Aqua Exchange
This POWERMON SET LEASE AGREEMENT is entered by and between –
Aqua Exchange Agritech Pvt. Ltd, having its Registered Office at 9-1-45/3/2, Varun Residency, New Resapuvanipalem, Visakhapatnam, Andhra Pradesh, 530013 and Manufacturing Unit at RS No. 93/1, Beside International Paper Mill, Bapulapadu Mandal, Hanuman Junction, Veeravalli, Andhra Pradesh, 521110, and any of its subsidiaries, herein referred to as "AquaExchange" or "Company" and the Customer ("Customer", including any employees, consultants, or contractors of the Customer)
Whereas, AquaExchange develops, manufactures and markets IoT farm automation equipment ("Equipment" or Devices"), under the brand name "NextAqua". These devices are provided on an operating lease basis to Customers for automating and monitoring various farm activities.
Whereas, the Customer desires to use AquaExchange devices on operating lease basis for farm monitoring and automation purposes, and AquaExchange desires to grant Customer access to the devices on lease basis.
AquaExchange devices provided to the customer on an operating lease basis shall be leased for a minimum period of 6 (Six) months from the date of device installation at the customer premises. The lease shall automatically 'Renew' for a subsequent period of 6 (Six) months, unless either party provides notice to the other of its intent to terminate the service not less than Seven (7) days before the end of the current lease agreement.
It is expressly acknowledged and understood that all rights, title and interest in and to the leased equipment shall at all times remain the property of the company during the term of this agreement. The Customer agrees not to handle or tamper with the devices. Upon discontinuation or termination of services, the customer must return the devices in proper working condition to AquaExchange.
AquaExchange reserves the right to (a) inspect leased devices installed and used at Customer premises at any time during the lease period; and (b) repossess any devices found in unused or poor condition for a reasonable period of time as determined by AquaExchange, during such inspection.
During the term of the lease, the customer expressly agrees to refrain from relocating the leased devices from the installation location originally deployed without the prior written approval of AquaExchange. Further, the devices cannot be sub-leased, tampered, or used by third parties without the written consent of AquaExchange. All leased devices shall be strictly maintained as per the user guide/manual, placement guidelines, directions, instructions or specifications provided by AquaExchange.
The Customer is responsible for providing all necessary equipment, accessories, and access required to utilize AquaExchange devices and related services. All subsequent product manuals, videos, instructions, etc., issued by AquaExchange from time to time shall be binding on the Customer.
The Customer is responsible for providing uninterrupted power supply to AquaExchange devices during the service period. The Customer undertakes not to switch off or interfere with AquaExchange devices during the service period.
Any violation of the above terms may be considered a breach of this agreement.
AquaExchange endeavors to install new connections within 7 working days, subject to technical feasibility. AquaExchange bills its Customers on a half-yearly (6-month) basis. The customer expressly agrees to pay AquaExchange as consideration for services rendered, value set out in the below table, which will be calculated according to the total number of devices deployed at the customer premises.
New Installations: The customer is obliged to pay the new installation amount within Seven (7) days following the date of the installation. AquaExchange may charge installation fees for new installations, as prescribed from time to time.
Renewal Payments: The customer is required to pay the device renewal amount within Fifteen (15) days from the date of device renewal due date.
If the customer does not make the payments within the stipulated time, the company may unilaterally terminate this agreement, reserving the right to recover the devices from customer premises through mutual consent or through legal process.
Existing Customers may request a connection transfer to other locations, subject to relocation charges as mentioned below or as determined by the company from time to time.
Reinstatement of services requires payment of outstanding balances and other charges as determined by Aqua Exchange.
AquaExchange guarantees the confidentiality of all technical, commercial and productive information that the customer manages within the AquaExchange system which has access under this contract, for which it will develop and implement mechanisms for data protection to avoid loss of information. Notwithstanding the above, the customer expressly recognizes and authorizes the company to collect, process and store data of the customer to use this information for statistical purposes and development of improved solutions that the company requires to provide its customers an improved service, without revealing the source of information, data or documents belonging to the customer.
Continued use of AquaExchange services constitutes acceptance of the terms outlined in this agreement. Customers dissatisfied with the services may terminate the agreement by notifying the company in writing. Termination does not absolve the Customer of any outstanding dues.
In no event the company will be liable for any consequential, incidental, exemplary, punitive, special or consequential damages, including any damages for damaged resources, lost data, lost business or lost profits, arising from the devices and appended parts/components/accessories thereof (if any), whether the aforesaid damage or loss of any manner whatsoever has/had been advised or informed previously.
AquaExchange strives to maintain maximum uptime of services but does not guarantee uninterrupted service. The company does not represent, warrant, or guarantee that the use of the company's products will provide accurate information, safety, and security in any environment. The customer shall use all company products and related information and services at his own discretion and risk. The customer will be solely responsible for any and all loss, liability, or damages resulting from the use of company products and related information and services.
I/We, the Customer, confirm having read and understood all the above terms and conditions.
I/We, the Customer agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations.
I/We, the Customer accept all terms and conditions without exception. By subscribing to Aqua Exchange's services, I acknowledge total acceptance of Aqua Exchange's service offering.