If your order is not tax exempt, taxes are estimates only. Final applicable sales tax will be reflected on each invoice. You will be charged taxes on the products you receive in each delivery.

1. California: 5¢ for containers under 24 oz; 10¢ for containers 24 oz and larger; exempts refillable containers
2. Connecticut: 5¢; Excludes containers over 3L containing noncarbonated beverages and HDPE (High-density polyethylene) containers
3. Maine: 5¢; plastic, containing 4 liters or less
4. New York: 5¢, plastic, under one gallon
5. Oregon: 5¢, containers less than or equal to 3 liters

Our operating costs vary depending upon energy prices. A variable energy surcharge will be included as a separate line item on each invoice and will only apply once per billing period regardless of the number of deliveries. The surcharge is based on the Monthly U.S. Average On-Road Diesel Price as published by the U.S. Department of Energy, Energy Information Administration on its website at tonto.eia.doe.gov/oog/info/wohdp/diesel.asp. Updated monthly, the Energy Surcharge appears as a separate line item on each statement. We reserve the right to apply the surcharge in our sole discretion. Please note that we do not establish the Monthly U.S. Average On-Road Diesel Price. To learn more about recent energy price developments, please contact the Department of Energy at (202) 586-6966 or go to the U.S. Department of Energy website located at doe.gov/engine/content.do.

Please also visit our variable energy surcharge page.

A bottle deposit is a fee charged for every 3 or 5-gallon bottle delivered to you. A bottle deposit is refundable and will be credited to your account as each empty bottle is returned, either upon each delivery or upon the end of your agreement.

WATER SERVICE AGREEMENT

1. Water/Coffee Delivery and Dispenser Rental. "Customer," "you," and "your" mean the person whose first and last name appears in the Account Details section of the Account Information Page of the water.com website ("website"). "We," "us," and "our" mean DSW. We will provide the products and services described in our website shopping pages on the terms and conditions set out in this Agreement. Bottles, dispensers and equipment are our property, and payments do not apply toward the purchase of the dispenser or equipment. You will agree to take good care of all bottles, dispensers and equipment in your possession. You will not permit anyone other than us to repair or alter dispensers or equipment without our written consent.
2. Term/Cancellation. A period means DSW's standard billing period of approximately 28 days. This Agreement begins on the date of your first delivery and set-up and continues for 1 year (the Initial Term). Upon expiration of the Initial Term, if applicable, this Agreement automatically shall renew on a period-to-period basis (the Renewal Term). You may cancel this Agreement at any time by providing written notice to us at least one full period prior to the desired cancellation date. If you cancel this Agreement after the first 90 days but before the end of the Initial Term, we may charge you an early cancellation fee of $100. If you cancel this Agreement during the Renewal Term, we may charge you an administration fee of $35 per unit of equipment. Within fourteen (14) days following any cancellation of this Agreement, you agree to return all bottles, dispensers and equipment in good condition, normal wear and tear excepted, to your Route Sales Representative.
3. Payments. You will pay us for (i) all products, services and equipment ordered under this Agreement, plus applicable tax, and (ii) the dispenser rental fee, plus applicable tax, and (iii) all other fees and charges as provided in this Agreement. These amounts are due by the date specified on each invoice. If you choose to pay by credit or debit card, you authorize us to automatically withdraw payment for service on a recurring basis, and to place a $50 refundable hold charge against your credit or debit card account. You may request to change your method of payment by providing written Notice to DSW Customer Service. Subject to DS Waters credit standards, in some instances, you may be required to provide a security deposit of $50 which will be refunded and/or applied to any amounts owed by you upon account termination.
4. Fees. You also agree to pay the following fees: a late fee in an amount up to the maximum allowable by law will be charged for any payment which is past the payment due date (Maryland customers will be charged a late fee of 1.5% of the amount in default); a returned check/ debit card fee of $25 for any check or debit card that is returned unpaid; a replacement fee for any dispenser, coffee equipment, or related equipment that is lost or damaged while in your possession, normal wear and tear excepted; a bottle deposit in the amount set forth on the Order Review page of the website which is refundable, subject to the return of empty bottles in good condition, normal wear and tear excepted. We reserve the right to charge a variable Energy Surcharge per billing period, based on the Monthly U.S. Average On-Road Diesel Price as published by the U.S. Department of Energy, Energy Information Administration. For details, go to http://www.water.com/energysurcharge.
5. Default. You will be in default of this Agreement if you fail to make a payment when due or fail to comply with any other term of this Agreement. If you are in default, and do not cure the default within the time period specified in our notice, we may cancel this Agreement and demand immediate payment of the entire unpaid balance due, together with an early cancellation fee of $100, or an administration fee of $35 per unit of equipment if the term of this Agreement is period-to-period. In the event of an uncured default, we also reserve the right to cease delivery of bottled water and/or coffee and you agree to immediately return the dispenser, equipment and bottles to the Route Sales Representative. You agree to pay all costs, including attorneys' fees and collection costs, incurred by us in connection with your default or the exercise of our remedies, to the maximum extent permitted by law.
6. Liability. DSW DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES UNDER THIS AGREEMENT. Our total liability shall be limited to repairing or replacing defective bottles, dispensers and equipment delivered by us to you. Under no circumstances shall we be liable to you or any other party for any monetary damages in connection with this Agreement or the products or services provided by us. Any monetary liability imposed on us shall be limited to the lesser of actual damages or an amount equal to payments made by you in the three (3) billing periods preceding such assessment of liability. You assume the risk of loss, damage or destruction of all bottles, dispensers and equipment in your possession. You are responsible for any and all claims, damage, injury, or liability incurred by you arising from your use of bottles, dispensers, or equipment. You indemnify and hold us harmless in respect of any and all claims, damage, injury, cost, liability, expense (including reasonable attorneys' fees) or other loss suffered or incurred by us in connection with this Agreement. You acknowledge that water/coffee can damage surfaces and that leaks may occur. You are responsible for selecting the location for placement of bottles, dispensers or equipment and have full responsibility for any damage or loss that occurs. You acknowledge that installation, use or removal of bottles, dispensers or equipment is your responsibility and may change your personal property, home or office. You acknowledge that proper cleaning and maintenance of bottles, dispensers or equipment is your responsibility and that failure to properly clean and maintain such equipment may lead to personal injury. We are not responsible or liable for any costs, expenses, claims or other liability related to any damage, loss or change to your personal property, home or office, or for any personal injury to you or any other person, resulting from the installation, maintenance, use or removal of bottles, dispensers or equipment. DSW shall not be liable to you for any damage, loss or non-performance caused by government action, war, fire, explosion, flood, strike, lockout, embargo, act of God, or any similar cause beyond the control of DSW.
7. Notices. All notices must be in writing and delivered by U.S. mail, certified mail or personal delivery or facsimile with written confirmation of receipt to the Customer at the address provided by the Customer on the website Account Information page and to DSW at 4170 Tanners Creek Drive, Flowery Branch, Georgia, 30542. You agree to notify DSW promptly of a change in your address.
8. Dispute Resolution. You will first attempt to resolve any dispute with DSW arising out of this Agreement using good faith efforts to negotiate a resolution. Any dispute that remains unresolved for forty-five (45) days shall be resolved either in Small Claims Court or through binding arbitration before a neutral arbitrator in accordance with the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association ("AAA"). Any arbitration shall be held in the largest city by population in your state of residence, or as mutually agreed in writing by the parties, with no right to jury trial and only limited judicial review according to applicable arbitration statutes. If there is an arbitration, you may be represented by counsel of your choice, at your expense, and you will be responsible for your share of AAA and arbitrator fees as set forth in the applicable rules governing the arbitration.
9. Personal Information. You agree that DSW may use the personal information disclosed in the Account Information page to improve our products and service to you. You agree that DSW may use your personal information to contact you and deliver information to you that may be targeted to your interests, such as special product and service offerings. If you do not wish to receive these communications, or if you have questions regarding DSW's use of your personal information, contact Customer Service by e-mail at customerservice@water.com or by calling 1-800-492-8377.
10. General. We may change the terms of this Agreement at any time, upon prior written notice to you. If you do not consent to the change, you will notify us to cancel your service in accordance with this Agreement. The terms of this Agreement may only be waived or amended in writing. Failure or delay in exercising any right will not be a waiver. We may assign this Agreement and any of its rights under it to a third party without notice. You may not assign this Agreement and any such assignment will be null and void. If any provision of this Agreement is held invalid or unenforceable, all other provisions will remain in full force and effect. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF GEORGIA.