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Terms and Conditions


1. DELIVERY OF PRODUCTS. Company will sell and deliver to Member in Company's bottles or Purchased Bottles, and related products ("Products") and Member will purchase from Company, during the term hereof, (a) if Member is a residential customer on a "Haute Membership," the monthly minimum quantity of Products as set forth on Member.s Agreement; or (b) if Member is on a "Office Membership," such quantities of Products as Member orders from time to time, provided that Company requires a minimum order of any two of the following items per delivery: multi-gallon home and office delivery size bottled water. Customer will comply with all of Company's procedures, which Company may change at any time upon reasonable advance notice to Member. Haute Members (i) hereby acknowledge that they will be responsible for the monthly Plan rate set forth in Member.s Agreement whether or not they actually take delivery of such Products; (ii) may add Products to their monthly minimum by ordering such Products from Company in advance of delivery date; and (iii) may postpone up to three (3) non-consecutive monthly deliveries during any twelve month period.


2. LEASED EQUIPMENT FOR Office Delivery. Company will lease to Member such coolers and/or equipment as noted on Member.s Agreement ("Leased Equipment"). Member acknowledges that this is a true lease, Member has no equity or ownership rights in the Leased Equipment, and Member can purchase the Leased Equipment only if Member and Company agree in writing. Company also sells equipment for purchase. If Member purchases or uses Member own equipment, Member will be responsible for all repair or replacement costs after expiration of the warranty period, if any.


3. USE OF LEASED EQUIPMENT AND BOTTLES. Company will install the Leased Equipment or PSP Equipment (as defined below), as applicable, at Customer's address set forth on Customer's Agreement and maintain it in good working order; provided, if Customer's negligence, abuse or misuse causes damage which requires any repair or replacement, Customer will pay Company all such costs on demand. The Leased Equipment, PSP Equipment and multi-gallon bottles ("bottles") are, and will at all times be, Company's sole and exclusive property, and Customer will have no right, title or interest therein except as expressly set forth herein. Customer will use the Leased Equipment, PSP Equipment and all bottles only for Company's Products and will not reuse or refill bottles for any purpose whatsoever. Customer will at all times operate and maintain the Leased Equipment, PSP Equipment and bottles in a safe and proper manner in accordance with Company's instructions, and keep them in a sanitary condition. Customer will clean and maintain the Leased Equipment or PSP Equipment, as applicable, periodically and at least once every three months, as outlined in the Company-approved guidelines. Customer (i) will not remove the Leased Equipment or the PSP Equipment, as applicable, from Customer's location without Company's prior written consent, (ii) will not alter the Leased Equipment or PSP Equipment, as applicable, in any manner, (iii) will permit only Company to repair the Leased Equipment or PSP Equipment, as applicable, and (iv) will notify Company immediately if the Leased Equipment or PSP Equipment, as applicable, or any bottles are stolen, lost, damaged or destroyed. Customer will permit Company to enter Customer's premises at reasonable times to inspect and repair the Leased Equipment or PSP Equipment, as applicable, and to deliver or pick up bottles.


4. HAUTE MEMBERSHIP EQUIPMENT (FOR RESIDENTIAL MEMBERS ONLY). If Member has selected an "Haute Membership" that includes use of equipment, Company will provide to member the equipment designated on Member.s Agreement for Member.s use for as long as membership is in consideration of Member.s agreement to purchase a minimum number of Products each month for the term of this Agreement. Member has no equity or ownership rights in the Leased Bottles. Title to the Bottles will remain with Company. If Member has selected a Pure Haute Membership that does not include Leases Equipment, Company will not provide any equipment to Member.


5. TERM. The Initial Term of this Agreement will start on (a) the date that the Leased Equipment bottles, is delivered by Company or (b) for Members who purchase Products only, on the first date that such Products are delivered to Member, and will continue for the period set forth on Membership; provided, however, Company may terminate this Agreement if Member is in default or breach. Membership will continue in effect on a month to month basis until terminated by either Company or Member on 30 days' written notice. Upon expiration or termination of this Membership, Member will permit Company to retrieve the Leased Equipment and/or bottles, which will be in the same condition as received by Member, reasonable wear and tear excepted. If Member fails to return any such equipment or bottles, Member will pay Company the full replacement value thereof .


6. PRICES. (a) Haute Memberships: Leased Equipment rental fees and Product prices will not be increased without thirty (30) days after notice to member. (b) All Members: Any price increase in Products or Leased Equipment fees after the Initial Term will be effective no earlier than thirty (30) days after notice to Member.


7. CHARGES, SURCHARGES, FEES AND DEPOSITS. . Customer will pay all charges, including charges for Products, Leased Equipment, purchased equipment, all applicable surcharges and fees, including, without limitation. Company may change its administrative, surcharges or other charges or deposit fees at any time with prior notice to Member. If Member does not pay any charge within thirty (30) days of the invoice date, Member will pay Company the greater of (i) a late fee not to exceed $20 per month, or (ii) interest of 1.5% per month on any unpaid amount from the invoice date until paid. If the late fee or interest rate exceeds the maximum rate allowed by law, the late charge will be equal to such maximum rate. Customer will make all payments hereunder without set-off, counterclaim or defense.


8. RISK OF LOSS. Member assumes risk of loss or damage to the Leased Equipment bottles in Member.s possession and will be responsible for all liability resulting from their use and operation. Member will pay Company upon demand costs to repair or replace any lost, stolen, damaged or destroyed Leased Equipment, as applicable, and/or bottles, as determined by Company. Member will, to the full extent permitted by law, indemnify, defend and hold harmless Company, its parent, affiliates, officers, directors, employees and agents from any loss, damage, liability, cost, fine or expense, including reasonable attorneys' fees, incurred in connection with this Agreement. This provision will survive termination or expiration of this Agreement.


9. DEFAULT BY CUSTOMER; COMPANY'S REMEDIES. Member will be in default if Customer: (a) fails to pay any amount when due; (b) fails to perform or violates any other term or condition hereof and fails to cure the same within ten (10) days after the occurrence; or (c) abandons or abuses the Leased Equipment or any bottles. Upon default, Company will have the right to exercise any or all of the following cumulative remedies in addition to any other rights or remedies it may have at law or in equity: (i) terminate this Membership without relieving Member of its accrued and continuing obligations; (ii) declare immediately due and payable (as liquidated damages and not as penalty) all outstanding charges plus the balance of the Leased Equipment rental to the end of the term; and/or (iii) repossess the Leased Equipment, as applicable, and bottles, Member hereby waiving notice, legal process, or liability for trespass or other damage, or, if Company cannot repossess the Leased Equipment, as applicable. Company may, at its option, declare it a total loss, and member will pay Company its replacement value. Company will not be required to post a bond or other undertaking in a repossession proceeding; Member hereby waives any such requirement. Member will pay all of Company's costs, including reasonable collection and/or attorneys' fees, as a result of Members default or the exercise of Company's remedies.


10. TRANSFER. Member may not directly or indirectly transfer any of Member.s rights under this Agreement and will not allow any other person or entity to use the Leased Equipment as applicable, or any bottles without Company's prior written consent. Member will keep the Leased Equipment, as applicable, and bottles free and clear of levies, liens and encumbrances and will promptly notify Company of any third party seizure, levy, lien, or encumbrance regarding the Leased Equipment or bottles.


11. MISCELLANEOUS. The terms of this Agreement may be waived or amended only in writing signed by Company and Member. Failure or delay in exercising any right will not constitute a waiver. Members grants Company authority to conduct credit investigations and Company retains the right to terminate this agreement at any time based on such information.


12. DISLAIMER OF WARRANTY. COMPANY DOES NOT MANUFACTURE THE EQUIPMENT PROVIDED TO CUSTOMER, IF ANY, AND, UNLESS OTHERWISE SPECIFICALLY SET FORTH IN WRITING BY COMPANY, HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH EQUIPMENT, ITS SUITABILITY OR FITNESS FOR ANY PURPOSE OR MERCHANTABILITY. MEMBER ACCEPTS SUCH EQUIPMENT "AS IS." NO DEFECT IN OR UNFITNESS OF SUCH EQUIPMENT, NO LOSS OR DAMAGE THERETO AND NO OTHER CONDITION WHATSOEVER WILL RELIEVE OR SUSPEND MEMBER.S OBLIGATIONS, WHICH ARE ABSOLUTE AND UNCONDITIONAL. TO THE FULL EXTENT PERMITTED BY LAW, COMPANY WILL INCUR NO LIABILITY WHATSOEVER TO MEMBER ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN OR CONDITION OF SUCH EQUIPMENT OR ITS USE, OPERATION OR FUNCTION. Without limiting the foregoing, and provided Member is not in breach or default, if there is a defect in any such equipment, Company will, to the extent permitted, make available to Member, at Member.s expense, the benefit of any manufacturer's warranty for such equipment. Company makes no representation whatsoever with respect to the existence, extent or effectiveness of any such warranty.

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Susan G Komen