Terms & Condition

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

Monso Water Terms and Conditions

The terms and conditions below are incorporated into the Hire Agreement between you and us.

Meaning and interpretation of terms used in this Agreement

Agreement

The [Hire Agreement] and these Terms and Conditions under which you have hired Equipment from us.

Address

The address of the Customer/Hirer as shown on Page 1 of the Hire Agreement

Business Day

Monday to Friday, other than bank holidays.

Commencement Date

[Date] or the date on which the Hire Agreement commences.

Consumer Credit Act

The Consumer Credit Act 1974

Delivery Date

The date on which the Equipment is received by you or your agent at your Address.

Equipment

The items of equipment listed in [the Hire Agreement], all substitutions, replacements or renewals of such equipment and all related accessories, manuals and instructions provided for it

WaterCare+

The warranty, repair, service, filter change and general cover agreement that we are responsible for free of charge. The following does NOT cover by WaterCare+:
  • (i) Any cracked part on the Equipment;
  • (ii) Any cosmetical damage;
  • (iii) Accidental Damage;
  • (iv) Theft or loss;
  • (v) Issues caused because of a repair action carried by a third party company or yourself;
  • (vi) Any items added after the product was originally delivered to you;
  • (vii) Issues caused by use of any parts, material or filters in the product except original;
  • (viii) Willful damage;

Fair Wear & Tear

The ordinary and natural meaning, which means the natural deterioration of the Equipment because of normal usage, for example, minor scuffs or marks. The following does NOT count as Fair Wear and Tear:
  • (i) Any cracked part of the Equipment;
  • (ii) Any significant dents or scratches, other than small scratches;
  • (iii) Rust;
  • (iv) Any damage that means that the Equipment will not turn on or function correctly.

Hire Agreement

The regulated agreement between You and Us under which you have hired the Equipment.

Hire Charge

The monthly subscription amount, set out on Page 1 of the Hire Agreement and payable to us for use of the Equipment.

Hire Period

The period of hire, which begins from the Commencement date and will continue for the Minimum Period unless the Agreement is terminated earlier in accordance with its terms.

Minimum Period

The minimum period of hire set out on Page 1 of the Hire Agreement, which begins from the Commencement Date.

Notice of Default

The information set out in Page 1 of the Hire Agreement, which sets out the sums payable under this Agreement and the dates on which those payments fall due.

We, Our, Us, Owner

Monso Limited trading as Monso Water.
Registered in England and Wales under company number 11301848.Our registered address is Unit 1, Palm Tree Court, 4 Factory Lane, Tottenham, N17 9FL.

You, Your

Our customer (also referred to as “the hirer”) named on page 1 of the Agreement.

Equipment Hire

  • 2.1 – We shall hire the Equipment to You, for use at Your Address subject to the terms of this Agreement.
  • 2.2 – We will not, other than in exercise of Our rights under this Agreement or applicable law, interfere with Your quiet possession of the Equipment.

Hire Period

  • 3.1 – The Hire Period starts on the Commencement Date and shall continue for the Minimum Period unless the Agreement is terminated earlier in accordance with its terms.
  • 3.2 – After the expiry of the Minimum Period, the agreement will be terminated under Section 12 unless you decide to hire for another Hire Period which will require a new Hire Agreement with a new Minimum Period between us and you.
  • 3.3 – At least 20 days before the end of the Minimum Period, We shall email or call You to tell You that the Minimum Period is coming to an end.

Hire Charge, Deposit, and other Charges

  • 4.1 – The Hire Charge is payable to Us monthly for the use of the Equipment.
  • 4.2 – You will pay the Hire Charge to Us in accordance with the Payment Schedule set out on page 1 of the Hire Agreement. The Hire Charge shall be paid in GBP and shall be made by direct debit unless We agree otherwise. We may, at Our discretion, allow You to pay by Debit Card, Credit Card, and other electronic payment methods.
  • 4.3 – All Hire Charges and other payments under the Hire Agreement (unless otherwise stated) are inclusive of value-added tax (VAT), where applicable.
  • 4.4 –You may request to vary the date of the month on which the Hire Charge falls due. To make such a request, please email Us at customerservices@monsowater.com. Further details of the Monso Water change of payment date process can be found on Our website.
  • 4.5 – All amounts due under this Agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  • 4.6 – We may ask You to provide credit or debit card details. In providing these, You authorise Us to charge Your card with any amount due under this Agreement, if an attempt to obtain them by direct debit fails. We will notify you by email if a payment has failed before We reattempt payment.
  • 4.7 – We may apply a late payment fee of £15 every time that a payment is not paid or made under this Agreement by its due date.
  • 4.8 – The Hire Charge remains due and payable in the case of temporary unavailability of the Equipment (for example, where it is being repaired or where it is lost or stolen).
  • 4.9 – If You fail to maintain Your payments as set out in the Payment Schedule, You will be in breach of the terms of this Agreement, and We may take steps to terminate it, in accordance with Section 12.
  • 4.10 – You agree to pay Us:
  • 4.10.1 – all reasonable costs and expenses incurred by Us (both before and after judgment) as a result of Your breaching this agreement and/or in Our enforcing any term of this agreement.
  • 4.10.2 – all reasonable costs and expenses incurred by Us for any administrative work carried out by Us at Your request in connection with this agreement.

Cooling off period / Cancellation Period

  • 5.1 – You can cancel this Agreement if You wish to do so within thirty (30) days of the Delivery Date. You must let us know that You want to cancel the Agreement by writing to Us: using the Live Chat facilities of Our website
  • 5.2 – If you exercise Your right to cancel the Agreement during this period, You should not use the Equipment and should keep it safe. We may make a deduction from any refund of money if the value of the Equipment has been reduced because You handled the Equipment more than was necessary.
  • 5.3 – Once Your cancellation has been processed and accepted, We will return any money that You have paid to Us under the Agreement, once We have received the Equipment.
  • 5.4 – You must continue to take reasonable care of the Equipment until it has been returned to or recovered by Us.
  • 5.5 – We will provide You with a collection date for Equipment to be collected from the Address so that You can provide the Equipment to Us.

Delivery

  • 6.1 – Delivery of the Equipment shall be made by Us or a company we appoint to deliver on our behalf. We will do Our best to deliver the Equipment on the day specified in Your scheduled call which will take place after Your order confirmation.
  • 6.2 – If there is a delay in the delivery of the Equipment due to an event outside Our control, We will contact You as soon as We can and let You know how We plan to minimise the effect of the delay. Doing this will mean We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact Us to end the Agreement.
  • 6.3 – You must make sure that either You or someone on Your behalf is available at the Address to take delivery of the Equipment, wait for the installation team to install your Equipment at the desired place and, if required, to sign for it
  • 6.4 – You agree that We are entitled to deliver the Equipment to any person over the age of 18 present at the Address. Such delivery counts as delivery to You.
  • 6.5 – If there is nobody available to deliver the Equipment to when it is attempted to be delivered, You must contact Us and arrange a further delivery. In compliance with the timescales above, the first attempted delivery shall be treated as Us having complied with those timescales. However, the Equipment will not be deemed delivered until received by You or somebody at the address on Your
  • 6.6 – If We reasonably believe that any of the matters set out in Section 12 have occurred or are likely to occur, We may postpone the delivery of the Equipment. In such circumstances, We shall attempt to contact You to discuss Our After this discussion, or if We cannot contact You, We shall either terminate the Hire Agreement under Section 12 or deliver the Equipment to You. If We decide to terminate the Hire Agreement, We will not deliver the Equipment to You.

Title & Risk

  • 7.1 – The Equipment shall at all times belong to Us and You will have no right, title or interest in the Equipment.
  • 7.2 – You have no right to purchase the Equipment from Us.
  • 7.3 – The risk of loss, theft or damage shall pass to You on delivery. The equipment shall remain at Your sole risk during the Hire Period and any time during which the Equipment is in Your possession, custody, or control, until the equipment is delivered to Us.
  • 7.4 – You are responsible for the Equipment once it is delivered to You. Section 9 sets out Your obligations to take care of the Equipment and Section 13 sets out your obligation to pay for damage on the return of the Equipment. You have an obligation to continue to make payments even if the Equipment is unavailable.

Your Responsibilities (Care and maintenance of the Equipment)

  • 8.1 – During the Hire Period, You must:
  • 8.1.2 – Not sell, hire, pawn, trade-in or otherwise dispose of any of the Equipment or allow any of it to become subject to anybody else’s rights (for example, by providing it as security for any of Your debts);
  • 8.1.3 – Tell Us immediately if any of the Equipment is lost, stolen or damaged.
  • 8.1.4 – Keep all the Equipment in good repair and condition, Fair Wear and Tear excepted.
  • 8.1.5 – Use the Equipment in accordance with any instructions supplied with the Equipment, or as otherwise available from the Equipment manufacturer.
  • 8.1.6 – Only use the Equipment in a manner that would be expected of a reasonable person using such equipment.
  • 8.1.7- Not use any of the Equipment for any unlawful purpose.
  • 8.1.8 – Not modify the Equipment or change its operating software or hardware
  • 8.1.9 – Permit Us to inspect the Equipment, where We give you at least two days’ notice of Our intention to do so.
  • 8.1.10 – Not take any of the Equipment out of the United Kingdom without Our written approval.
  • 8.2 – If any of the Equipment is lost or stolen, this shall not be deemed to be a breach of the above, but We reserve the right to terminate the Agreement under clause 12.

Repairs

  • 9.1 – During the Hire Period and for as long as You meet your obligations under this Agreement, We will repair or replace the Equipment if We believe there is reasonable cause to do so.
  • 9.2 – If the Equipment has been used following the manufacturer’s instructions and a fault develops, We will repair or replace the Equipment with a product of equivalent specification. Such replacement Equipment will be subject to the terms and conditions of this Agreement.
  • 9.3 – Our repairs and replacement only apply to Equipment We have supplied under this Agreement and does not cover additional accessories or enhancements made by You.
  • 9.4 – Nothing in this clause shall require Us to repair any defect in the Equipment caused by misuse, neglect or deliberate damage, interference by a third party or due to any breach of these terms.
  • 9.5 – Unless We have given You permission in writing, You may not make any alterations or additions to the Goods. Any alterations or additions made without Our permission will become Our property.
  • 9.6 – If a fault occurs that is not because of a manufacturing fault or Fair Wear & Tear, an additional repair charge will be made and is payable by You. We will assess the Equipment and if a repair charge is due, We will inform You of the excess charge before progressing with the repair.
  • 9.7 – Excess charge rates are published and updated from time to time at monsowater.com/repair-charges.
  • 9.8 – Equipment must be returned to Us for repair via Our free courier service. The procedure for returning Equipment for repair can be viewed at monsowater.com/repair-process.

WaterCare+

  • 9.9 – During the Hire Period and for as long as You meet your obligations under this Agreement, Equipment will be covered by WaterCare+.
  • 9.10 – We will contact you at a regular interval to schedule an appointment to visit the address where your Equipment is installed to perform a service and maintenance. If you live inside the M25 zone of Greater London, you will be visited every 6 months. All other service areas will be visited every 12 months. During this visit We will:
  • 9.10.1 – Replace the filters which are not in good condition anymore
  • 9.10.2 – Sanitize your Equipment to keep it in good working order and condition.
  • 9.10.3 – Do the necessary check-ups and make notes to make sure the Equipment works in good condition and performs necessary actions.
  • 9.11 – We will replace any Equipment that we can't maintain, service or repair.
  • 9.12 – Under the WaterCare+ agreement, You have the right to contact us if You think the Equipment is not working in good order. We will guide you to fix the problem if we can, if not, we will schedule a visit for the earliest suitable time.
  • 9.13 – WaterCare+ agreement covers re-installation of the Equipment under certain conditions:
  • 9.13.1 – If you move out of the Address where the Equipment is installed permanently. This can be only done by submitting proof of address for Your new Address.
  • 9.13.2 – If you re-decorate the area where the Equipment is installed. This can be only done if Our engineering team decides that construction or re-decoration cannot be done without moving the Equipment.
  • 9.14 – During the Hire Period, the Equipment is under warranty under clauses 9.1 , 9.2 , 9.3 , 9.4 , 9.5 , 9.6 , 9.7 and 9.8 .
  • 9.15 – WaterCare+ agreement provides you with a 30-day satisfaction guarantee under clause 5.1 .
  • 9.16 – We may terminate the WaterCare+ agreement anytime if you breach the Hire Agreement clauses 8.1 and 8.2 .

Restrictions on the use of Equipment

  • 10.1 – We may ask such parties to restrict the use of such Equipment:
  • 10.1.1 – If You do not meet Your obligations under this Agreement, for example, You miss Your payments (subject to any notice or document or following any other procedure that We are required to do by law (if any), for example, under the Consumer Credit Act); or
  • 10.1.2 – If you tell Us that the Equipment has been lost or stolen, in which case, as a result of this, You agree to us restricting the use of the Equipment immediately.
  • 10.2 – Where any of the Equipment is restricted per the above provisions, We may remove that restriction where We reasonably believe it is prudent to do For example, if We have restricted the Equipment because You have lost it, but You subsequently find it, We could lift the restriction if you contact Us. Similarly, where We have restricted the Equipment because You have failed to make Your payments as they fall due and You subsequently make those payments, We may agree to lift the restriction.

Termination of the Agreement

  • 11.1 – On the Minimum Hire Period, the Agreement will be terminated. The Agreement must have been allowed to run for at least the Minimum Hire Period before it can be terminated this way. If you wish to continue hiring the Equipment, there will be a new Hire Agreement signed between You and Us.
  • 11.2 – At any time, if You do not comply with the terms of this Agreement, We may terminate the Agreement by providing You with a Notice of Default.
  • 11.3 – At any time, We may terminate the Agreement by writing to You (or serving any notice or document or following any other procedure that We are required to do by law (if any), for example, under the Consumer Credit Act), if any of the following occur:
  • 11.3.1 – You have breached the Hire Agreement and have failed to remedy that defect within 14 days of Us requesting that You do so (for example, by first ]sending You a Notice of Default under the Consumer Credit Act).
  • 11.3.2 – You have provided information to Us that is false or misleading in a material way.
  • 11.3.3 – You act in a way towards Us or any of Our staff or agents that We reasonably consider to be abusive or otherwise inappropriate in a serious enough manner to justify Us terminating the Hire Agreement.
  • 11.3.4 – A petition is presented for Your bankruptcy, there is an application for an interim order in respect of You, You seek to reach an arrangement with or call a meeting of Your creditors, You propose or enter into an individual voluntary arrangement, You are made bankrupt, or such other similar event occurs in relation to your personal financial circumstances.
  • 11.3.5 – You die or are deemed not to have the mental capacity to handle your affairs.
  • 11.3.6 – We have reasonable grounds to suspect fraud, attempted fraud or any other illegal activity.
  • 11.3.7 – We reasonably believe that any of the matters set out above have occurred or are likely to occur.
  • 11.4 – You may terminate the Hire Agreement inside the Minimum Period by returning the Equipment to us and paying Us the outstanding Hire Charge owing for the remaining months of the Minimum Period.
  • 11.5 – We may terminate the Hire Agreement by giving You at least seven days’ notice if You tell us that any Equipment is lost or stolen. We may cancel such termination during that notice period if You tell us that You have located the Equipment
  • 11.6 – If either party terminates the Hire Agreement, You must pay Us any arrears of Hire Charges and any costs and charges due and unpaid at the date of termination.
  • 11.7 – If We terminate the Hire Agreement, You must pay us any Hire Charges, costs and charges that are due and unpaid at the date of the termination together with any sums payable under Section 4.10.1 and 10.2 above.

Returning the Equipment

  • 12.1 – On termination of this Agreement and/or the hiring for whatever reason:
  • 12.1.1 – You must comply with any reasonable instructions that We give You regarding the Equipment’s return (for example, to make sure that it is protected in transit).
  • 12.2 – When the Equipment is returned to us, We will inspect it for damage. Fair Wear and Tear is excepted.
  • 12.3 – If you have failed to take care of any of the Equipment under clause 9 then in respect of any damage that is not covered by Our Theft and Accidental Damage offer (for example, it is damaged by You deliberately or You don’t make a claim under the Theft and Accidental Damage offer) We shall charge you Our reasonable estimate of the resulting reduction in the value of the Equipment or the cost of repair (whichever is the lower).
  • 12.4 – When any of the Equipment is returned to Us, You must make sure that it is not locked and that We can access it.
  • 12.5 – If You fail to return any of the Equipment to Us in breach of Your obligations under this Agreement, We may charge You Our reasonable estimate of the value of the Equipment that is not returned. Non-return charges are published and updated from time to time at monsowater.com/non-return-fee.
  • 12.6 – If You do not or cannot return all the Equipment when the Hire Agreement is terminated, You must immediately pay Us Our reasonable estimate of the Equipment value You do not or cannot return.
  • 12.7 – You will find further details regarding the process for returning Equipment and instructions on the deletion of data at monsowater.com/returns.

Our Liability to You

  • 13.1 – Nothing in the Agreement limits any liability which cannot be legally limited including liability for:
  • 13.1.1 – Death or personal injury caused by negligence
  • 13.1.2 – Fraud or fraudulent misrepresentation.
  • 13.1.3 – Any matter in respect of which it would be unlawful for Us to exclude or restrict liability.
  • 13.2 – If We breach the Hire Agreement, Our liability to You for that breach shall be limited under the provisions of this Section.
  • 13.3 – For any other breach of the Hire Agreement, or for where You are not a Consumer.
  • 13.3.1 – Our liability to You for breach of the Hire Agreement shall not exceed the greater of:
  • (a) the total amount of Hire Charge that are to be paid in the Minimum Period; or
  • (b) the total amount of Hire Charge that You have made under the Hire Agreement.
  • 13.3.2 – We shall have no liability to You for any loss or damage that is not a reasonably foreseeable consequence of a breach of contract for the hire of equipment of the same nature as the Equipment, including:
  • (a) loss of profits;
  • (b) loss of sales or business;
  • (c) loss of agreements or contracts;
  • (d) loss of anticipated savings;
  • (e) loss of use or corruption of software, data or information;
  • (f) loss of or damage to goodwill; and
  • (g) indirect or consequential loss.

Variation of this Agreement

  • 14.1 – We may vary this Agreement:
  • 14.1.1 – Where such variation is beneficial to You; or
  • 14.1.2 – Where such variation is required to comply with any legal or regulatory requirement or guidance.
  • 14.2 – Where possible, We shall give you at least 28 days’ notice of any variation under clause 14.1 b) unless You and We agree on a shorter notice period. If it is not possible to give 28 days’ notice, We shall give You as much notice as We are able.
  • 14.3 – We can make a change under Section 15.1.1 immediately by giving You notice of the change.
  • 14.4 – Whilst We will only change this contract to Your detriment due to any change in the law or any regulatory guidance, if any change resulting from Section 15.1.2 is to your material prejudice, You can terminate the Hire Agreement by giving Us notice and no further fees will be payable.

Notices and communications

  • 15.1 – You agree that where We are permitted to do so by law, We may serve any notice or document on You using the email address provided by You, by post or other professional mail delivery service, or personally at the Address (or such other address as You may notify Us of).
  • 15.2 – Where We are required to give You a document under the Consumer Credit Act, and We do so by email, We shall send it to you in PDF or HTML form.
  • 15.3 – Any notice that You send to us should be in writing and posted to: Monso Limited trading as Monso Water Unit 1, Palm Tree Court, 4 Factory Lane, Tottenham, N17 9FL. or via email to customerservices@monsowater.com (or such other address as We may notify You of).
  • 15.4 – Unless any legal provision provides otherwise, any document or notice served under the Hire Agreement shall:
  • 15.4.1 – If delivered by post or professional mail delivery service, be deemed served two days after posting.
  • 15.4.2 – If delivered by hand, be deemed served on that day; and
  • 15.4.3 – If delivered by email, be deemed served the day after the day of sending.
  • 15.5 – If any document to be served on Us would be deemed to be served on a non-business day, then the document shall be deemed to be served on the next business day.

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