Terms & Conditions

In addition to the terms on Bubbs Super Seltzer LLC’s website, all orders are subject to the following Terms & Conditions. As used in these Terms & Conditions, the term “Customer” refers to each specific Customer of Bubbs Super Seltzer, LLC. For any conflict between the website and these Terms & Conditions, these Terms & Conditions shall control.

1. Rental: All seltzer equipment, bottles and crates are rentals and must be returned to Bubbs in good condition within 60 days of delivery. Customer agrees to these Terms & Conditions by accepting delivery of any Bubbs Super Seltzer Service goods or services.

2. Payment of Account: Customer specifically authorizes Bubbs Super Seltzer, LLC to charge the credit or debit card provided by Customer when setting up its account. Customer specifically authorizes Bubbs Super Seltzer, LLC to charge the credit or debit card on the day that delivery is made. Bubbs Super Seltzer, LLC accepts payment only through its electronic invoicing system and Customer agrees to submit payment exclusive in this manner. If a card on file is declined, Bubbs reserves the right to charge a $25.00 handling and processing fee.

3. Fees for damaged or lost equipment, bottles, creates: Customer is responsible for any equipment destroyed, damaged, lost, or otherwise not returned to Bubbs. The charges for any destroyed, damaged, lost, or equipment not otherwise returned, shall depend on the circumstances. The following minimum fee schedule shall apply generally:

a. Lost 1.4L Plastic bottle - $15.00 each
b. Damaged 1.4L Plastic bottle - $15.00 each
c. Lost .75L Vintage Glass Bottle - $50.00 each
d. Damaged .75L Vintage Glass Bottle - $50.00 each
e. Lost crate - $35.00 each
f. Damaged crate - $35.00 each

Customer shall pay such fees assessed by Bubbs within 14 days of invoicing, and Customer consents to Bubbs charging such fees to the Customer’s card on file.

4. Customers who fail to communicate and fail to return equipment, bottles, and crates: After 90 days if no contact has been made with Bubbs and cases are not returned, a flat fee of $125 per every unreturned, missing, or damaged case of six 1.4L plastic bottles and $335 per every unreturned, missing, or damaged case of six .75L vintage glass bottles will be charged to the card on file.

5. Customer responsibility to arrange delivery location; limited license to access property. The Customer is responsible for arranging for the location at its premises where Bubbs shall deliver its product. On the date of the first delivery, the Customer shall notify the Bubbs’ delivery driver where future deliveries shall be made and any other special request or requirements for future deliveries or pickups (i.e., “use the back door...”). Customer expressly grants Bubbs, including its agents, employees, or contractors, a limited license to access Customer’s property for the limited purpose of picking up used equipment, bottles, and crates, and for delivery of new equipment, bottles and creates.

6. Incomplete or Difficult deliveries: Bubbs reserve the right to charge a service charge of $5.00 for incomplete or difficult deliveries, such as to homes with more than two flights of stairs, apartments without elevators, or businesses that are not available to receive deliveries during normal, scheduled delivery times. If Customer forgets to leave the empty seltzer equipment, bottles, and crate out for pick up, or the business is closed during prescheduled delivery time, an additional $5.00 fee will be incurred and charged to the Customer’s account.

7. Right to reschedule. Bubbs will do its best to deliver its products at the Customer’s requested and scheduled delivery time, however there are circumstances that are outside of Bubb’s control that may interfere with scheduled deliveries. Bubbs’ shall have the sole and absolute right to determine whether a delivery can be made timely or safely. If Bubbs’ cannot timely or safely complete a delivery, Bubbs’ will not leave equipment, bottles or crates sitting outside or on the street. In such circumstances, Bubbs will notify the client and reschedule delivery. Under no circumstances is Bubbs liable for any alleged damages incurred by Customer for any incomplete or rescheduled delivery.

8. “No One Home” Delivery: If there is a predetermined drop site requested for your delivery, you are responsible for Bubbs equipment once the delivery has been made regardless if someone is there to accept the delivery. A proof of delivery image or signature will be generated once the drop is made, after which point the equipment becomes the customers responsibility. Once Bubbs’ products are delivered to the Customer’s designated delivery location, all responsibility for the product belongs to the Customer.

9. Scheduling changes: Bubbs requires that the Customer provide it at least 48 hours’ notice if you wish to change or cancel a delivery. If you cancel a delivery with less than 48 hours’ notice, your delivery will still be made, and the Customer is responsible for the charges or cost of the delivery. However, the requested changes or cancellation will be applicable to the subsequent orders. If you close your account, all bottles full or empty must be returned by your next scheduled delivery day.

10. 60-day limit: We care about the quality of our product and strive to keep our clients satisfied. After a bottle of seltzer has been in your possession for up to 60 days, we can no longer ensure the quality of our product. We require accounts that have not reordered in 60 days to please return any unused bottles for a refund, and if the client no longer wishes to use our service to return any bottles and crates on the account.

If bottles are not returned after 60 days, and no contact has been made with the company by the client, the account will automatically be charged the for all missing bottles and crates delivered to their account, as stated in item 3, above.

11. Credit Card Charge Disputes: Customer specifically authorizes Bubbs to charge the account provided to Bubbs for payment of its services and agrees not to contest any authorized charge on their account. If a Customer disputes a credit card charge after more than 10 days of receipt of the product in question, Bubbs Super Seltzer shall be entitled to receive from Customer a $25.00 handling fee for each charge contested.

12. Mutual Limitation on Liability. Neither Bubbs nor Customer will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement, and Bubbs and Customer expressly waive any claims for consequential damages.

13. Waiver of Liability related to vintage bottles. Bubbs offers Customer the option to have their product delivered in vintage glass bottles. The exact age and composition of these vintage glass bottles is unknown. Due to the unknown characteristics of these vintage glass bottles, Bubbs makes no representations or warranties whatsoever about the vintage glass bottles, their life span, or their condition. Customer, by using vintage glass bottles assumes all risk associated with their use, including the risk that a vintage glass bottles may break or fail during the time it is in Customer’s possession. As a condition of Customer receiving vintage glass bottles, Customer waives and releases any claims against Bubbs, including it officers, managers, members, employees, or agents, arising from the use of vintage bottles.

14. Bubbs’ Maximum Liability: Bubbs’ liability under this agreement will not exceed the total amount paid by Customer to Bubbs over the six (6) months preceding the claim causing the liability.

15. Termination:

a. Termination on Notice. Either Bubbs or Customer may terminate this agreement for any reason on ten (10) business days’ notice to the other party.

b. Termination for Material Breach. Each party may terminate this agreement with immediate effect by delivering notice of the termination to the other party, if the other party fails to perform, has made, or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations, and the failure, inaccuracy, or breach is not cured within three (3) business days.

16. Miscellaneous Provisions:

a. Choice of Law and Venue. This Agreement shall be governed according to the laws of the State of Texas. Venue for any legal or equitable action between the Bubbs and the Customer which relates to, or arises from, this Agreement shall be in the county of Travis, Texas (Austin).

b. Arbitration: Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Austin, Travis County, Texas. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. The prevailing party shall be entitled to an award of reasonable attorney fees. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

c. Assignment: This Agreement may not be assigned, without both parties’ consent.

d. Entire Agreement/Merger Clause: These Terms & Conditions, along with the terms on Bubbs’ website, contains the complete, full, and exclusive understanding of Bubbs and the Customer as to the parties’ agreement and supersede any prior agreement between them. Any amendments to this Agreement shall be effective and binding on Bubbs only if any such amendments are in writing and signed by both parties.

e. Force Mejure: "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars). Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event. A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will: (a) notify the other in writing; and (b) inform the other of the period for which it is estimated that such failure or delay will continue. The affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.

f. Severability: If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.