Terms and Conditions

General Terms and Conditions for Leasing Contracts for
the Water Dispenser System TYCOONITA®

1. Conclusion of the contract

The contract shall come into force upon signature of the Leasing Contract.

2. Delivery

Delivery of the water dispenser(s) is carried out according to separate agreements between Lessee and Lessor following signature of the Leasing Contract. Risk for the dispenser shall pass to the Lessee at the time of delivery.

3. Leasing installments

Payment of the due monthly leasing installments is effected by direct debit or standing order from the account specified by the Lessee. The monthly leasing installments shall be paid monthly in advance on the first working day of each month.

4. Delay

If payment is not made on or before the due date or the rental due date (as the case may be) Tycoonita shall be entitled:

1. to cancel this Agreement or suspend further deliveries
2. appropriate any payment already made under this or any other contract to the debt

5. Assumption of costs

 The Lessee shall bear any fees, contributions, taxes, and other charges as may arise from the use and maintenance of the leased object.

6. Property

The leased object remains the property of the Lessor. The Lessor may not alter the leased object, change its location, or surrender it to third parties, or to dispose of it as he wishes.

7. Insurance

1. The Lessee shall insure the Cooler for the sum advised by Tycoonita LLP on a fully comprehensive basis with a reputable insurance company.
2. If the Cooler is lost, stolen or damaged, the Lessee shall immediately notify Tycoonita LLP and the insurers.

8. Upkeep and maintenance

The Lessee shall be liable for the maintenance, upkeep, and protection of the leased object. He must pursue or make any claims against third parties or avert third-party compulsory execution measures at his own expense.

9. Liability

THE LESSEE’S LIABILITY IS DRAWN TO THE PROVISIONS OF THIS CLAUSE 9

1. The Lessor must ensure the proper installation, connection and business operability of the lease object. However, the warranty shall not include the removal of defects that were caused by improper use, inadequate maintenance, incorrect operation, and damage inflicted by third parties. The Lessee shall be liable for proper operation and maintenance as well as consequential damage.
2. Nothing in these conditions shall affect the statutory right of any consumer.
3. Tycoonita LLP shall maintain the Cooler as regards fair ware, but accepts no liability to repair the Cooler in respect of accident, willful damage, negligence, abnormal environmental conditions, misuse or failure to follow Tycoonita LLP’s instructions.
4. Except in respect of personal injury or death caused by Tycoonita LLP’s negligence it shall not be liable for any consequential loss, damage or compensation which arise in connection with the Cooler and the supply of the Goods except as provided in this Agreement.
5. All Warranties, or other terms implied by statute or common law are excluded to the extent permitted by law.

10. Notices of defects

Notices of defects must be notified to the Lessor in writing immediately. The Lessor shall only ensure the removal of the defects after consulting with the Lessee.

11. Exclusion

All claims and rights of the Lessor against the Lessee on account of material defects and defects in title of the leased object, especially of warranty claims under landlord and tenant law, are only valid if they are acknowledged or successfully asserted before a court by the Lessor. Insofar as claims are directed against third parties, the Lessor - as the owner - shall assign them to the Lessee.

12. Bearing of the risk

The Lessee shall bear the risk for the destruction, loss, excessive wear as a result of improper use.

13. Termination and return of the Cooler

This Agreement may be terminated:

1. By the Lessee giving written notice to the Lessor at least three months before the end of the Fixed Period or at any time after the Fixed Period by giving 3 months written notice to the Lessor
2. Forthwith by Tycoonita LLP if Lessee fails to pay sums dune and such sums remain unpaid for 10 days after the Due Date or the Rental Due Date
3. Forthwith by Tycoonita LLP on giving notice if the Lessee commits any material or persistent breach of this Agreement
4. By Tycoonita LLP upon 90 days written notice to the Lessee
5. Forthwith upon the insolvency of the Lessee
6. Without affecting the rights of Tycoonita LLP which are expressly intended to come into force on or after such termination.
7. The Lessee may terminate this Agreement before the end of the Fixed Period by giving the Lessor one month’s written notice, returning the cooler and paying to the Lessor a sum equivalent tall periodic rental arrears and any other amounts due together with a sum equal to the periodic rentals that would, but for such termination have accrued due between the date of termination and the expiry of the Fixed Period of rental. The sum shall bear and Value Added Tax where applicable.

14. Miscellaneous

Any terms diverging thereof require the written form. Should one or several provisions be or become valid or unworkable, they shall not cease to apply, rather, they are to be replaced by equivalent valid provisions.

15. Law

This Agreement shall be governed by and construed in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

16. VAT

VAT at the rate applicable at the due date for each payment shall be applied to each payment.

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