not provide assistance. Customer has 2 hours to unload truck upon arrival, if unload time takes longer than 2 hours additional charges may apply. Customer is responsible to notify Gladden Water in advance if a specific delivery appointment is required.
Alkaline Water: Higher pH water is made via a cartridge attached to the water cooler and increases the pH of the incoming water. pH can vary depending on use. Water should be tested by customer with a calibrated digital meter to ensure the pH meets their needs.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions apply to your purchase of products and/or services from Gladden Water and by accepting delivery of products and/or services from Gladden Water you accept and are bound by these terms and conditions.
1. Customers signing up for service agree to the terms and conditions provided herein. Customer has carefully reviewed these terms and conditions and has been given an opportunity to ask questions about the product and service.
2. Return of water is not allowed. Once water has been delivered no returns will be accepted for partial or full bottles or boxes. Returnable water bottles, dispensers, and related equipment shall remain the exclusive property of Gladden Water and monthly service payments do not cause a customer to gain any right, title or interest in the dispenser or any other equipment. Customer agrees to provide Gladden with reasonable cooperation with respect to bottle and/or cooler pickups and deliveries.
3. Installation of coolers or water treatment equipment or storage of water on wood floors or other areas that could be damaged by water: Gladden Water recommends against installing dispensers, water treatment equipment, or storing water on wood floors or any surface or in any place/environment that could be damaged by water. In the event Customer stores water or installs a dispenser or water treatment equipment on a wood floor or other surface or in any place/environment that could be damaged by water and experiences damage caused by water it is explicitly clear that Gladden Water assumes no responsibility for any damages arising from such installation. Although it is rare for coolers and/or water treatment equipment to leak it is still possible.
4. Bottles: Customer agrees to use the Bottles for the sole purpose of holding water filled by Gladden Water. No liquid other than water should ever be put in the bottle, this includes drink mixes, alcohol or any other substance. Bottles that are used with any liquid other than water filled by Gladden Water will be considered damaged and will not be accepted back by Gladden Water. Bottles must be secured for pick up on delivery days. Lost, stolen or blown away bottles are Customer's responsibility. Damaged, lost or non returned bottles are billed to the customer at a rate of $15 per bottle.
5. Coolers: Caution on water coolers with hot water option: the water can be very hot, if the water cooler will be used around children or people of concern, you the customer, may want to consider keeping the hot water turned off when not in use via the button on back of cooler. All coolers equipped with a "child proof" button or lever should be checked regularly, by the customer, to ensure the "child proof" function is working properly. Customer assumes responsibility to report to Gladden Water immediately, in writing, any non working child proof levers or buttons. In the event a customer discovers a child proof knob or lever is defective, or not working properly in any way, the customer needs to turn off and un-plug the water cooler until it can be replaced. Coolers are the property of Gladden Water. Coolers are to be kept cleaned and not be subject to abusive use by the customer. No liquid other than water is permitted to go into the cooler. Only water bottled and/or boxed by Gladden Water is permitted to be used with coolers. Customers who rent a cooler for less than 12 months will incur a $85 refurbishing fee. Coolers that are damaged in anyway (with the exception of normal wear and tear) will be billed at full retail prices to the Customer. Damage in excess of normal wear and tear can include, but not limited to, insect infestation, cracks or punctures caused by hitting the cooler, drawings or markings by writing devices such as pens and markers or damage caused from moving or dropping the cooler. Cancellations of customers residing in apartments: cooler must be left at leasing office for pickup by Gladden technician.
6. Service Plans: Prices subject to change at any time. Some filtration service plans require a term of continuous service. Failure to keep term of service will result in a early cancellation fee of $99. Gladden water reserves the right to stop service of any service plan at any time to any customer and/or modify the service plan. Customers on service plans that do not require a term of service commitment are reasonably expected to stay on the service for at least 6 months. Gladden does not normally service mobile homes in short term rental spots, RVs, tents, Air B&B type situations, college dorms, fraternities and other short term rentals. Gladden may deny service if a location appears unsanitary or in areas where it looks like equipment may be damaged or other reasons. The Gladden technician performing installation will often be the person to make a decision not to place equipment. For short term rentals or locations where Gladden has denied placement of equipment the customer does have the option to prepay purchase the equipment. Customer may still purchase water only on a pre-paid basis. Should Gladden exercise its right to stop service or modify service plan Gladden agrees not to hold customer responsible for any early termination fees should customer wish to cancel service.
7. Refusal of Delivery: If a customer refuses a scheduled delivery no credits will be issued for returned product. (Gladden incurs significant costs related to all deliveries) if a customer will not need water they need to inform Gladden in writing so their delivery can be removed from a route in which case customer will only be charged for cooler rental and plan fees.
8. Billings: All bills are due upon receipt. If Customer does not pay invoice by the end of the billing month, Customer will pay Company a late fee not to exceed $7 per month. If customer is on a plan that requires ez pay then Customer agrees to keep Gladden Water informed of card changes or to provide new expiration dates on expiring cards at least 30 days in advance of monthly billing (a fee up to $2 will be charged for ez pay transactions that fail due to non sufficient funds or expired expiration dates).
9. Cancellation of Service. Customer agrees to provide not less than 7 business days notice for cancellation of service. In the event equipment needs to be picked up the customer agrees to cooperate with Gladden Water to facilitate pickup of equipment. A minimum of 7 business days notice is required for all equipment pickups.
10. Filtration Service: Filtration systems unless purchased are the property of Gladden Water and must be returned upon completion of service. A refundable deposit may be assessed to new customers. Filtration systems rarely leak but it is possible. Leaks will be checked for at the time of a technicians visit but Gladden Water has no control over the system after the technician leaves the premise. It is expected the customer will periodically inspect the system for leaks and if any are found the customer should shut off the water immediately and notify Gladden Water or a licensed plumber. Gladden water assumes no liability for damage caused by leaking systems. If the customer needs to cancel service they must provide Gladden Water a minimum of seven (7) business days notice to schedule a uninstall of the equipment.
11. Potential Restricted Delivery Locations: Gladden does not deliver to all locations within service areas. The following are some excluded delivery situations. locations requiring extensive wait times for access to deliver water, some locations without adequate delivery access areas. Some services not available at residential locations. Gladden reserves the right not to deliver to locations more than 200 feet from a acceptable parking location. Gladden reserves the right not install coolers or provide service to dwellings appearing to be unsanitary or in unsafe locations . Unsafe locations include dwellings with extensive smells, unfinished dwellings, damaged dwellings.
12. Boxed bottled water customers on "every other month" or "every third month" delivery schedules are being delivered water and not being billed for all water in the month the water was delivered. Billing for some of the water is being billed in subsequent months. In the event customer cancels service and not all water has yet been billed then that water will be billed on a final invoice.
13. Ability to restrict quantity ordered: Gladden Water may limit purchase quantities in situations when inventories are in short supply. In the event order can not be fulfilled customer will be contacted and refunded if necessary.
14. Liability. Gladden DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLEAR TITLE, OR NON INFRINGEMENT. The total liability of Gladden under this Agreement shall be limited to repairing or replacing defective water bottles, dispensers,and related equipment delivered by Gladden to you. Under no circumstances shall Gladden 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 Gladden. Without limiting the generality of the preceding sentence,Gladden 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 9,monetary liability is imposed upon Gladden, you agree that under no circumstances shall any liability exceed the lesser of actual damages or an amount equal to the total payments made by you to Gladden pursuant to this Agreement during the three (3) billing periods preceding such assessment of liability. You agree to waive and hold Gladden 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, dispensers, coffee equipment or related equipment provided to you under this Agreement. You further agree to indemnify,defend and hold harmless Gladden 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 Gladden as a result of your negligence or misconduct or operation or use of water bottles, products, dispensers, or related equipment provided to you under this Agreement. You waive all rights to bring any claim against Gladden as a class member or class representative, notwithstanding applicable law. You acknowledge that water can damage surfaces with which they come into contact and that leaks may occur from water bottles, boxes, dispensers/equipment. You are responsible for selecting the location for placement of water bottles, boxes, dispensers or related equipment in your property and have full responsibility for any damage or loss that occurs. You acknowledge that installation, use or removal of water bottles, dispensers and related equipment is your responsibility and may change your personal property, home or office.Gladden is not responsible or liable for any costs, expenses, claims or other liability related to any damage, loss or change to your personal property, home or office resulting from the installation, use or removal of water bottles,dispensers or coffee equipment.
15. Dispute Resolution. Gladden and you will first attempt to resolve any dispute, controversy, claim or other issue ("Dispute") which arises out of or relates to this Agreement and/or the services provided to you by Gladden using good faith efforts to negotiate are solution of the matter. You agree that if the Dispute remains unresolved for forty-five (45) days after notification by either party to the other that a Dispute exists, both parties will enter into final binding arbitration in accordance with the rules of the American Arbitration Association to be held in Minneapolis, Minnesota (or such other location as may be required under applicable law) with no right of appeal. If you file any claims, administrative or legal actions involving a Dispute to which this section applies without first having attempted to resolve the Dispute using good faith negotiations,you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them. If a controversy exists relating to amounts owed by you under this Agreement, Gladden reserves the right to pursue collection through court proceedings in lieu of arbitration.
16. Notices. All notices must be in writing and delivered by U.S.mail, certified mail or personal delivery or facsimile with written confirmation of receipt to the Customer address and to Gladden at the mailing address PO Box 455, Excelsior, MN 55331. You agree to notify Gladden promptly of a change in your address.
17. Force Majeure. Gladden shall not be liable to you for any damage, loss or nonperformance caused by government action, war, fire, explosion, flood, strike, lockout, embargo, act of God, or any similar cause beyond the control of Gladden, and in no event does this Agreement require Gladden to settle or resolve any labor dispute or disturbance.
18. General. This Agreement is the entire agreement between you and Gladden relating to the subject matter hereof and supersedes all other oral or written statements made by either you or Gladden. No written modification or change to this Agreement shall be binding unless expressly approved in writing by Gladden. Gladden may accept late payments,partial payments, or checks and money orders marked "payment in full," without compromising any of its rights under this Agreement.Gladden may choose not to exercise or to delay enforcement of any rights under this Agreement without compromising those rights. Gladden may assign this Agreement and any of its rights under it to a third party without notice. You may not assign this Agreement and any such assignment will be null and void. If any provision of this Agreement is held invalid or unenforceable, all other provisions will remain in full force and effect. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF Texas.
Free boxed water promo with pallet of case water for new customers, first purchase only.
Not all cooler types available to order at all times due to inventory restrictions. Designer cooler delivered may not be identical to coolers pictured.
Some Internet prices are discounted for a limited time: Customers who rent a cooler for less than 12 months will incur a $85 refurbishing fee. Promotional discounts are only applied to accounts in financial good standing.
Applicable taxes not included in price.
Residential accounts are required to have valid credit card on file (for payment of invoices) at all times.
Charges on Box/Bottled Water Plans: Plans that have rented coolers incur no delivery fees for regular scheduled deliveries. Delivery plans with no rented coolers incur an annual delivery charge of $119.40 (charged $9.95/month). This charge covers all regular scheduled deliveries. The amount is prorated so if a customer cancels service anytime during the year they are not responsible for future charges. Box and bottle charges are billed separately. Box or bottle charges may be billed over 2 or more months depending upon the delivery frequency (for example: if delivery is every other month the water charges will be split over two months). Cooler fees for upgraded cooler options are billed separately. Late fees or ez-pay declined fees are billed separately
Water Service Plans (other than one time orders) In the event customer skips monthly delivery the "water service fee" is still charged along with any upgraded cooler fees.
New Customers: Online offers subject to expire at any time. All new customers subject to credit approval. Taxes and fees not included in prices. Renters and others subject to additional deposits and payment of the first month of service before installation/delivery.
Delivery Expectations for Recurring Box Customers: Box deliveries can be delivered on many different schedules, typically monthly, every other month, every fourth month, or "will call" (delivery schedule may affect prices). Deliveries to residential accounts can occur on the weekday or weekend. Residential deliveries are made to the exterior of the dwelling, to the front door (unless noted to another easily accessible exterior location). Deliveries are not made to backyards or in gated areas. Customers should insure there is a covered location to leave boxes in case of inclement weather. Gladden does not offer "call on the way", "call day ahead" or "ring bell and wait for somebody" options. Gladden does not deliver to the second floor and above if there is no elevator access, however Gladden will deliver to the first floor, and/or leasing offices or similar, at a dwelling and the customer can be responsible to carry the boxes to their location. Text message confirming delivery is sent to the customers number on account at the time the delivery is made. To skip or modify a scheduled delivery please contact Gladden Water, in writing, at least 3 business days in advance to delivery period. Text 888-928-3725 or email [email protected] Refused deliveries are subject to a $35 "refused delivery" fee.
Unlimited Service Plans: Unlimited water service plans discounted $10/mo for 6 months. Free installation unlimited service plans require 12 months of continual service. In the event the customer terminates service prior to 12 months there is a $99 early termination. Two week free trial offer to businesses is a "no strings attached" trial. If not satisfied for any reason in the first two weeks we will remove the system with no costs (limited to actual business addresses and excludes home/residential based businesses). Free installation includes locations that are easily accessible and within 25 feet (on the same wall with no doors or obstructions) of working source water and/or working drain. Coolers pictured may not be identical but will be similar to the actual cooler delivered. Gladden will provide one free complimentary relocation of service to a new serviceable location as long as the service has been in continual service at the existing location for at least 12 months and the account has been in good financial standing . Call for complete details.
Pallets of water: All orders once shipped are final, no returns allowed. Delivery times listed are averages and not guaranteed. All orders prepaid unless prior credit approval. Free delivery for businesses with forklift or dock and no limited access restrictions, additional charges may apply for other delivery options such as "limited access" (construction sites, schools, churches, military, etc) residential, and appointments. Refused or "unable to deliver due to customer" deliveries subject to a fee of not less than $150 up to the total cost incurred by Gladden Water for shipping charges. Residential deliveries subject to additional charges not listed on the product, we will inform if they apply. Free delivery options may require a minimum number of pallets to be purchased. Website sale prices for new customers only. When supplies are constrained Gladden may substitute brands of water for a brand of equal or greater value.
Common Carrier Deliveries (LTL) & Limited Access: Delivery made via LTL common carriers. Delivery does not include moving pallets once they are off the truck unless you prepaid for this. If you have the driver move pallets once they are off the truck, you will be responsible for a charge of $215 per pallet
Pallets of water in many cities will be delivered via standard common carrier. Common carrier delivery is a tailgate delivery to a dock. If you do not have a dock to unload there is a limited access charge for forklift unload (additionally you can pay for a lift-gate to remove pallets from the truck). Certain types of delivery locations are "limited access" and/or "extra charge" locations. The following are the majority (but not all) limited access locations: Construction Site, Mines, Quarries, Oil Fields and/or Pits, Steel Mill, Nuclear Generating Facility, Military Installation, Farm/Ranch, Schools, Wind-farms, Camps, Flea Markets, Nursing Homes, Restaurants, Marinas, Libraries, Vineyards/Winery, Orchards, Country Club/Social Club, Ski Resort/Lodges, Prisons, Airports, Church or place of worship, Native American Reservations, Utility Sites, Fairs/Carnivals, Mini Storage, Rural, Commercial Establishments not open to public during business hours, Commercial Establishments not ready to receive a shipment, Commercial not having access to a loading dock, Sites where inspections required before or after pickup, Location requiring trailer under 48 feet. Appointments can result in additional delivery charges. Customers who fail to make us aware of appointments required or delivery to certain "limited access" locations will be required to pay additional shipping costs if applicable. A signature is required for all common carrier deliveries. Deliveries are made Monday thru Friday 8:00 to 4:30.
Pallet Product Prices: Prices listed are for the city listed. For locations outside the city limits additional charges may apply
Shipping Charges: Occasionally Gladden may not be able to fulfill a expedited shipping guarantee. In the event Gladden fails to meet a shipping speed that customer paid extra money for then the monies paid for expedited shipping fee will be refunded to the customer. Gladden Water assumes no responsibility or liability for orders not shipped on time, other than the expedited shipping fee paid by customer.
Full and Half Truckload Deliveries: Customer is responsible to unload truck. Driver does not provide assistance. Customer has 2 hours to unload truck upon arrival, if unload time takes longer than 2 hours additional charges may apply. Customer is responsible to notify Gladden Water in advance if a specific delivery appointment is required.
Alkaline Water: Higher pH water is made via a cartridge attached to the water cooler and increases the pH of the incoming water. pH can vary depending on use. Water should be tested by customer with a calibrated digital meter to ensure the pH meets their needs.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions apply to your purchase of products and/or services from Gladden Water and by accepting delivery of products and/or services from Gladden Water you accept and are bound by these terms and conditions.
1. Customers signing up for service agree to the terms and conditions provided herein. Customer has carefully reviewed these terms and conditions and has been given an opportunity to ask questions about the product and service.
2. Return of water is not allowed. Once water has been delivered no returns will be accepted for partial or full bottles or boxes. Returnable water bottles, dispensers, and related equipment shall remain the exclusive property of Gladden Water and monthly service payments do not cause a customer to gain any right, title or interest in the dispenser or any other equipment. Customer agrees to provide Gladden with reasonable cooperation with respect to bottle and/or cooler pickups and deliveries.
3. Installation of coolers or water treatment equipment or storage of water on wood floors or other areas that could be damaged by water: Gladden Water recommends against installing dispensers, water treatment equipment, or storing water on wood floors or any surface or in any place/environment that could be damaged by water. In the event Customer stores water or installs a dispenser or water treatment equipment on a wood floor or other surface or in any place/environment that could be damaged by water and experiences damage caused by water it is explicitly clear that Gladden Water assumes no responsibility for any damages arising from such installation. Although it is rare for coolers and/or water treatment equipment to leak it is still possible.
4. Bottles: Customer agrees to use the Bottles for the sole purpose of holding water filled by Gladden Water. No liquid other than water should ever be put in the bottle, this includes drink mixes, alcohol or any other substance. Bottles that are used with any liquid other than water filled by Gladden Water will be considered damaged and will not be accepted back by Gladden Water. Bottles must be secured for pick up on delivery days. Lost, stolen or blown away bottles are Customer's responsibility. Damaged, lost or non returned bottles are billed to the customer at a rate of $15 per bottle.
5. Coolers: Caution on water coolers with hot water option: the water can be very hot, if the water cooler will be used around children or people of concern, you the customer, may want to consider keeping the hot water turned off when not in use via the button on back of cooler. All coolers equipped with a "child proof" button or lever should be checked regularly, by the customer, to ensure the "child proof" function is working properly. Customer assumes responsibility to report to Gladden Water immediately, in writing, any non working child proof levers or buttons. In the event a customer discovers a child proof knob or lever is defective, or not working properly in any way, the customer needs to turn off and un-plug the water cooler until it can be replaced. Coolers are the property of Gladden Water. Coolers are to be kept cleaned and not be subject to abusive use by the customer. No liquid other than water is permitted to go into the cooler. Only water bottled and/or boxed by Gladden Water is permitted to be used with coolers. Customers who rent a cooler for less than 12 months will incur a $85 refurbishing fee. Coolers that are damaged in anyway (with the exception of normal wear and tear) will be billed at full retail prices to the Customer. Damage in excess of normal wear and tear can include, but not limited to, insect infestation, cracks or punctures caused by hitting the cooler, drawings or markings by writing devices such as pens and markers or damage caused from moving or dropping the cooler. Cancellations of customers residing in apartments: cooler must be left at leasing office for pickup by Gladden technician.
6. Service Plans: Prices subject to change at any time. Some filtration service plans require a term of continuous service. Failure to keep term of service will result in a early cancellation fee of $99. Gladden water reserves the right to stop service of any service plan at any time to any customer and/or modify the service plan. Customers on service plans that do not require a term of service commitment are reasonably expected to stay on the service for at least 6 months. Gladden does not normally service mobile homes in short term rental spots, RVs, tents, Air B&B type situations, college dorms, fraternities and other short term rentals. Gladden may deny service if a location appears unsanitary or in areas where it looks like equipment may be damaged or other reasons. The Gladden technician performing installation will often be the person to make a decision not to place equipment. For short term rentals or locations where Gladden has denied placement of equipment the customer does have the option to prepay purchase the equipment. Customer may still purchase water only on a pre-paid basis. Should Gladden exercise its right to stop service or modify service plan Gladden agrees not to hold customer responsible for any early termination fees should customer wish to cancel service.
7. Refusal of Delivery: If a customer refuses a scheduled delivery no credits will be issued for returned product. (Gladden incurs significant costs related to all deliveries) if a customer will not need water they need to inform Gladden in writing so their delivery can be removed from a route in which case customer will only be charged for cooler rental and plan fees.
8. Billings: All bills are due upon receipt. If Customer does not pay invoice by the end of the billing month, Customer will pay Company a late fee not to exceed $7 per month. If customer is on a plan that requires ez pay then Customer agrees to keep Gladden Water informed of card changes or to provide new expiration dates on expiring cards at least 30 days in advance of monthly billing (a fee up to $2 will be charged for ez pay transactions that fail due to non sufficient funds or expired expiration dates).
9. Cancellation of Service. Customer agrees to provide not less than 7 business days notice for cancellation of service. In the event equipment needs to be picked up the customer agrees to cooperate with Gladden Water to facilitate pickup of equipment. A minimum of 7 business days notice is required for all equipment pickups.
10. Filtration Service: Filtration systems unless purchased are the property of Gladden Water and must be returned upon completion of service. A refundable deposit may be assessed to new customers. Filtration systems rarely leak but it is possible. Leaks will be checked for at the time of a technicians visit but Gladden Water has no control over the system after the technician leaves the premise. It is expected the customer will periodically inspect the system for leaks and if any are found the customer should shut off the water immediately and notify Gladden Water or a licensed plumber. Gladden water assumes no liability for damage caused by leaking systems. If the customer needs to cancel service they must provide Gladden Water a minimum of seven (7) business days notice to schedule a uninstall of the equipment.
11. Potential Restricted Delivery Locations: Gladden does not deliver to all locations within service areas. The following are some excluded delivery situations. locations requiring extensive wait times for access to deliver water, some locations without adequate delivery access areas. Some services not available at residential locations. Gladden reserves the right not to deliver to locations more than 200 feet from a acceptable parking location. Gladden reserves the right not install coolers or provide service to dwellings appearing to be unsanitary or in unsafe locations . Unsafe locations include dwellings with extensive smells, unfinished dwellings, damaged dwellings.
12. Boxed bottled water customers on "every other month" or "every third month" delivery schedules are being delivered water and not being billed for all water in the month the water was delivered. Billing for some of the water is being billed in subsequent months. In the event customer cancels service and not all water has yet been billed then that water will be billed on a final invoice.
13. Ability to restrict quantity ordered: Gladden Water may limit purchase quantities in situations when inventories are in short supply. In the event order can not be fulfilled customer will be contacted and refunded if necessary.
14. Liability. Gladden DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLEAR TITLE, OR NON INFRINGEMENT. The total liability of Gladden under this Agreement shall be limited to repairing or replacing defective water bottles, dispensers,and related equipment delivered by Gladden to you. Under no circumstances shall Gladden 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 Gladden. Without limiting the generality of the preceding sentence,Gladden 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 9,monetary liability is imposed upon Gladden, you agree that under no circumstances shall any liability exceed the lesser of actual damages or an amount equal to the total payments made by you to Gladden pursuant to this Agreement during the three (3) billing periods preceding such assessment of liability. You agree to waive and hold Gladden 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, dispensers, coffee equipment or related equipment provided to you under this Agreement. You further agree to indemnify,defend and hold harmless Gladden 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 Gladden as a result of your negligence or misconduct or operation or use of water bottles, products, dispensers, or related equipment provided to you under this Agreement. You waive all rights to bring any claim against Gladden as a class member or class representative, notwithstanding applicable law. You acknowledge that water can damage surfaces with which they come into contact and that leaks may occur from water bottles, boxes, dispensers/equipment. You are responsible for selecting the location for placement of water bottles, boxes, dispensers or related equipment in your property and have full responsibility for any damage or loss that occurs. You acknowledge that installation, use or removal of water bottles, dispensers and related equipment is your responsibility and may change your personal property, home or office.Gladden is not responsible or liable for any costs, expenses, claims or other liability related to any damage, loss or change to your personal property, home or office resulting from the installation, use or removal of water bottles,dispensers or coffee equipment.
15. Dispute Resolution. Gladden and you will first attempt to resolve any dispute, controversy, claim or other issue ("Dispute") which arises out of or relates to this Agreement and/or the services provided to you by Gladden using good faith efforts to negotiate are solution of the matter. You agree that if the Dispute remains unresolved for forty-five (45) days after notification by either party to the other that a Dispute exists, both parties will enter into final binding arbitration in accordance with the rules of the American Arbitration Association to be held in Minneapolis, Minnesota (or such other location as may be required under applicable law) with no right of appeal. If you file any claims, administrative or legal actions involving a Dispute to which this section applies without first having attempted to resolve the Dispute using good faith negotiations,you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them. If a controversy exists relating to amounts owed by you under this Agreement, Gladden reserves the right to pursue collection through court proceedings in lieu of arbitration.
16. Notices. All notices must be in writing and delivered by U.S.mail, certified mail or personal delivery or facsimile with written confirmation of receipt to the Customer address and to Gladden at the mailing address PO Box 455, Excelsior, MN 55331. You agree to notify Gladden promptly of a change in your address.
17. Force Majeure. Gladden shall not be liable to you for any damage, loss or nonperformance caused by government action, war, fire, explosion, flood, strike, lockout, embargo, act of God, or any similar cause beyond the control of Gladden, and in no event does this Agreement require Gladden to settle or resolve any labor dispute or disturbance.
18. General. This Agreement is the entire agreement between you and Gladden relating to the subject matter hereof and supersedes all other oral or written statements made by either you or Gladden. No written modification or change to this Agreement shall be binding unless expressly approved in writing by Gladden. Gladden may accept late payments,partial payments, or checks and money orders marked "payment in full," without compromising any of its rights under this Agreement.Gladden may choose not to exercise or to delay enforcement of any rights under this Agreement without compromising those rights. Gladden may assign this Agreement and any of its rights under it to a third party without notice. You may not assign this Agreement and any such assignment will be null and void. If any provision of this Agreement is held invalid or unenforceable, all other provisions will remain in full force and effect. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF Texas.