Article I - Subject matter of the Contract

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1.1 DOLPHIN undertakes to provide the following goods and services to the Customer under the Contract:
1.1.1. the rental and installation of water dispenser(s) (water cooling equipment),
1.1.2. ensuring the proper maintenance and operation of the water dispenser,
1.1.3. the supply of table water on the basis of its written, telephonic or electronic orders,
1.1.4. to ensure that the table water supplied complies with all standards, rules and regulations of the relevant authorities of the country.

 

Article II - Rental and operation of water dispenser(s)

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2.1 Water Dispenser(s): 

• may only be located at a location agreed in advance and designated by the Customer in the Contract, and the Customer shall inform DOLPHIN of any change in the location of the water dispenser(s),

• must be protected from unauthorised interference by a third party and must not be made available to anyany use to a third party without the written consent of DOLPHIN,
  DOLPHIN must be allowed access to the water dispensers for the purpose of installation, maintenance, sanitation and water supply,

• when returning the leased object after the expiry of the lease period or when terminating the lease relationship early, the customer is obliged to prepare the leased object(s) in the condition in which he/she took it over, taking into account the usual wear and tear,

• can only be used with bottles and water supplied by DOLPHIN.

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2.2 Škeducation

DOLPHIN will ensure the1-2 persons designated by the customer to operate the equipment.

 

2.3 Sanitation

DOLPHIN will provide a minimum of 2 sanitizations every 12 months for the duration of the dispenser lease. The first 12 months shall commence on the effective date of the Contract. The sanitation consists of a complete cleaning of the parts of the dispenser that come into contact with water (freshguard, baffle, reservoir, filter and taps) or their replacement.

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2.4 Property and return of equipment

The dispenser shall remain the property of DOLPHIN throughout the term of the lease. After the expiration of the Contract, the continued use of the dispenser shall be deemed to be unauthorized use of another's property. If the Customer does not allow the dispenser to be properly handed over after the expiry of the Contract, DOLPHIN shall be entitled to charge a contractual penalty of €5.00 (five euros) for each day of inability to access and remove the dispenser, without DOLPHIN being obliged to supply the water. In the event that the dispenser is returned as damaged after the expiry of the Contract, or if it is not returned at all, the Customer shall be obliged to pay DOLPHIN a contractual penalty equal to the price of the dispenser in EUR indicated in the current price list for each water dispenser.

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2.5 Equipment inventory

The Customer undertakes to provide information on the inventory of dispensers once per calendar year.

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Article III - Water supply conditions

 

3.1 Delivery and installation charges

DOLPHIN undertakes to supply bottled table water in bottles suitable for use in water dispensers, in quantities and at intervals according to the Contract or orders placed by the Customer. DOLPHIN shall have the right to charge the Customer a fee for delivery and installation of the dispenser in the amount indicated in the current DOLPHIN price list for each dispenser and, upon termination of the contractual relationship, a fee for uninstallation and removal of the dispenser and, at the same time, repair and cleaning of the dispenser after use in the amount indicated in the current DOLPHIN price list for each dispenser, as well as a fee for de-stoning of the dispenser. Dolphin also has the right to charge an E-Collection Fee of €7.98 for orders under €15.00 and a postage fee of €1.99 in the event of disagreement with electronic billing.

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3.2 Advance payment

DOLPHIN has the right to charge the customer a deposit of €8.30 per bottle for bottles removed. DOLPHIN undertakes to settle and return the deposits for the bottles within 14 days of the end of the contractual relationship, according to the number of bottles returned and undamaged.

 

3.3 Obligations of the Customer

The customer is obliged to dispose of the water bottles in such a way as to prevent damage, loss or contamination. When renting a dispenser, the Customer shall use only bottles and water provided by DOLPHIN. In the event that a bottle is returned as damaged, contaminated or not returned at all (loss, theft), the customer is obliged to pay DOLPHIN a contractual penalty of €17.00 per bottle.

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3.4 Water quality guarantee

The guarantee for the quality of the goods is provided in accordance with the relevant legislation of the Slovak Republic. The customer shall lose the right to claim the guarantee if he has removed the protective seal of the bottle cap and the bottle is considered to be open

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Article IV - Pricing and Payment Terms

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4.1 Rental fees

Rent for the hire of water dispensers in the number as per the Contract shall be invoiced for a period of 12 months in advance at the beginning of each accounting period i.e. on 1 January. The rental period shall commence on the date of commencement of the Contract. The amount of the rent in the first invoice shall be calculated up to the end of the accounting period, i.e. 31 December. The rent for the rental of the bottle storage shelves will be invoiced for a period of 12 months in advance for the agreed rental amount based on DOLPHIN's price list. Services, spare parts and accessories not directly mentioned in the contract will, if delivered, be invoiced according to the current price list.

 

4.2 Price and VAT

The prices are exclusive of VAT at the rate given by the law in force at the time of invoicing for the goods and services provided. .

 

4.3 Electronic invoicing

The Customer agrees to electronic invoicing and invoices will be sent to the email address specified by the Customer.

 

4.4 Price changes

DOLPHIN is entitled to change the prices of the services and performances provided, in particular due to changes in the Consumer Price Index (CPI) published by INTRASTAT or other objective facts that have a direct impact on the pricing of goods or services. This is subject to written notification by DOLPHIN of the new DOLPHIN prices, which shall enter into force after the expiry of a 2-month period beginning on the first day of the month following the receipt of the written notification of the change in DOLPHIN prices. In case of disagreement with the price change, the Customer shall have the right to terminate the Contract even before the agreed period of validity by registered letter. The Subscriber is obliged to notify the termination of the Contract within one month of receipt of the notice of the price change by DOLPHIN. The termination period shall expire before the new DOLPHIN prices take effect, provided that written notice of termination is received by DOLPHIN no later than 30 days from the date of receipt of the notice of the DOLPHIN price change. Unless the Customer terminates the Contract for the reason stated above, it is agreed in the Contract that the Customer shall be deemed to have agreed to the price change as of the date specified

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4.5 Due date of invoices

The price for the subject matter of the Contract shall be payable in accordance with the invoice delivered to the Customer's address in the form and at the due date indicated on the invoice. The invoice shall be payable within 10 days of its delivery to the Customer. The Customer shall indicate the invoice number as a variable symbol when making payment. In the event of delay in payment, from the due date until the date of payment, DOLPHIN shall be entitled to default interest at the rate of 0.05% of the amount of the unpaid obligation for each day of delay. The debtor shall be in default if it fails to fulfil its obligation in due and timely manner, until proper performance has been given or until the obligation is extinguished
otherwise.

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4.6 Late payments

The Parties agree that in the event of a default by a Party in the performance of a monetary obligation of a Party lasting more than 30 days, the party entitled to the payment may secure the recovery of its monetary claim (hereinafter for the purposes of this clause referred to as the "Creditor") through the services of a debt collection company (hereinafter for the purposes of this clause referred to as the "Company") or further assign the claim.

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4.7 Minimum off-take

The customer undertakes to take a quantity of table water of at least 20 bottles of 19 litres per year. In the event that the quantity taken is not achieved within the acceptable deviation of 10%, DOLPHIN shall have the right to charge the Customer compensation in the amount of the difference between the quantity of table water ordered and the minimum quantity of 20 bottles per dispenser per year agreed in the Contract for each year of breach of the minimum take-up obligation, regardless of the prices agreed in the Contract. This difference may be invoiced to the customer at the end of each year or in the first quarter of the following year. The minimum withdrawal quantity does not apply to filter dispensers.

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Article V - General Provisions

 

5.1 Responsibility 

Responsibility for loss or damage to water dispensers, bottles and other accessories shall be borne by the customer. Events of this nature shall not relieve the Customer of the obligation to pay the obligations arising from the Contract or incidental costs.

 

5.2 Customer liability

The Customer shall be liable for the loss or damage of water coolers, barrels or of the accessories. The events of this nature shall not release the Customer from the obligation to pay for the obligations of this Contract or any incidental costs.

 

5.3 Compensation

The Subscriber shall indemnify DOLPHIN against all claims, including claims by third parties, for damages caused by the dispenser(s) or the operation of the water dispenser(s) on the premises of third parties, or the loss of the dispenser(s). The customer is expected to include the water dispenser(s) in their public liability insurance policy covering the event of damage caused by the water dispenser(s), the operation of the water dispenser(s), or the loss of the water dispenser(s).

 

5.4 Warranty

DOLPHIN provides a full warranty for the equipment for the entire duration of the Contract. The warranty excludes the cases referred to in clause 5.1 of the Contract.

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Article VI - Special Provisions

 

6.1 Duration of the contract

The contract is fixed for a fixed period. Upon expiry of the lease period specified in the Contract, it shall be deemed to be automatically extended for a period equal to the lease period, unless one of the parties to the Contract notifies the other in writing at least two months before the expiry of the lease period that it wishes to terminate the Contract.
6.2 The Contract is not transferable to a third party.

 

6.2 Transfer of the contract

The contract is non-transferable to a third party.

 

6.3 Termination

Both parties may terminate the Contract at least 2 months before its expiry. The notice period shall be at least two months and shall end on the expiry of the lease period specified in the Contract or the extended period specified in clause 6.1, whichever is later.

 

6.4 Termination for breach of contract

In the event of a serious breach of the Contract or in the event of a repeated breach of the Contract, the Party not responsible for the serious or repeated breach may terminate the Contract with immediate effect. The Contract shall terminate upon delivery of written notice of termination to the other Party.

 

6.5 Serious breach of contract

A material breach of the Contract is:

• delay in payment of invoices by more than 30 days,

• damage to leased equipment owned by DOLPHIN,

• Inadequate protection of leased equipment on DOLPHIN property from theft and subsequent theft.

 

6.6 Repeated breach of contract

A breach of the Contract, which must be repeated in order to be considered serious, is:

• delay in payment of invoices by more than 15 days despite written notification,

• relocation of leased property without the consent of DOLPHIN,

• Failure of DOLPHIN to provide service for a period exceeding 21 days.

 

6.7 Termination by the Customer

In the event of early termination of the contractual relationship, the customer undertakes:

 

6.7.1 Payment obligations

Pay for rent, goods and services taken up to the date of proper termination of the Contract and goods and services not taken up under clause 4.7. Pay a termination payment equal to a multiple of the monthly rent for each dispenser, the multiple being the number of months remaining until the date of termination of the Contract. The Subscriber shall pay the Severance Payment within 14 days from the date of receipt of the demand for payment thereof.

 

6.7.2. Withdrawal of equipment

Allow DOLPHIN personnel to remove the equipment no later than the day following the request to allow removal under the Contract. In the event of inability to serve the notice, neither the Customer nor its personnel shall prevent the removal of the Equipment. In the event that the Customer prevents the removal of the Equipment, DOLPHIN shall be entitled to use available legal means to secure the removal of its property and, at the same time, DOLPHIN shall be entitled to proceed in accordance with clause 2.4 of the Contract.

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Article VII - Electronic discoveryleaflet

 

7.1 Accuracy and veracity of data

When registering on the website and when placing orders, the Subscriber is obliged to provide correct and truthful information. The information provided by the Subscriber when placing an order is considered correct by DOPLHIN.

 

7.2 Confirmation of receipt of order

DOLPHIN shall confirm receipt of the order to the Customer by e-mail to the Customer's e-mail address specified in the order without undue delay after receipt of the order.

 

7.3 Order reconfirmation

Depending on the nature of the order (quantity, price, etc.), DOLPHIN is always entitled to request additional order confirmation from the customer (e.g. in writing or by telephone).

 

7.4 Contractual relationship

The contractual relationship is established by the receipt of the order (acceptance), which is sent by DOPLHIN to the customer by e-mail, to the customer's e-mail address specified in the order.

 

Article VIII - Final Provisions

 

8.1 Written communication

The Parties agree that for the purposes of service of documents, the addresses listed in the commercial or trade register shall be deemed to be the addresses for service, unless otherwise agreed. Documents shall be deemed to have been delivered 5 days after they have been sent, even if they have not been received by the addressee.

8.2 Changes to the Contract

The Contract may be amended, supplemented or cancelled only by a consensual expression of the will of both parties by written amendments with a specific designation.
 

8.3 Amendments to the Contract

In the event that one or more provisions of the Contract are found to be invalid or unenforceable, the Contract as a whole shall remain in force and the part of the Contract to which the ground of invalidity or unenforceability directly relates shall be deemed to be invalid or unenforceable. The Parties undertake to replace or supplement such provision(s) with a new contractual arrangement so that the meaning and purpose of this Contract, while respecting the intent of the Parties, is preserved.
 

8.4 Validity of the contract

The Contract is drawn up in two copies with the validity of the originals, intended for each contracting party, and shall enter into force and effect on the date of signature by both contracting parties.
 

8.5 Arrangements 

Ancillary arrangements between the parties require the written consent of both parties to be valid.