This order includes information required by state and federal law
By signing the front of this Customer Order (Order), you agree to be bound by the following terms and conditions. This Order is the entire contract between you and Culligan Dealer ("Dealer"). No promise, statement or representation by any Dealer's agents or employees will be binding upon Dealer unless it appears in this Order. Also, no promise, statement or representation by any of Dealer's agents or employees will relieve you of any obligations you undertake with this Order.
You agree to promptly pay all amounts due under this Order. If you fail to do so, you agree to pay all costs of collection proceedings including the costs for reasonable attorney's fees.
A. SERVICE CHARGE at the ANNUAL PERCENTAGE RATE OF 21% (1.75% per month) or the highest rate permitted by law, whichever rate is lower, will be imposed on all amounts that are past due when they are outstanding for at least 30 days. There is a minimum service charge of $0.50. Finance charges are imposed on a past due amount on the first of every month. If your account is past due for more than 30 days on the first of the month, a finance charge will be imposed on that amount. You will avoid finance charges by paying in full before the first of each month. Dealer will apply your payments first to pay any finance charges, and second to pay the principal amount. Your finance charges are based on your last principal balance not including prior finance charges.
By signing this Order, you authorize Dealer to: (a) enter the premises to install and service the equipment, (b) do work on, or make changes to, your premises, if installation or service of equipment is part of this Order. Your authorization permits Dealer to enter whenever Dealer considers it necessary or convenient to accomplish the purpose of this Order. If Dealer is required to make additional trips to the equipment installation site because the equipment is inaccessible, then Dealer, at its option, may impose its prevailing special trip fee. If this Order authorizes Dealer to furnish you with an equipment service, by signing this Order, you authorize Dealer to enter the premises when this Order is terminated and remove the equipment. Dealer will make reasonable efforts to arrange a mutually convenient time to enter the premises and remove the equipment.
The installation of equipment does not include any repairs to your plumbing system. Replacement of gate valves or draining down of pressure tanks, for example, is not included in this Order. Anything that would be considered a repair to your plumbing will be billed as an extra expense at regular and customary rates. Dealer reserves the right to decline to make repairs and to refer you to a licensed plumber.
It is important that this equipment be maintained according to manufacturer instructions, including replacement of filters and other components, and regular sanitary maintenance of bottled water coolers. If your water quality, water consumption, water pressure or flow rate change, or if maintenance of the equipment is affected by external factors such as sand or sediment or an inadequate water supply, different or additional equipment may be required. At your request, Dealer will furnish the required equipment at Dealer's customary charges then in effect.
Dealer warrants that the equipment provided to you under this Order is Culligan equipment. For the equipment and any other materials that are provided under this Order, Dealer warrants such equipment and materials against defects in material and workmanship for the period specified in the manufacturer's limited warranty, or as otherwise specified in this Order. Dealer's obligation under this warranty is limited to repair or replacement (at Dealer's option) of equipment or other materials provided by Dealer that Dealer reasonably determines are defective in material or workmanship, as long as you notify Dealer within a reasonable period of alleged defect.
This warranty will apply only if the Culligan equipment or other materials furnished under this Order are: (a) used in a manner that strictly conforms to the written operating instructions by Dealer; and (b) with supplies, system elements or components that are technically satisfactory for use with Culligan products. This warranty will not apply if the equipment or materials have been modified, repaired or tampered with by anyone who is not authorized by Dealer. In addition, this warranty will not apply if the equipment or materials have been subject to negligence or misuse committed by anyone other than Dealer's employees or accident.
If you have purchased equipment with this Order and you have requested Dealer to do so, Dealer has made available for your inspection a copy of the applicable warranty prior to purchase. Dealer will provide you with the warranty when the equipment is installed. To the extent specifically stated in the manufacturer's warranty or on the front of this Order, Dealer warrants any labor provided under this warranty for the period stated.
TO THE EXTENT PERMITTED BY LAW, DEALER AND DEALER'S FRANCHISOR DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE; TO THE EXTENT IMPLIED WARRANTIES CANNOT BE DISCLAIMED PURSUANT TO APPLICABLE LAW, ANY SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIODS AND FOR THE PARTS SPECIFIED IN THE MANUFACTURER'S LIMITED WARRANTY AND THIS ORDER. Your sole remedy against Dealer, Culligan International Company and its related companies for products, services and work furnished under this Order is under warranty stated above. This limitation applies to remedies arising out of this Order or otherwise in connection with the equipment, other materials or services provided by Dealer. In no event shall Dealer, Culligan International Company or its related companies be liable to you for damages of any nature, including but not limited to direct, incidental, consequential, special, general or otherwise (including but not limited to property damage), except as specifically stated in this Order. ANY ACTION RESULTING FROM THE DELIVERY TO YOU OF GOODS OR SERVICES UNDER THIS ORDER MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. YOU ASSUME ALL LIABILITY FOR INJURY OR DAMAGE TO OR ARISING OUT OF POSSESSION, USE OR CONTROL OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE. YOU AGREE TO OBTAIN INSURANCE TO COVER ANY SUCH LIABILITIES. Some states do not allow limitations on implied warranties, so the above limitation may not apply to you. Similarly, some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
EXCEPT AS PROVIDED IN THE NOTICE OF CANCELLATION on the front of this Order, if you cancel this Order, you agree to pay any time and materials charges incurred by Dealer. IN ADDITION, THE FOLLOWING TERMS AND CONDITIONS APPLY, BUT ONLY IF THIS ORDER REQUIRES DEALER TO FURNISH YOU WITH EQUIPMENT SERVICE:
A. Security Deposit. If the front of this Order indicates you have paid a security deposit, you will not use it to apply to any payments due now or in the future. The deposit will be held by Dealer as security for your compliance with the terms of this Order and will not accrue interest. The security deposit will be returned to you within 30 days of termination of this Order as long as you have fully complied with the terms of this Order.
B. Maintenance Responsibilities. You are responsible for the following maintenance of the equipment: repair or damage due to your misuse or negligence, humidity, condensation, freezing, fire or other catastrophe, loss or damage due to theft or causes beyond Dealer's control and maintenance of an adequate supply of salt and/or chemical. You are not responsible for reasonable wear and use. If the equipment requires maintenance or repair for which you are responsible, you agree to pay for its replacement or repair by Dealer, at Dealer's prevailing rates. Dealer is responsible for repairing damage to the equipment from ordinary use if the equipment is not functional without such repairs, but only if you notify Dealer immediately upon discovering such damage.
C. Excluded Service. The service charge does not include setting time clocks or emptying salt into the salt barrel/brine tank. If you use salt that is not purchased from Dealer in this equipment and a service call is required because the salt is not technically satisfactory for use with this equipment, you agree to pay the costs of the service call. Services or maintenance on or to the equipment provided under this order will be provided by Dealer without charge only during normal business hours. Service that is requested and performed outside of normal business hours will, if Dealer chooses, be billed to you at prevailing service rates.
D. Title to Equipment. Dealer will always own the equipment provided to you and it shall not be considered part of the real estate. You will take all reasonable steps to assure the equipment is not considered part of the real estate.
E. Term. The equipment services provided to you as part of this Order are for the term stated on the front of this Order. If no term is stated there, the equipment services shall continue on a month-to-month basis. Dealer may change the rental or service rate by giving you at least one month's notice before the new rates apply. If you do not wish to continue with this Order under the new rate, you may cancel this Order if you give 10 days' prior written notice to Dealer at the address given on the front of this Order.
F. Termination and Default. (a) You may terminate this Order upon payment of all unpaid payments, any applicable cancellation charge and return of the equipment. If you move, your final periodic payment will be pro-rated to the date of your move. You must tell all realtors and any prospective purchaser or tenant that Dealer owns the equipment. (b) If the front of this Order states that it is for a specified term and you terminate this Order prior to the end of that term, then Dealer, at its option, may assess a cancellation charge. (c) Dealer may terminate this Order without cause any time after giving you 30 days prior written notice. (d) If you fail to make the equipment available to Dealer for removal from the premises upon termination of this Order, you agree to pay the dealer its value (fair market value including ordinary wear and use).
G. General Terms. You may not assign this Order unless dealer provides its written consent. Dealer may assign this Order at any time without notice to you. All notices, requests, demands and other communications under this Order shall be in writing. This order will be deemed made in and governed by the laws of the state of Illinois, without application of its principles regarding conflicts of law. Dealer shall not be responsible for its failure to perform its obligations under this Order caused in whole or in part by events beyond its reasonable control. Section 6 shall survive the expiration or termination of this Order.