Terms and Conditions of Service
Gladden Water • Effective Account Management & Delivery Operations Guidelines
Please read the following terms and conditions carefully. The terms and conditions contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution clause.
These terms and conditions apply to your purchase of products and/or services from Gladden Water, and you are bound by these terms and conditions. Customers signing up for service agree to the terms provided herein. Customer has carefully reviewed these terms and conditions and has been given an opportunity to ask questions about the product and service.
1. Promotional and Internet Pricing Policies
Current promotional offers are for new customers only. Some internet prices are discounted for a limited time. Promotional discounts are only applied to accounts in financial good standing.
Online offers are subject to expire at any time. All new customers are subject to credit approval. Taxes are not included in listed prices. Renters and other specified accounts are subject to additional deposits and payment of the first month of service before installation or product delivery.
2. Palletized Products & Bulk Freight Ordering Rules
Pallets of Water: All orders, once shipped, are final; no returns allowed. Shipping times listed are average estimates and are not guaranteed, unless a specific, explicit delivery speed guarantee is stated and provided on your sales order confirmation at checkout. All orders must be prepaid unless prior commercial credit approval has been established.
Free delivery applies exclusively to commercial businesses equipped with a loading dock or working forklift, and having no Non-Standard (Limited Access) restrictions. Pallet product prices listed are for the specific city listed; for delivery locations outside the city limits, additional charges may apply.
When supply chains are constrained, Gladden Water reserves the right to substitute brands of water for an alternative brand of equal or greater value.
3. Shipping Damage and Credit Procedures
If there is partial damage to the shipment, accept the shipment. Gladden Water will provide a financial credit if you follow these steps precisely. If the shipment is a complete loss with zero usable product, you may reject it; otherwise, follow these instructions to secure credit:
- Take clear digital pictures of the specific damages while the product is still inside the delivery truck.
- Damage must be clearly noted on the delivery paperwork and signed by both you and the driver.
- Scan and email the marked paperwork and photos directly to [email protected].
Upon verification, we will offer a credit for the actual damaged portion of a pallet or apply a credit toward your next scheduled delivery layout. We do not ship out physical replacements. For example: if 5 cases of bottled water are proven not usable, we will issue a credit equal to the value of those 5 damaged cases.
4. Common Carrier (LTL) Deliveries & Non-Standard Access Fees
Delivery is made via LTL common carriers. Freight delivery does not include moving pallets once they are removed from the truck unless you have explicitly prepaid for that service access. If you authorize the truck driver to move pallets once they are off the truck, you will be responsible for a separate charge of $215 per pallet.
Common carrier delivery is a standard tailgate delivery to a loading dock or forklift unload space. If you do not have a dock or forklift for unloading, you must order liftgate service. Additional shipping charges may apply for delivery options such as liftgate, residential delivery, and custom appointments. Deliveries that are refused or marked as "unable to deliver due to customer actions" are subject to a penalty fee of not less than $150 up to the total real freight cost incurred by Gladden Water.
Certain types of LTL delivery locations are designated as Non-Standard (Limited Access) and will incur an extra charge. The following constitute the majority (but not all) Non-Standard locations: Construction Sites, Mines, Quarries, Oil Fields and/or Pits, Steel Mills, Nuclear Generating Facilities, Military Installations, Farms/Ranches, Schools, Wind-farms, Camps, Flea Markets, Nursing Homes, Restaurants, Malls (including strip malls), Marinas, Libraries, Vineyards/Wineries, Orchards, Country Clubs/Social Clubs, Ski Resorts/Lodges, Prisons, Airports, Churches or places of worship, Native American Reservations, Utility Sites, Fairs/Carnivals, Mini Storage units, Rural routes, commercial establishments not open to the public during standard business hours, commercial establishments not ready to receive a shipment, commercial locations not having access to a loading dock, sites where security inspections are required before/after pickup, or locations requiring a delivery trailer under 48 feet.
Custom appointments can result in additional delivery charges. Customers who fail to make us aware of required appointments or limited access destinations will be required to pay all secondary shipping costs. A physical signature is mandatory for all common carrier drop-offs. Standard freight deliveries occur Monday through Friday between 8:00am and 4:00pm.
5. Full and Half Truckload Delivery Constraints
For high-capacity full and half truckload freight operations, the customer is entirely responsible for unloading the truck. The freight driver does not provide physical assistance unless explicitly authorized by Gladden Water in writing prior to shipment dispatch. If driver assistance is requested and authorized for full truckload freight, a separate driver assist fee will apply. The customer is allotted exactly 2 hours to unload the trailer upon its arrival; if unloading takes longer than 2 hours, additional detention charges may apply. The customer is responsible for notifying Gladden Water in advance if a specific delivery appointment time window is required.
Occasionally, Gladden Water may not be able to fulfill an expedited shipping speed guarantee. In the event Gladden Water fails to meet a fast shipping window that the customer paid extra for, the premium monies paid for that expedited shipping fee will be refunded to the customer. Gladden Water assumes no responsibility or liability for bulk orders not shipped on time, other than returning the expedited fee.
6. Recurring Boxed Water Customer Delivery Expectations
Boxed water deliveries can occur on various schedules, typically monthly, every other month, every fourth month, or via a "will call" notification system. Residential deliveries can occur on weekdays or weekends. Deliveries to residential accounts are made exclusively to the exterior of the dwelling, to the front door (unless explicitly noted to another easily accessible exterior location). Deliveries are not made to backyards or inside gated security areas.
Customers must ensure there is a covered location to leave product boxes in the event of inclement weather. Gladden Water does not offer "call on the way," "call day ahead," or "ring bell and wait for an occupant" delivery constraints. We do not deliver to the second floor and above if there is no elevator access; however, Gladden Water will drop to the first floor or leasing office, and the customer will be responsible for carrying the product boxes to their specific room.
To skip or modify a scheduled route delivery, you must contact Gladden Water in writing at least 5 business days in advance of your delivery window via text (888-928-3725) or email ([email protected]). Refused or partially refused localized route deliveries are subject to an immediate charge of $8 per box fee.
7. Coolers
Coolers rarely leak, but it is possible. Gladden Water has no operational control over coolers. It is expected that the customer will periodically inspect the coolers; if any leak is detected, the customer must shut off the source water immediately and notify Gladden Water. Gladden Water assumes no liability for property damage caused by leaking.
Hot Water Safety Caution: Water running from the hot water option can be exceptionally hot. If a cooler is placed around children, the customer should consider keeping the hot element switched off via the button on the back of the machine. All child-proof buttons or safety levers must be checked regularly by the customer. The customer assumes full responsibility to report any broken safety levers immediately to Gladden Water in writing. If a safety mechanism is found to be defective, the customer must turn off and unplug the unit immediately until it can be replaced.
9. Billings, Account Rules, and Cancellations
All bills are due upon receipt. If the customer does not clear an invoice by the end of the current billing month, a late fee not to exceed $7 per month will be applied. Residential accounts are required to have a valid credit card on file for automated payment at all times. Some accounts with a poor payment history will require full payment for water assets prior to route truck dispatch.
For accounts with an established good payment history, box or bottle charges may be split over 2 or more months depending on your distribution frequency (e.g., if delivery occurs every other month, the water billing charges can be split over two consecutive months). Late fees or declined payment fees are billed as separate events.
Customers on automated payment cycles managed via our portal agree to keep Gladden Water informed of card changes or new expiration dates at least 30 days in advance of monthly billing. A processing fee of up to $2 will be charged for transactions that fail due to non-sufficient funds or expired card dates.
Online Order Cancellations: If you need to cancel an order paid online by credit card, please note that card processing companies do not refund their transaction fees. Because of this, we can either apply 100% of your payment as a credit toward any future order, or issue a refund to your card minus the unrecoverable 3% processing fee.
To cancel service, the customer agrees to provide not less than 7 business days notice in writing, and must cooperate fully to facilitate the physical pickup of all company-owned equipment.
10. Comprehensive Limitation of Liability
Gladden Water disclaims any and all express or implied warranties under this agreement, including, without limitation, any warranties of merchantability, fitness for a particular purpose, clear title, or non-infringement. The total liability of Gladden Water under this agreement shall be limited exclusively to repairing or replacing defective water bottles, boxes, or dispensers delivered to you.
Under no circumstances shall Gladden Water be liable to you or any other party for any monetary damages whatsoever in connection with this agreement or the products or services provided. Without limiting the generality of the preceding sentence, Gladden Water specifically disclaims any responsibility or liability for any consequential, incidental, special, exemplary, punitive, or other similar damages, however denominated.
If, despite these explicit limitations, monetary liability is legally imposed upon Gladden Water, you agree that under no circumstances shall any liability exceed the lesser of actual proven damages or an amount equal to the total payments made by you to Gladden Water during the three (3) billing periods preceding the assessment of liability. You agree to waive and hold Gladden Water and its directors, officers, agents, and employees harmless against any claims, damage, injury, or liability suffered or incurred by you or your agents, guests, or family members arising from use or operation of equipment.
You waive all rights to bring any claim against Gladden Water as a class member or class representative, notwithstanding applicable law. You acknowledge that water can damage surfaces with which it comes into contact and that leaks may occur from water bottles, boxes, or equipment. You assume full responsibility for selecting the placement location for water assets within your property and have complete responsibility for any damage or loss that occurs from leaks or equipment removal.
11. Dispute Resolution, Governing Law, and Notices
Gladden Water and the customer will first attempt to resolve any dispute, controversy, or claim arising out of or relating to this agreement using good faith efforts to negotiate a solution. If the dispute remains unresolved for forty-five (45) days after formal notification by either party, both parties agree to enter into final, binding arbitration in accordance with the rules of the American Arbitration Association, to be held in Minneapolis, Minnesota, with no right of appeal. If you file legal actions without first attempting good faith negotiations, you will not be entitled to recover attorney's fees.
All notices must be in writing and delivered by U.S. mail, certified mail, or personal delivery with written confirmation of receipt to the customer address on record, and to Gladden Water at our mailing address: PO Box 455, Excelsior, MN 55331.
Gladden Water shall not be liable for any damage, loss, or nonperformance caused by government action, war, fire, explosion, flood, strike, lockout, embargo, act of God, or any similar cause beyond our reasonable control.
This agreement constitutes the entire understanding between you and Gladden Water and supersedes all other oral or written statements. Gladden Water may choose to delay enforcement of any rights under this agreement without compromising those rights. We may assign this agreement and any of its rights to a third party without notice; the customer may not assign this agreement. If any single provision is held invalid or unenforceable, all other provisions remain in full force and effect.
Governing Law: This agreement is governed exclusively by the laws of the State of Texas.