Service Agreement Terms & Conditions

These Terms and Conditions form part of Service Agreement (“Agreement”) between the entity/person named in the Agreement (“Customer,” “you,” and “your”) and Pebble Spring Water (“Pebble Spring Water,” “we,” “us” and “our”). This Agreement affects your rights by requiring that disputes be resolved in arbitration or small claims court. In arbitration and small claims there is no jury trial and there is less discovery and less appellate review than in court.

1. Delivery, Installation, and Rental: We will deliver the products and services described in this Agreement subject to these Terms and Conditions. Bottles, dispensers, brewers, filters, and other equipment (collectively, the “Pebble Spring Water”) are our property. You are not buying the Pebble Spring Water Equipment. Rather, you are leasing it and will return it when this Agreement ends. At your direction and as necessary, we will install the Pebble Spring Water Equipment. You are responsible for choosing its location. You acknowledge that liquids can leak and damage surfaces. You acknowledge that installing, using, and removing the Pebble Spring Water Equipment is your responsibility and may require changes to your property, home, or office. You agree not to permit anyone other than us to service, repair, relocate, or alter Pebble Spring Water Equipment without our prior written consent.
2. Rescission and Cancellation Rights: You may rescind this Agreement at any time without penalty before midnight of the third business day from the date of acceptance of this Agreement. To do so, you must notify Pebble Spring Water of your desire to rescind by timely: (a) delivering or mailing (postmarked by the third business day) a signed and dated Notice of Cancellation form to pebble Spring Water, 1400 N Kraemer Blvd #987  Placentia, CA 92871; or (b) notifying PSW via email (at contactus@pebblespringwater.com) or by telephone (1-714-388-6552). If you timely rescind, any payments made by you under this Agreement (less any amounts for any goods opened, used or consumed) will be returned to you within ten (10) business days following Pebble Spring Water receipt of your request to rescind.
   IF YOU DO, YOUR CANCELLATION WILL TAKE EFFECT AT THE END OF THE NEXT FULL BILLING PERIOD. YOU MUST PAY FOR ALL PRODUCTS AND SERVICES RECEIVED, AND ALL APPLICABLE FEES, THROUGH THE END OF THE BILLING PERIOD IN WHICH THE CANCELLATION BECOMES EFFECTIVE.
3. Return of Equipment: If this Agreement is rescinded or cancelled, you must return all pebble Spring Water Equipment and goods delivered to you under this Agreement (less any goods opened, used or consumed) in good condition (normal wear and tear excepted). You must make such equipment and goods available to Pebble Spring Water at your service address within 30 days following the effective date of rescission or cancellation of this Agreement, unless otherwise instructed by pebble Spring Water. If you fail to make the equipment and goods available to pebble Spring Water, you will remain liable for performance of all obligations under this Agreement.
4. Payments: You will pay pebble Spring Water for (i) all products, services, and equipment ordered under this Agreement, plus applicable tax, (ii) the rental fee for all PSW Equipment, plus applicable tax, and (iii) all other charges, fees, taxes, surcharges, and deposits as provided in this Agreement, including those additional fees detailed in Section 5 below  (collectively, the “Service Fees”). Certain Service Fees will be charged to your credit or debit card or debited from your bank account immediately upon receipt of the product or service. Your payment of any remaining Service Fees is due by the date (“Due Date”) specified on each electronic invoice (“e-Invoice”). That remaining amount owed will automatically be charged to your credit or debit card or debited to your bank account.
5. Service Fees: You agree to pay the fees identified upon service agreement, including the following fees and charges, as applicable: Replacement Fee – A replacement fee equal to the full replacement value for any PSW Equipment that is lost or damaged beyond normal wear and tear while in your possession; Bottle Deposit – A bottle deposit, which is refundable subject to the return of empty bottles in good condition, normal wear and tear excepted; Rejected Credit or Bank Account Fee – A fee per rejected credit or debit card charge or bank account charge; Credit Card Surcharge – A percentage surcharge for use of a credit card (except where prohibited by law); Delivery Fee – A fee per delivery; Equipment Recovery Charge – A fee equal to the full replacement value of the PSW Equipment if you fail timely to return PSW Equipment when you are required to do so.
6. Authorization to Charge Payment Method: By accepting this Agreement and providing your electronic payment method and other information to allow for e-Invoicing, you authorize Pebble Spring Water or a third-party payment processor to charge all Service Fees (on a recurring basis) that you owe under this Agreement to the payment method on file with Pebble Spring, until such amounts are paid in full. You agree that any third-party payment processor may accept this Agreement as your authorization to charge your card or debit your account. If you provide a credit card as form of payment, you will be subject to the Credit Card Surcharge (except where prohibited by law). You may avoid this surcharge by paying by debit card, ACH, or Electronic Funds Transfer. You may change your payment information or withdraw your authorization by submitting your request by mail ( to Pebble Spring Water, 1400 N. Kraemer Blvd #987  Placentia, CA 92871; or (b) notifying PSW via email (at contactus @pebblespringwater.com) or by telephone (1-714-388-6552). By providing your payment method information, you authorize Pebble Spring Water to place an initial $50 hold charge against your payment method which will be released within 30 days.
7. Notices: You agree that any notifications or communications to you in connection with this Agreement or any products, equipment, or services you receive from us may be provided in your e-Invoices and/or via e-mail using the address and/or email(s) we have on file for you. You agree to notify Pebble Spring Water immediately of any change in the address, email(s), and/or phone number(s) you have provided to us.
8. Privacy: You agree that pebble Spring Water may use the personal information that you provide in connection with this Agreement to improve our provision of services and provide information that may be targeted to your interests. If you do not wish to receive such communications, or if you have questions about Pebble Spring Water use of personal information, contact Customer Service by emat contactus@pebblespringwater.com or by calling (1-714-388-6552). To review our Privacy Policy, please visit  (https://www.water.com/bottled-water-privacy-policy)https://www.pebblespringwater.com (https://www.pebblespringwater.com/delivery-areas/)
9. Consent to be Contacted: You agree that PebbleSpring Water (and others on its behalf) may send you marketing and non-marketing email messages to email addresses that you provide. You agree that PSW (and others on its behalf) may contact you at the phone number you provided (and any other phone number you later provide) through autodialed text messages and/or calls (including calls made using artificial or prerecorded voices). You agree that such communications may include, without limitation, communications about your service, account, balances, and debts. You acknowledge that message and data rates may apply to such communications. You also acknowledge and agree that your consent to such communications is a material term of this Agreement, is given as a bargained-for consideration, and cannot be unilaterally revoked or modified. If you have signed up to receive promotional text messages and/or calls, you have agreed to receive autodialed text messages and/or calls (including calls made using artificial or prerecorded voices) on behalf of PSW at the number(s) that you provided. You agree that, regardless of the purpose of the communication (including to market goods or services or to convey information regarding your account and any debts on which you may be obligated), PSW (and others on its behalf) may contact you at any time (including between 9:00 p.m. and 8:00 a.m. where you are located), at any place (including your residence), and in any manner (including by calling, texting, emailing, and mailing).
10. Default: In the event of a default by you, pebble Spring Water shall have the right to terminate this Agreement immediately and all Service Fees due under this Agreement shall become due immediately as liquidated damages and not as a penalty. You agree to pay all such sums immediately upon request. In the event of an uncured default, PSW reserves the right to cease delivery, take measures to collect outstanding Service Fees, including through use of a third-party collection agency, and you agree to immediately return all pebble Spring Water Equipment to your Route Sales Representative. The term “Default” includes one or more of the following: failure to pay Service Fees for a period of 60 days after the Due Date; misuse of the PSW Equipment and/or bottles; the institution by or against you of a proceeding in bankruptcy; abandonment of the PSW Equipment or the removal of the PSW Equipment without the written consent of PSW. You agree to pay all costs, including reasonable attorneys’ fees and collection costs and collection agency fees, incurred by us in connection with your Default or the exercise of PSW remedies, to the maximum extent permitted by law.
11. Warranties. You acknowledge that proper cleaning and maintenance of pebble Spring Water Equipment is your responsibility and that failure to do so may lead to personal injury. PEBBLE SPRING WATER DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES UNDER THIS AGREEMENT. YOU ACCEPT THE EQUIPMENT “AS IS” AND YOU ASSUME THE RISK OF LOSS, DAMAGE OR DESTRUCTION OF ALL PEBBLE SPRING WATER  EQUIPMENT IN YOUR POSSESSION; YOU MUST PROMPTLY NOTIFY US IF THE PEBBLE SPRING WATER  EQUIPMENT IS LOST, STOLEN, DAMAGED OR DESTROYED. TO THE FULLEST EXTENT PERMITTED BY LAW, PEBBLE SPRING WATER  WILL INCUR NO LIABILITY WHATSOEVER TO CUSTOMER ARISING OUT OF OR IN CONNECTION WITH ANY DEFECT IN OR CONDITION OF THE EQUIPMENT OR ITS USE, OPERATION OR FUNCTION. you FURTHER acknowledge that PSW filtration equipment is intended to be used only to improve the quality of drinking water that is already safe, potable, non-infectious, non-polluted, and compliant with FEDERAL standards for municipal water.
12. Liabilities. YOU WAIVE THE RIGHT TO ASSERT A CLAIM AGAINST PEBBLE SPRING WATER  MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT THAT GIVES RISE TO THE CLAIM. IN NO EVENT SHALL PEBBLE SPRING WATER  BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY EVENT BEYOND PEBBLE SPRING WATER’S CONTROL, FOR EXAMPLE EARTHQUAKES, HURRICANES, OR OTHER SEVERE WEATHER EVENTS, EPIDEMIC, PANDEMIC, RIOT, STRIKE, WAR, TERRORISM, OR GOVERNMENT ORDERS OR ACTS. IN NO EVENT SHALL PEBBLE SPRING WATER’S BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER PEBBLE SPRING WATER  WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PEBBLE SPRING WATER  SHALL NOT BE LIABLE IF CERTAIN ORDERING, PAYMENT, OR OTHER ONLINE SERVICES ARE TEMPORARILY UNAVAILABLE TO CUSTOMER DUE TO AN OUTAGE OR OTHER LACK OF CONNECTIVITY WITH THIRD-PARTY VENDORS. IN NO EVENT SHALL PEBBLE SPRING WATER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THREE (3) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO PEBBLE SPRING WATER’S PURSUANT TO THIS AGREEMENT IN THE TWELVE (12) MONTHS BEFORE THE FIRST EVENT OR FACT THAT GAVE RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS IN THIS PARAGRAPH SHALL NOT APPLY TO: (1) INJURIES TO THE BODY OR PERSON; (2) INJURIES CAUSED BY PEBBLE SPRING WATER’S  WILLFUL, MALICIOUS, RECKLESS, OR GROSSLY NEGLIGENT ACTS OR OMISSIONS; OR (3) STATUTORY DAMAGES, TREBLE DAMAGES, OR ATTORNEYS’ FEES AND COSTS. THESE LIMITATIONS SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
13. Indemnification: You agree to the fullest extent permitted by law to 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.
14. Dispute Resolution: You or Pebble Spring Water may bring an individual action in small claims court if the amount claimed is within the jurisdiction of that court. Otherwise all Disputes shall be resolved by binding, individual arbitration pursuant to the Federal Arbitration Act. “Disputes” means any claim or controversy arising from or relating to this Agreement, the PSW Equipment, or your service from or relationship with PSW, including claims that arose before the execution of this Agreement, claims that arise after the cancelation or termination of this Agreement, and claims that are the subject of purported class action litigation. “Disputes” does not, however, include any issues relating to the existence, scope, validity, or enforceability of this arbitration provision. Arbitrations shall be administered by an organization to be jointly chosen by the parties pursuant to the version of its rules and this provision that are in effect when notice of a Dispute is given. Demands for arbitration must be accompanied by a detailed statement of claim that is personally verified and executed by the claimant. Unless you agree otherwise, any hearing will take place in the county where you reside. The arbitrator’s award may be entered in any court of appropriate jurisdiction. You will not be responsible for any arbitral fees that exceed the fees you would have incurred if the dispute had been brought in court. If you hire an attorney to represent you in arbitration, you are responsible for your attorneys’ fees and costs but may recover them from PSW to the same extent as in court. If the arbitrator finds that your Dispute was frivolous or brought for an improper purpose, however, PSW may seek reimbursement of its reasonable attorneys’ fees from you, your attorney, or both, to the same extent as in court. Waivers: WHETHER IN ARBITRATION OR COURT, YOU AND PEBBLE SPRING WATER WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PROSECUTE OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE ACTION. This arbitration provision shall survive the cancellation or termination of the Agreement.
15. General: We may amend or add to the terms of this Agreement at any time, upon prior written notice to you. If you object to the change, you may provide notice of cancellation as set forth in Section 2. PSW may assign this Agreement and any of its rights hereunder 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 CONTAINS THE ENTIRE AGREEMENT BETWEEN US WITH RESPECT TO ITS SUBJECT MATTER AND SUPERSEDES ALL PRIOR AGREEMENTS OR UNDERSTANDINGS (EXPRESS OR IMPLIED), NEGOTIATIONS, OR COMMITMENTS OF ANY NATURE WHATSOEVER RELATING GENERALLY TO THE SAME SUBJECT MATTER. If there is any conflict or inconsistency between the terms of this Agreement and any purchase order or other document provided by you, this Agreement prevails. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA.