Water Delivery Terms of Service

‘Ohana Bottled Water LLC hereafter called Lessor and Customer is hereafter called Lessee. Once Lessee has entered into a service agreement with Lessor, the following terms apply:

1. GE Tax

Lessee agrees to pay Hawaii General Excise Tax of a rate of 4.712% or the current rate if it changes.

2. EARLY CANCELLATION / NORMAL CANCELLATION

Lessee agrees to pay a $30.00 per month or $120.00 (whichever is greater) for early cancellation of this agreement.

Lessee must notify Lessor of normal cancellation at least 30 days prior to expiration date. All cancellations will be completed on the next scheduled delivery date. Lessee agrees to return all equipment to Lessor.

3. RENEWAL

Lessor to notify Lessee, 30 days prior to contract renewal to confirm monthly service account type.

In order to avoid delay of service, Lessee agrees to notify Lessor of any changes to existing account,

15 days prior to the next delivery. New service contract to be in effect at new contract renewal date.

4. BOTTLE DEPOSIT

A deposit of $10.00 per bottle will be held on account until termination of service. Bottle must be returned in the condition it was received and at the discretion of Ohana Bottled Water.

5. MINIMUM PURCHASE

Lessor reserves the right to charge 1 bottle per month if NO water is purchased.

6. MINIMUM NUMBER OF BOTTLES

Lessee agrees to ordering the minimum amount of water of 3 bottles for 5-gallon sizes and 4 bottles

for 3-gallon sizes.

7. DAMAGE WAIVER TO CUSTOMER PROPERTY

Lessor will not be responsible for any damages caused to customer property that may be due to water bottle(s), as it is the Lessee's responsibility to maintain equipment while in their possession.

8. EQUIPMENT CARE - Bottles

Lessee agrees to not flow any liquid other than Lessor's purified water through Lessor's water bottle(s).

In the case of leaking equipment not caused by Lessee, Lessee will notify Lessor and separate the equipment and tag it with a note for Delivery Personnel. Please do not permanently mark equipment.

9. EQUIPMENT CARE - Water Dispensers

Lessee agrees to clean & maintain water coolers while in their possession. Lessee agrees to not flow any liquid other than Lessor's purified water through Lessor's water cooler. Lessor not responsible to property damage due to cooler not being placed on a level & solid surface (no carpet). Lessor to perform annual cleaning of water dispensers and will provide lessee with loaner water dispenser during that period. Lessee agrees to pay $50 per cleaning fee. Lessor will not be liable for burns caused by dispensing of hot water.

10. SPECIAL DELIVERY

Lessee agrees to pay Lessor a $15.00 missed delivery fee if Lessor is asked to circle back and make a delivery within a 10 mile radius of Lessee's delivery area.

All other customers will need to pick up bottled water from Lessor's shop or by Manager's discretion.

Special Functions requested by Lessee will be $50.00 per delivery and pick up.

11. RESIDENTIAL ACCOUNTS ONLY

Due to liability, delivery personnel are not permitted to step into Lessor's dwelling. Empty bottles must be left out or brought to the door for exchange.

12. ADDITIONAL TERMS OF SERVICE

a) Lessee agrees to pay full purchase price of $20 per water bottle due to damage, stolen or loss.

b) Lessor reserves the right to charge a $10.00 late fee in the event the Lessee does not pay by the due date. Late fees will be applied to the next billing.

c) Lessor reserves the right to charge a $25.00 service fee per returned check.

d) All accounts are net 30 days.

e) Lessee agrees to notify Lessor of any delivery address change.