Terms and Conditions

1. Bottle Deposits and Return Policy

1.1 Mandatory Refundable Bottle Deposits: A refundable deposit is mandatory for each water bottle provided. Phresh Waters will never waive this deposit requirement under any circumstances. The deposit amount will be applied if the exact number of bottles on file are not returned in good condition. Deposits will be refunded or credited back to the account holder’s account upon return of the bottles in satisfactory condition.
1.2 Bottle Returns: All bottles must be returned in good, reusable condition, free from damage. Phresh Waters reserves the right to determine the condition of returned bottles. Bottle deposits may not be refunded if bottles are returned in a condition deemed unsatisfactory.
1.3 Company-Specific Bottles: Phresh Waters only accepts the return of bottles originally provided by Phresh Waters. Bottles from other providers, companies, or brands will not be accepted as an exchange, regardless of whether they are of the same style or type. Attempted returns of non-Phresh Waters bottles will not be credited or accepted under any circumstances.

2. Invoices and Payment Terms

2.1 Billing and Invoices: Invoices for all products and services will be sent electronically to the email address on file for each billing period, which is set to recur every 28 days. It is the customer’s responsibility to ensure that the contact information on file is up-to-date.
2.2 Payment Due Date: Payment is due no later than the due date indicated on the invoice. Failure to pay by the due date may result in the suspension of services and/or the assessment of late fees as permitted by law.
2.3 Late Fees: A late fee of up to the maximum amount permitted by applicable law may be applied to any overdue balances.
2.4 Disputed Charges: Any disputed charges must be brought to Phresh Waters’ attention within 30 days of the invoice date. Disputes submitted after this period may not be considered.
2.5 Payment Methods: Phresh Waters accepts payments via debit/credit cards only. Cash payments are not accepted. However, business accounts may request exceptions for payment method arrangements to include ACH or checks, subject to approval by Phresh Waters.
2.6 No Credit Policy: Phresh Waters does not extend credit under any circumstances. All invoices must be paid in full by the due date. No IOUs or deferred payment arrangements are permitted.
2.7 Prepayment Requirement for Initial Orders: All initial orders for new accounts must be prepaid prior to delivery. No delivery will be made until full payment has been received and processed.
2.8 Prepayment Requirement for Past Due Accounts: If an account is not in good standing or is past due, Phresh Waters reserves the right to require prepayment of the invoice prior to delivery.
2.9 Account Suspension and Skipped Deliveries: Phresh Waters reserves the right to suspend service or skip deliveries for accounts that are past due. If a customer’s account is past due and subsequently brought current through payment, Phresh Waters will not dispatch a driver immediately. The customer will need to wait until the next scheduled delivery in their area or until delivery is otherwise available. It is the customer’s responsibility to contact Phresh Waters to confirm their delivery once the outstanding balance is paid.

3. Automatic Payments (Autopay)

3.1 Authorization: By enrolling in Autopay, you authorize Phresh Waters to charge your credit or debit card automatically for the amounts and by the due dates reflected on the invoices provided.
3.2 Cancellation of Autopay: You may cancel Autopay at any time through your online account or by contacting customer service at 1-800-330-0120. Cancellation requests must be submitted at least 7 days prior to the next scheduled payment to ensure processing.
3.3 Payment Changes: You may change your payment method through your online account or by contacting customer service. Any changes must be made at least 7 days prior to the next scheduled payment.

4. Equipment Usage and Responsibilities

4.1 Ownership: All equipment provided to you, including but not limited to water coolers, dispensers, and stands, remains the property of Phresh Waters. No payments made by you shall be applied towards the purchase of any equipment.
4.2 Proper Use: You agree to use and maintain the equipment in a safe and proper manner, adhering to any provided operating, cleaning, or maintenance instructions. The equipment must only be used with products provided by Phresh Waters.
4.3 Prohibited Actions: You may not remove, repair, modify, or alter any equipment without Phresh Waters’ prior written consent. Any unauthorized repairs or modifications will result in charges for replacement or repair.
4.4 Damaged or Lost Equipment: You are responsible for any loss, theft, damage, or destruction of the equipment while in your possession. You must notify Phresh Waters immediately of any such incidents. Replacement fees may apply for lost or damaged equipment.
4.5 Dispenser Replacement: In the event of a dispenser replacement, the customer is required to return the previous unit no later than the next scheduled delivery visit. Failure to return the previous unit within this timeframe will result in additional charges being applied to the customer’s account.

5. Delivery and Risk of Loss

5.1 Delivery: Phresh Waters will deliver products to the delivery address provided by the customer. The customer is responsible for ensuring that the delivery location is secure and accessible.
5.2 Customer Responsibility for Empty Bottles: It is the customer’s responsibility to leave the empty bottles outside their designated area for pick-up or provide specific delivery instructions in advance. As drivers may vary, it is not guaranteed that the same driver will service the account on every visit.
5.3 Risk of Loss: All risk of loss or damage to the products shall pass to the customer upon delivery. Phresh Waters will not be liable for any water damage or other damage resulting from the handling, storage, or use of the products after delivery.
5.4 Inspection Responsibility: It is the customer’s responsibility to inspect all products upon delivery. Phresh Waters shall not be held liable for any damage to property, personal injury, or other claims resulting from defects or damage to the products that occur after delivery, including but not limited to water damage caused by bottles that are damaged or leaking. Customers are advised to inspect bottles for any visible defects prior to bringing them inside their premises.
5.5 Minimum Delivery Requirement: A minimum of two containers per delivery is required. If a customer leaves only one empty bottle for return, the driver is authorized to drop off a minimum of two bottles. Exceptions may only be made by Phresh Waters under special circumstances.
5.6 Expedited Delivery: Customers requesting delivery outside of their regular delivery schedule will be subject to additional expedited delivery fees. These fees are applicable due to Phresh Waters accommodating deliveries beyond the standard service schedule, which may require rerouting drivers or deviating from established routes.

6. Service Frequencies and Coverage Areas

6.1 Service Frequencies: Phresh Waters services most areas of Los Angeles County, Orange County, and parts of San Bernardino County every 4 weeks. In many areas, service is also available every 2 weeks or 4 weeks. New service areas may be limited to a 4-week delivery frequency.
6.2 Service Requests and Account Updates: Customers must make service requests or updates to their accounts through their online account or by contacting an office staff member. Drivers are not authorized to make any updates to customer accounts.

7. Service Cancellation by Customer

7.1 Cancellation Policy: You may cancel the service at any time by calling 1-800-330-0120. There are no termination fees; however, you are responsible for all products and services ordered and received, as well as any applicable fees and charges, up to the effective cancellation date.
7.2 Return of Equipment and Bottles: Upon cancellation, you agree to return all bottles and equipment in good condition to Phresh Waters as instructed. Failure to return items will result in charges equivalent to the cost of the unreturned equipment or forfeiture of any bottle deposits.
7.3 Final Billing: A final invoice will be generated upon cancellation, and all outstanding amounts must be paid within 30 days of receipt.

8. Service Cancellation by Phresh Waters

8.1 Phresh Waters’ Right to Terminate: Phresh Waters reserves the right to terminate any account or service at any time, for any reason, at its sole discretion, with or without notice. This includes, but is not limited to, situations where Phresh Waters believes that the customer has violated these Terms and Conditions or any applicable law.
8.2 Effect of Termination: Upon termination of service by Phresh Waters, you must promptly return all equipment and bottles in good condition. Any unreturned or damaged items will be subject to applicable fees.

9. Limitation of Liability

9.1 Limited Liability: Phresh Waters’ liability to you shall be limited to repairing or replacing defective products or equipment or re-performing the subject services.
9.2 No Liability for Damages: Phresh Waters is not liable for any incidental, consequential, or special damages, including but not limited to damage to your property, injury to persons, or loss of profit, arising out of the use, maintenance, or removal of Phresh Waters’ products or equipment.
9.3 No Liability for Water Damage: Phresh Waters shall not be liable for any water damage resulting from the handling, storage, or use of the products after delivery. Customers are responsible for inspecting all bottles for damage, including but not limited to cracks, leaks, or other defects, prior to bringing them inside their premises. Any claims for water damage caused by defective bottles must be reported to Phresh Waters within 24 hours of delivery.
9.4 Indemnification: You agree to indemnify and hold Phresh Waters harmless from any and all claims, damage, injury, costs, liability, or expense arising from the installation, use, or removal of Phresh Waters’ products or equipment.

10. Privacy and Data Protection

10.1 Personal Information: Phresh Waters collects and uses personal information in accordance with its Privacy Policy. By using our services, you consent to such collection and use.
10.2 Data Security: Phresh Waters implements reasonable security measures to protect your personal information. However, we cannot guarantee complete security and are not responsible for unauthorized access to your personal information.

11. Changes to Terms and Conditions

Phresh Waters reserves the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Continued use of the service after such changes shall constitute your acceptance of the new Terms and Conditions.

12. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.