Terms and Conditions

The following points were agreed upon and accepted:

Section 1.

1.1.The agreement is entered into upon signature. For rentals, the contract takes effect on the first day of the billed rental period. Sales are finalized upon receipt of payment.
1.2.Special terms and conditions supersede the general terms and conditions, nullifying and replacing them.

Section 2. Term of the Agreement

The term of the contract will be specified in the special terms and conditions. Either party may validly terminate the contract by registered letter sent to the other party no later than three months before the contract’s expiration date. Otherwise, it will be automatically renewed for the same term as specified in the special terms and conditions.
The machine is provided free of charge for testing during the trial period specified in the special terms and conditions. Only the delivered products will be billed during this trial period; no rental fees will apply. Only during this trial period may the contract be terminated without notice via email, fax, or mail. The contract will automatically take effect after this trial period unless terminated.

Art. 3. Purpose: Loan for Use

3.1.KTI Sarl (AQUA VITAL) provides the Customer, on an exclusive loan-for-use basis, with the equipment described in the special terms and conditions.

Art. 4. Purpose of the Lease

4.1.KTI Sarl (AQUA VITAL) leases the equipment described in the Special Terms and Conditions to the customer, who accepts such lease.
4.2.The rental price is described in the Special Terms and Conditions.
The annual rent, the service contract, the maintenance contract, and the comprehensive insurance contract are indexed annually and payable in advance on the first day of each contract anniversary at the lessor’s headquarters. For split billing, invoices will be subject to an administrative fee. Indexation will be calculated using the following formula:

Base rent × new index

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The base rent is specified in the special terms and conditions. The new index is that of the month preceding the anniversary of the lease. The starting index is that of the month preceding the month in which this agreement is entered into.

4.3.KTI Sarl (AQUA VITAL) provides a comprehensive warranty covering the term of the lease agreement; in the event of equipment failure, KTI Sarl (AQUA VITAL) shall have sole discretion to determine the appropriate measures to be taken and shall decide at its sole discretion either to repair the equipment or to replace it as soon as possible, excluding interventions necessitated by causes other than normal wear and tear, and in particular by:

the customer's failure to follow the recommended frequency and instructions for descaling and rinsing coffee machines;
the customer's failure to follow the instructions for cleaning the exterior of the machines;
improper use resulting in damage or accidents;
negligence or fault on the part of the client's staff;
the addition or connection of equipment from another brand;
changes to the machine's specifications;
the use of supplies other than those recommended by KTI Sarl (AQUA VITAL);
fluctuations or power outages;
water hammer in the Customer’s water line;
repairs or maintenance performed by individuals not authorized by KTI Sarl (AQUA VITAL).

The tenant shall be deemed the custodian of the equipment and shall therefore be fully liable for its loss or damage, regardless of the cause.

Section 5. Information

5.1. The equipment provided or rented remains the exclusive property of KTI Sarl (AQUA VITAL), a fact which the Customer expressly acknowledges.
5.2. It is prohibited to make any modifications to the equipment provided or rented without the written consent of KTI Sarl (AQUA VITAL).
5.3. The Customer agrees to provide KTI Sarl (AQUA VITAL) with the name and address of the owner of the building in which the equipment will be used.
5.4. The owner of the building or any party that has granted the Customer the right to establish or operate a business on the premises shall be made aware of this contract.

Section 6. Installation, Free Use, Replacement, and Return of Equipment

6.1. Installation will take place at the Customer’s address or at the address specified in the special terms and conditions.
6.2. The equipment will be installed by KTI Sarl (AQUA VITAL), and the Customer shall ensure that the premises are accessible and adequately equipped for the installation. The Customer agrees to carry out, at their own expense, all work necessary to ensure the safety of the installation or to bring it into compliance with any current or future regulations. The costs of installing the equipment shall be borne by the Customer, unless otherwise stipulated. The Customer shall be responsible for water and electricity connections provided that they cannot be made in the immediate vicinity (1.5 meters) where the equipment is to be installed.
6.4. Upon termination of the contract for any reason, the Customer agrees to return the installed equipment in good working order and in a perfectly clean and well-maintained condition, taking into account normal wear and tear. If this is not the case, KTI Sarl (AQUA VITAL) will charge a minimum of €50 for cleaning the equipment and will bill for parts and labor to restore the equipment to working order. Should the Customer fail to return the equipment immediately, they hereby authorize KTI Sarl (AQUA VITAL) to retrieve it directly. In this case, KTI Sarl (AQUA VITAL) shall be entitled to bill the customer for its intervention.
6.5. The machines provided or rented shall be used exclusively for the operation of the customer’s facility. In the event of a relocation or change of the registered office, the Customer agrees to notify KTI Sarl (AQUA VITAL) at least two months in advance. The costs of relocation and recommissioning shall be borne by the Customer at the current rate.

Section 7. Maintenance, repair, descaling, and cleaning of machines provided on a rental or lease basis

7.1. All delivered equipment shall be taken into possession by the Customer, who acknowledges receipt of the equipment in good working order, regardless of the delivery location.

7.2. The Customer agrees to keep the equipment in perfect condition. For the machines provided, maintenance and repair costs are the Customer’s responsibility unless otherwise specified.
The following are always the Customer’s responsibility:

descaling and rinsing coffee machines;
cleaning the exterior of coffee machines and water coolers;
replacing fragile parts (such as glass jars, faucets, dish racks, etc.).

7.3.1. For rental bottle fountains and full-service coffee machines, KTI Sarl (AQUA VITAL) undertakes to maintain the rented equipment on a regular basis according to usage, in order to ensure that the equipment remains in satisfactory condition for the user. Maintenance performed for this purpose is included. KTI Sarl (AQUA VITAL) schedules the frequency of maintenance.

7.3.2. For networked water fountains and leased coffee dispensers, KTI Sarl (AQUA VITAL) agrees to perform annual maintenance on the leased equipment, including filter replacement. The maintenance services provided for this purpose are included.

7.4. In the event of equipment failure, the Customer agrees to immediately notify KTI Sarl (AQUA VITAL) in writing so that the incident or accident does not adversely affect the safety and/or proper functioning of the equipment, and to immediately cease using the equipment. The Customer agrees to have the equipment repaired only by personnel designated by KTI Sarl (AQUA VITAL). For this reason, the Customer agrees to grant KTI Sarl (AQUA VITAL) access at any time and for any reason.

7.5. Any services required as a result of failure to comply with maintenance standards, improper use, negligence, or misconduct on the part of the customer’s staff or any other person with access to the customer’s premises will be billed, including, where applicable, any resulting expert assessment fees.

Section 8. Assignment and Subletting

The transfer of this contract to third parties, the subletting, or the sale of equipment is prohibited without the prior written consent of KTI Sarl (AQUA VITAL).
If this provision is not complied with, the full value of the equipment shall become immediately due and payable.

Similarly, in the event of the sale of the business, its lease, a change in management, or a change in ownership, the customer agrees to immediately notify KTI Sarl (AQUA VITAL) by certified mail and to provide the name and contact information of the new owner.

In the event of a total or partial transfer of the client’s rights to the premises where the subject matter of this agreement is to be carried out, the client agrees to include a clause maintaining the terms of this agreement in the agreement serving as the basis for such transfer.
In such an event, the client shall remain jointly and severally liable for all obligations arising from this agreement throughout its entire term.

Art. 9. Insurance

9.1. The Customer agrees to insure the equipment specified in the Special Terms and Conditions against all risks, regardless of their nature.

9.2. The installed equipment has been insured by KTI Sarl (AQUA VITAL), including coverage for damage caused to third parties by fire, explosion, flooding, and civil liability.
All such disasters or damage must be reported to the owner within 24 hours.

Section 10. Warranty

10.1. The customer represents that they are familiar with the specifications and technical capabilities of the equipment made available to them and that they have taken all necessary precautions in making their selection.
Given the specific nature of the equipment, KTI Sarl (AQUA VITAL) is expressly subject to an obligation of means and not of result.

KTI Sarl (AQUA VITAL) shall not be held liable for equipment failures or malfunctions unless caused by fraud or gross negligence on its part.
It shall not be held liable for any direct or indirect damage caused to property or persons resulting from the possession or use of the equipment and products delivered.
The customer acknowledges that it is responsible for the equipment.

Section 11. Exclusive Supply

During the term of the contract, the Customer agrees to purchase exclusively Aqua Vital bottles for water dispensers, coffee, filters, and all related products from KTI Sarl (AQUA VITAL), and to meet the minimum monthly consumption requirements set forth in the special terms and conditions.

Section 12. Delivery of Products

12.1. KTI Sarl (AQUA VITAL) and/or its authorized suppliers reserve the right to adjust the prices of their products in response to market fluctuations that occur or are scheduled under a framework agreement or mandated by law, provided such fluctuations arise after the signing of this contract and throughout its term.

12.2. KTI Sarl (AQUA VITAL) and/or its authorized suppliers also reserve the right at any time to modify their discounts, payment terms, delivery terms, and other conditions upon prior notice.

12.3. The tenant is responsible for inspecting any goods delivered to their premises. KTI Sarl (AQUA VITAL) shall not be held liable for any damage caused by such goods.

Section 13. Early Termination

13.1. KTI Sarl (AQUA VITAL) shall have the right to terminate this agreement early, automatically and without any compensation, in the event that the operation covered by this agreement fails to be profitable.
“Failure to be profitable” means failing to meet the minimum monthly threshold specified in the special terms and conditions.

The customer hereby declares that, prior to the conclusion of this agreement, they fully understood the merits of the transaction.
If the customer does not meet the minimum consumption requirement after 12 months, KTI Sarl (AQUA VITAL) will bill for retroactive rental at the full rate.

13.2. This contract may be terminated by KTI Sarl (AQUA VITAL) due to the customer’s fault in the following cases:

failure to pay in full or in part;
improper use of the equipment provided;
failure to comply with the exclusive supply agreement;
a declaration of bankruptcy or dissolution by the client.

In all of the above cases, the customer shall be required to immediately return the equipment provided or rented; in such cases, this contract expressly authorizes KTI Sarl (AQUA VITAL) to collect the equipment and to bill for its services in accordance with the provisions set forth above.

In the event of early termination, whether due to failure to meet the minimum quantities or for any other reason attributable to the customer, it is expressly agreed between the parties that the customer shall remain liable to KTI Sarl (AQUA VITAL) for compensation set as follows:

For leased equipment: a termination fee equal to 100% of the remaining lease value. The remaining lease value = the total monthly lease price (gross) specified in the special terms and conditions × the remaining months of the contract, plus a lump-sum amount of €250 as compensation for damages.
If a minimum monthly consumption requirement is specified: the compensation will be equal to six times the minimum monthly consumption specified in the special terms and conditions.

Section 14. Third-Party Claims

In the event of seizure of the equipment or any other claim by a third party regarding the equipment, the customer agrees to object and to inform such third parties that the equipment is the property of KTI Sarl (AQUA VITAL).
Similarly, the customer agrees to immediately notify KTI Sarl (AQUA VITAL) of any claim by a third party and to provide KTI Sarl (AQUA VITAL) with the third party’s exact contact information.

Section 15. Payment Terms

Unless otherwise expressly provided in writing in the special terms and conditions, invoices are payable upon receipt. Any invoice remaining unpaid by its due date shall automatically, without prior notice, accrue interest at a rate of 1% per month until the date of payment, with any partial month counted as a full month.

In addition, the amount due shall automatically and without formal notice be increased by a penalty of 15%, with a minimum of €150, as a fixed and non-reducible penalty clause, without prejudice to any other damages that may be due.

Section 16. Transfers

16.1. The owner may assign his or her rights under this contract to any other person. The notice required by Article 1690 of the Civil Code shall be validly served by registered mail, fax, or email.
16.2. The tenant must be notified of any such assignment and agree to acknowledge it.

Section 17. General Provisions

The invalidity of one or more provisions of this contract shall not render the remaining provisions invalid.
KTI Sarl’s (AQUA VITAL) failure to enforce any provision established in its favor under this agreement shall not be construed as a waiver of its right to rely on such provision.

Section 18. Disputes

For any disputes arising from this agreement, the competent court shall be the court in the jurisdiction where KTI Sarl (AQUA VITAL) has its registered office.