Terms & Conditions
In these terms the following words will have the following meanings: “Terms” means the terms set out below and overleaf (and where any terms below conflict with any terms overleaf the terms overleaf will take precedence); “Company” means Coffee Solutions; “Customer” means the person, persons or company, the company undertakes to supply any Goods and/or provide any Services; “Goods” means the goods, and/or services provided by Coffee Solutions; “Services” means any services (but not limited to servicing, repairs and training) which the Company agrees to provide to the Customer.
COMMENCEMENT AND DURATION
This Contract will commence when it is signed by the Company or the Company’s authorized representative and will continue for a minimum fixed period of 12 months or the Minimum fixed Period specified in the schedule and thereafter shall automatically be renewed for a further 12 months on each anniversary of the commencement date unless terminated by either party giving at least three months written notice prior to the next anniversary of commencement date. (subject to the provisions for earlier termination contained herein)
APPLICATION OF TERMS
These Terms of Sale and Supply form the whole agreement between the Company and the Customer and may only be varied by agreement in writing signed by the Company and Customer. No other express terms, written or oral, shall be incorporated into the contract.
THE CUSTOMER WILL PROVIDE
Suitable sites for the machine/s, a Supply of drinking water (where applicable) and power as appropriate to within three feet of each machine as follows; Drinking water 15mm copper piping terminating in to ¾” BSP stopcock (Same as a washing machine or dishwasher connection). Electricity Power 200/240 A.C. Single Phase terminating in 13/15-amp outlet. (Unless otherwise informed)
The customer warrants in connection with the provisions of such supplies that it is aware of and will comply with the obligations imposed under the Health and Safety at work act 1974 and all other statutory obligations in force from time to time
Reasonable access facilities and cleaning facilities for the appropriate Company’s staff. Insurance for the machines specified overleaf up to the full replacement value. Cover will be fully comprehensive to include all the usual risks including loss or damage by fire and /or theft and/or vandalism unless otherwise specified overleaf. If the Company’s property is damaged by vandalism, misuse, or due to circumstances outside of our control whilst the machine/s are on the Customer’s premises the Customer agrees to pay the cost of replacement or repair to the Company.
The Company will provide maintenance, filling & cleaning, stocking and cash collection services for the equipment (where applicable / and agreed) between the hours of 0800-1730 Mondays to Fridays (excluding weekends & Bank holidays) unless otherwise agreed & specified overleaf.
If during the period of our Warranty/Service plan the machine/s proves to be defective in materials or workmanship for the agreed period as set out overleaf the Company will, without charge for labour or parts, repair or replace the machine/s or the defective parts upon the terms and conditions set out below.
1. Call outs are made within 24 Working hours (Current average within 6 hours)
2. Priority call out over non contracted customers
3. Help line available 8.00am-10.00pm Mon to Fri. 9.00am-4.00pm Sat & Sun
4. Loan equipment if we cannot get your machine repaired within 48 hours
The Customer shall during this Contract allow any authorised representative of the Company access to the equipment to carry out their obligations under this Contract to inspect the equipment or for any other purpose associated with the Terms of this Contract at any time during the Customer’s normal working hours. The Company’s service engineers will only perform maintenance and breakdown service.
Service agreement types are as follows
Free On Loan includes all service and maintenance (unless specified overleaf) subject to agreed volumes and costs. Full fill/clean services, charges as agreed.
The Company warrants only that the Goods will perform in accordance with the specification published by the Company and for this purpose will be free from material defects in materials and workmanship for a period of 12 months from the date of delivery/collection.
The Warranty/Service Plan will cease immediately if; the Goods are modified or added to in any way not agreed in advance in writing with the Company; the instruction contained in the operator’s manual are not complied with; or the Goods are serviced, relocated and/or maintained or repaired by anybody other than the Company or the Company’s authorised service agent.
The following are not covered by the Warranty/Service Plan:
Relocation of Goods, Waste pipe or bucket being full or blocked; Blocked steamer – “no steam” caused by the outlet holes on the steamer not being cleaned; blocked milk frother – “not frothing” caused by milk frother not being cleaned or caused by stale milk. Cleaning issues, accidental or deliberate damage, Please note this also applies to over tightened steam and water valve handles, water, fire improper ventilation, scale related calls (If no Brita filter fitted), Chiller units or any cause beyond the control of the Company. Or the contract states that the Goods are sold as seen with no warranties given or implied.
INSTALLATION AND TRAINING
Training on use and daily maintenance is given at the time of installation. Any calls for further training on a day other than that of installation will be charged by the Company and paid for by the Customer at the Company’s standard rates in force at that time.
Installation, commissioning, demonstration or supervision is not included in the price of the Goods. The Company at its sole discretion may agree (but is not obliged) to provide such additional charge specified by the Company. Any such additional services shall be provided subject to those Terms and Conditions.
USE OF EQUIPMENT
The Customer shall only use the Equipment in a careful and proper manner and will comply with all applicable laws, rules, statutes, regulations and orders regarding the use, maintenance of storage of the Equipment.
PRICE AND PAYMENT
All equipment and goods remain the property of the Company until payment has been made in full.
The Customer will make payment for the Goods and/or Services including VAT on the Terms and period agreed in writing between the parties, (or in the absence of any agreement full payment will be made in pounds sterling within 30 days of the date of issue of the Company’s invoice) without any deduction, set-off or withholding. If you fail to pay on time we may charge interest on the money owing at 5% above Barclays Bank base rate, on a daily basis until paid; and/or withhold sales, service and supplies or terminate our contract with you, without incurring any liability to you in doing so.
No payment will be deemed to have been received until the Company has received cleared funds. If the funds do not clear the Company reserve the right to pass on any charges it may incur.
Time for payment will be of the essence of the agreement and the Customer will indemnify the Company against all expenses and legal costs incurred by the company in recovering overdue amounts.
All payments payable to the Company under any agreement will become due immediately on termination of any agreements despite any other provision of these Terms.
The Company is entitled to allocate payments received in any order or manner it shall determine.
After the first year of this agreement the Company shall be entitled to vary all or any of the charges up or down as specified overleaf to the Customer and if such price change results in an increase of more than fifteen percent of the currently charged price the Customer may cancel this agreement delivering written notice to the Company not less than fourteen days prior to the effective date of the price change.
Goods supplied in accordance with a Customer’s order may be returned at our discretion provided the Goods are unused. The Customer will pay a 15% re-stocking charge for the Goods returned.
On delivery or collection of any Goods the Customer shall examine them immediately and within 24 hours notify the Company in writing of any visible defects, short delivery’s or omission to the Goods.
The Customer shall permit all such goods to be inspected by the Company. In the absence of the receipt of such notice the Customer agrees that the Company shall be discharged from all responsibility and liability in respect thereof.
Delivery is deemed to occur on the date when the Goods are delivered to the Customer’s premises, or nominated delivery address or if the Goods were collected.
The Company will use its reasonable endeavours to deliver the Goods and/or provide the Services mentioned by the Company. The company will not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of Goods and / or services and any such delay will not entitle the Customer to terminate or rescind the Contract unless delay exceeds 60 days.
RISK AND OWNERSHIP
Risk of loss or damage of any kind to the Goods shall pass to the customer upon delivery of the Goods to the Customer’s nominated premises or upon collection of the Goods from the Company’s premises by or on behalf of the Customer.
Notwithstanding the passing of risk, title of the Goods will not pass to the Customer until payment is received in full by the Company.
Until property has passed in accordance with the above clause the Company may recover such Goods and the Customer grants to the Company, its employees and agents, an irrevocable licence to enter the Customer’s premises to reclaim such Goods.
In the event that the Customer upgrades to a new or different piece of equipment during this Contract and the Customer enters into a fresh Contract with the Company for Services and Supplies then this current Contract will be terminated without any penalty to the Customer.
The Company may terminate the Contract immediately and/or cancel the deliveries of Goods and/or provision of Services if:
The Customer fails to pay the price on the due date;
The Customer is in breach of any term of the Contract and has failed to remedy such breach within 28 days of receipt of written notice specifying the breach and requiring it to be remedied;
There is a material change in the ownership or control of the Customer; or the Customer is wound up or becomes insolvent or has a receiver appointed or suffers the appointment or the presentation of a petition for the appointment of an administrator or any equivalent or analogous event occurs in any other jurisdiction.
This agreement may also be terminated by the Customer if the Company fails to provide the services as specified in the Contract having first given written notice of any such breach and allowing one month to correct the situation.
Any attempt by the Customer to terminate this agreement before the end of the Contracted terms will constitute a breach of contract and will render the customer liable to compensate the Company for the loss of income which it will suffer as a result of any early cancellation together with any reasonable costs incurred as a result of the cancellation.
The compensation claim will start from the date of early termination to the end of the contractual term or notice period. All figures will be based on the contracted quantity or based on the previous six months trading.
All terms of the contract between the Company and the Customer are contained in this document and no variations shall be relied upon unless confirmed by an officer of the Company in writing. All other conditions, warranties and representations, expressed or implied, howsoever given or arising are hereby expressly excluded.
OTHER OBLIGATIONS OF THE CUSTOMER
The Customer shall:
a) keep the Equipment at all time in his possession or control and on demand inform the Company of the whereabouts of the Equipment;
b) At his own expense keep and maintain the Equipment in good and serviceable repair and condition and promptly replace any missing unfit or damaged parts;
c) Be absolutely responsible for any loss of or damage to the equipment whether or not such loss or damage is occasioned by the Customer’s act or default and fully indemnify the Company against all such loss or damage;
d) Give immediate notice in writing to the Company of any damage to the Equipment or any theft, seizure or loss of possession of the Equipment or of any change in the Customer’s address;
The Company shall have the right to suspend delivery and/or cancel or reduce the volume of any goods supplied and shall not be liable in any way for loss, damage or expense arising directly or indirectly from this.
The Company accepts no liability for any failure to deliver Goods or carry out Services arising from circumstances outside the company’s control.
Non-exhaustive illustrations of these circumstances are Acts of God, war, riots, explosions, abnormal weather conditions, earthquake, fire, flood, failure of electricity, strikes, lockouts, Government action or regulations (U.K. or otherwise) delay by and shortage of materials, labour or manufacturing facilities or failure or delays of the company’s suppliers.
If any of the provisions of these Terms is declared illegal, invalid or unenforceable by any competent court, tribunal or administrative body, then all provisions or any parts that will remain in force and effect.
The Customer will not assign or transfer the Contract or any part of it without the Company’s prior written consent.
Any notice required or permitted to be given by either party to the other under the terms will be in writing addressed to that other party at its registered office or principal place of business or such other address as may be notified to the other party from time to time.
The Company will not be liable to the Customer or deemed to be in breach of these Terms by reason of any delay in preforming or failure to perform any of its obligations under these Terms if such delay or failure was due to any circumstances beyond the Company’s reasonable control (including but not limited to, any Act of God, riots and commotion, fire, industrial dispute or circumstances of an unexpected or exceptional nature). If the Company is unable to perform its obligations under these Terms in accordance with this clause it will notify the Customer of the nature and extent of the circumstances in question.
The Company reserves the right to correct any clerical or typographical errors or omissions in any sales or promotional literature, price list, order, invoice or other document issued by the Company without any liability. Any general description contained in any sales literature or advertising materials relating to the Goods and/or services will not form a representation or part of these Terms or any Contract.
In the event that the Customer uses any agents introduced by the Company for finance, Goods or Services directly and not through the Company an introduction fee of £150.00 will be charged to the Customer.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The English Courts will have exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this Agreement, except that either party may bring proceedings for an injunction in any jurisdiction.