1.1 The following definitions and rules of interpretation apply in this Agreement:
- Commencement Date: the date on which you take Delivery of the Water Cooler;
- Delivery: the transfer of physical possession of the Water Cooler to you at the address specified on the Quotation;
- Hire Payments: the payments made by you for hire of the Water Cooler;
- Quotation: the document sent by us to you confirming the details of your order; and
- Water Cooler: the item listed as the Water Cooler in the Quotation.
2. WATER DISPENSER HIRE
2.1 This Agreement is made between MECO and you whereby we agree to hire to you and you agree to take on hire the Water Cooler.
3. HIRE PERIOD
3.1 The Hire Period starts on the Commencement Date and shall continue with a 12-month minimum term, or until such time as this Agreement is terminated in accordance with clause 11.
3.2 In case of termination of renting the water cooler before the hire period ends, MECO may require you to pay for the remaining months of the contract or as agreed by MECO.
4. HIRE PAYMENTS
4.1 You shall pay the Hire Payments as set out in the basket by cheque or direct debit to our nominated bank account in advance. You undertake not to cancel or alter the direct debit mandate during the term of the Hire Period.
4.2 The Hire Payments are inclusive of VAT and any other applicable taxes and duties or similar charges which shall be payable by you at the rate and in the manner from time to time prescribed by law.
4.3 All amounts due under this Agreement shall be paid in full without any set-off, counterclaim, deduction or withholding.
4.4 If you fail to make any payment due to us under this Agreement by the due date for payment, then, without limiting our remedies under this Agreement or at law, you shall pay a penalty of Rs 2,000 for that month You shall pay the penalty together with the overdue amount. We reserve the right to alter the Hire Payments to account for any penalty payable under this clause 4.4.
5. DELIVERY AND INSTALLATION
5.1 Delivery of the Water Cooler shall be made by us at your address specified in the Quotation. We shall use reasonable endeavors to deliver the Water Cooler without undue delay on the date specified in the Quotation however time of Delivery is not guaranteed and we will not be liable for any delay in Delivery caused by circumstances beyond our reasonable control.
5.2 You shall procure that a duly authorized person shall be present to accept Delivery of the Water Cooler.
5.3 If there is no one at the address given who is competent to accept Delivery of the Water Cooler, we will notify you of an alternative Delivery date. We may charge you for storage costs and any further Delivery costs associated with the redelivery.
6. TITLE AND RISK
6.1 The Water Cooler shall at all times remain our property and you shall have no right, title or interest in or to the Water Cooler save the right to possession and use of the Water Cooler subject to the terms and conditions of this Agreement.
6.2 The risk of loss, theft, damage or destruction of the Water Cooler shall pass to you on Delivery. The Water Cooler shall be your sole responsibility during the Hire Period and any further term during which the Water Cooler is in your possession, custody or control. We will take responsibility for the Water Cooler once we have repossessed it from you.
6.3 You shall give immediate written notice to us in the event of any loss, accident or damage to the Water Cooler arising out of or in connection with your possession or use of the Water Cooler.
7. SUBSCRIBER’S RESPONSIBILITIES
7.1 You acknowledge that we shall not be responsible for any loss of or damage to the Water Cooler arising out of or in connection with any misuse or mishandling of the Water Cooler caused by you.
7.2 You shall during the term of this Agreement:
7.2.1 ensure that the Water Cooler is kept and operated in a suitable environment, used only for the purposes for which it is designed, and operated in accordance with any operating instructions;
7.2.2 take such steps (including compliance with all safety and usage instructions provided by us to you) as may be necessary to ensure, so far as is reasonably practicable, that the Water Cooler is at all times safe and without risk to health when it is being set, used, cleaned or maintained;
7.2.3 make no alteration to the Water Cooler and shall not remove any existing component(s) from the Water Cooler; and
7.2.4 keep us fully informed of all material matters relating to the Water Cooler.
8.1 You have the right to cancel this Agreement within 7 days after the Water Cooler has been delivered. This is known as the “cooling-off” period.
8.2 In order to cancel the Agreement you must notify us in writing at the address or email address specified on the Quotation and/or receipt.
8.3 You shall not have the right to cancel this Agreement in accordance with clause 8.1 above as a result of any defect in the Water Cooler arising from wear and tear, willful damage, accident, negligence by you or any third party, use of the Water Cooler otherwise than as recommended by us, failure to follow our instructions, or any alteration or repair carried out without our approval.
9.1 We warrant that the Water Cooler shall be of satisfactory quality, fit for the purposes for which it is designed and will be delivered in accordance with the description that we provided to you.
10.1 Without prejudice to clause 10.2, our maximum aggregate liability for breach of this Agreement (including any liability for the acts or omissions of its employees, agents and subcontractors), whether arising in contract, tort (including negligence), misrepresentation or otherwise, shall in no circumstances exceed the Hire Payments that have been paid in full and cleared funds for the Water Cooler by you to us.
10.2 Nothing in this Agreement shall exclude or in any way limit:
10.2.1 Our liability for death or personal injury caused by its own negligence;
10.2.2 Our liability for fraud or fraudulent misrepresentation; or
10.2.3 Our liability for any breach of the terms or any other liability which cannot be excluded by law.
10.3 This Agreement sets forth the full extent of our obligations and liabilities in respect of the Water Cooler and its hiring to you. In particular, there are no conditions, warranties or other terms, express or implied, including as to title, quality, fitness for a particular purpose or any other kind whatsoever, that are binding on us except as specifically stated in this Agreement. Any condition, warranty or other term concerning the Water Cooler which might otherwise be implied into or incorporated within this Agreement, whether by statute, common law or otherwise, is expressly excluded.
11.1 Without affecting any other right or remedy available to it, we may terminate this Agreement with immediate effect by giving notice to you if:
11.1.1 you fail to pay any amount due under this Agreement on the due date for payment and remains in default not less than 10 days;
11.1.2 you commit a material breach of any other term of this Agreement; or
11.1.3 you repeatedly breach any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement.
11.2 You shall be entitled to terminate this Agreement by giving 30 days written notice to the address or email address specified on the Quotation (such notice to begin on the next Rental Payment date after the notice has been received by us which shall be the last Rental Payment due under this Agreement).
12. CONSEQUENCES OF TERMINATION
12.1 Upon termination of this Agreement, however caused:
12.1.1 Our consent to your possession of the Water Cooler shall terminate and you hereby consent to MECO, by its authorized representatives, entering the address specified on the Quotation on reasonable notice and arrangement (and in any event within 30 days of notice of termination) during normal working hours (9.00am to 5.00pm, Monday to Friday) for the purposes of retaking possession of the Water Cooler; and
12.1.2 You shall pay us all Hire Payments and other sums due but unpaid at the date of termination together.
12.2 Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
13. ASSIGNMENT AND OTHER DEALINGS
13.1 This Agreement is personal to you and you shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights and obligations under this Agreement.
13.2 We may, on written notice to you, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.
14. ENTIRE AGREEMENT
14.1 This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
15.1 No variation of this Agreement shall be effective unless it is in writing and signed by you and us.
16. THIRD PARTY RIGHTS
16.1 No one other than a party to this Agreement shall have any right to enforce any of its terms.
17. DATA PROTECTION
17.1 Unless otherwise agreed in writing, we will only use your personal data for the purpose of fulfilling your order. We may notify you of products and offers that we consider may be of interest to you from time to time, but you may opt out of such communications at any time by notice in writing to us at the address or email address specified on the Quotation.
18. RIGHTS AND REMEDIES
18.1 Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
19. GOVERNING LAW AND JURISDICTION
19.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Pakistan.
19.2 Each party irrevocably agrees that the courts of Pakistan shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
20. DEVALUATION OF CURRENCY
For the sake of adjusting prices against PKR devaluation, we are calculating the price based on today’s USD rate. If the PKR does not devalue against the USD by more than 10%, we will charge the same. However, if the PKR devalues beyond 10% against the USD, the payment schedule will be as below in PKR:
We do not ask you to provide security for the Equipment. We do not ask you to guarantee your obligations under this agreement. You may have to pay us compensation if you damage the Equipment in any way while it is installed at your property. You must let us know immediately if there are any problems with any part of the Equipment.
Use of your information
From time to time, and when you provide us with additional personal information or add additional products, we may also provide you with additional service specific information about the use of your personal data which should be read alongside this notice.
These Terms and Conditions form an agreement (“Agreement”) between MECO a company registered in Pakistan and having its registered address at S 3, G Allana Road, SITE, Karachi ( “we”, “us”, “our”) and the customer whose particulars are set out during checkout (“Customer”, “you”, “your”).
Missing payments could have severe consequences and may make obtaining credit more difficult. If you do not make any payment to us by the due date we may charge a penalty to you of Rs 2,000 per month on the overdue amount.
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