Terms & Conditions

COFFEE 247 LTD TERMS & CONDITIONS ISSUE 1 OCTOBER 2007 1. General All quotations are made and orders accepted subject to the following Conditions of Sale and no alteration or modification or term herewith shall take effect unless such alteration, modification or term is expressly accepted by Coffee 247 Ltd (hereinafter called “The Company) in writing and signed by a responsible official of the company 2. Information Prior to Quotation Should any information or data supplied by the customer (hereinafter means the person, firm or company ordering or buying goods from the Company) to the Company for the preparation of the quotation or contract prove not to be sufficient or accurate, the Company reserves the right to amend the quotation and (when applicable) to make any alteration or amendment in the quoted price or contract to cover any resultant increase in cost. 3. Drawings & Specifications etc All descriptions specification, drawings, illustrations and particulars of weight, dimensions and performance submitted by the Company shall be approximate only and intended merely to present a general idea of the goods described in therein. 4. Validity Any quotation or contract whether verbal, or written, issued by the Company, shall be open for acceptance for thirty days only and further the company may withdraw any quotation or tender at any time prior to acceptance and will incur non liability for such withdrawal. 5. Work and Fees not covered in the price This contract covers the items of the specification only and unless otherwise expressly stated does not include the cost of any of the following (for whatever purpose they may be required) Builders, Plumbers, Painters or Electricians work, or any other outside Contractor, nor does this order include fees of District Surveyors, Insurance Inspectors or any other such fees. Unless stated the Company reserves the right to charge for delivery, collection, re-sites and any other movement of equipment the Customer may require. 6. Prices The Company reserves the right to vary its prices and unless expressly specified in the quotation goods will be supplied and invoiced at the prices prevailing at the time of delivery. 7. VAT The prices quoted are exclusive of VAT which will be added to the invoice at the rate then current and appropriate to the transaction. 8. Delivery and Terms of Dispatch The Company will use its best endeavours to deliver the goods upon the delivery date specified and the Company shall be under no liability whatsoever for any failure or delay in despatch of delivery nor for the loss or damage whatsoever arising there from. The customer will be responsible for the completion of all relevant documents and make the initial payment required when leasing or rental agreements are entered into prior to the specified delivery date specified. The company reserves the right to postpone delivery if such documentation is delayed or incorrectly completed. The Company shall be under no liability whatsoever nor for any loss or damage arising there from. The Customer shall be responsible for the provision of mains water (if required by) 15mm copper piping with a shut off valve not less than 160mm from the pipe end and electrical power to the minimum of 13amps or as specified for each of the goods in the quotation upon each site or sites. In the event of goods being delivered and the site and site services being incomplete the Company reserves the right to levy such charges as are necessary to cover the costs of re-delivery and installation. 9. Settlement Terms Unless otherwise specified in the quotation invoices for goods supplied must be on delivery of the equipment. No deductions are allowed. The Company reserves the right to levy a charge amounting to 2% of the net value (based on the company’s bankers published figures for that day) compounding for each 30 days the settlement is overdue. Any uncleared cheques due to any reason will be charged a £50 administration fee, plus any interest due until the cheque or any other form of payment is cleared in full. In addition to this the company reserves the right to charge collection costs incurred on overdue accounts. 10. Liability (a) The Company warrants that the Equipment will be provided using reasonable care and skill. (b) The Company shall have no liability to the customer for any loss, damage, costs, expenses or other claims for compensation arising from the any acts or omissions of any third party in relation to the Equipment or any goods or services supplied by any third party in respect of the Equipment. (c) Except in respect of death or personal injury caused by the Company’s negligence, or as expressly provided in this agreement, the Company shall not be liable to the customer whatsoever for any loss arising out of this contract regardless how such a loss has been incurred and regardless of the circumstances under which it is alleged such as been brought about. (d) The Company shall not be liable to the customer or be deemed to be in breach of this agreement by reason of any delay in performing, or any failure due to any cause beyond the company’s immediate control. (e) Save as expressly provided in these conditions, all warranties, and conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. 11. Specifications Alterations The company reserves the right to make any alterations in the specifications or design of any goods and deliver goods conforming to the altered design or specification in fulfilment of any order provided there is no change in the basic function of the goods so delivered. If the Company decides to alter the specification or design of any goods it shall be under no obligation to apply such alteration to any goods previously ordered or delivered. 12. Storage If forwarding instructions are not received by the Company within seven days of notification that the goods are ready for despatch, the customer shall take delivery or arrange storage at the customers own expense and shall be deemed to be responsible for the goods. Payment for the goods will become due provided in clause 9 and all goods, equipment, tools and apparatus so delivered shall be entirely at the customers risk as from the time of delivery to the customer’s premises or to the address advised by the customer. 13. Claims for Damage/ Storage In the case of any alleged shortage or damage to the goods, the customer must endorse the delivery document and submit a written claim to the company within 3 days after the receipt of goods by the customer and the claim must be sent by recorded delivery. 14. New Equipment Guarantee (a) The Company guarantees that should any defect occur in the goods other than wear or tear or by the negligence of the customers employees or his nominated agents within twelve months from the date of delivery, the Company shall repair or at the Company’s discretion replace the said part or parts at the Company’s cost excluding the cost of postage and packaging where applicable and the cost of labour and excluding filters, fuses, fluorescent and other lights. The Company will, unless instructed differently, fit one new water filter onto each machine every 25,000 vends or twice a year, whichever happens sooner, a charge will be made based on the current price list at that time. The customer is responsible for notifying the company that 25,000 vends have occurred should this number of vends occur sooner than 6 months from delivery or 6 months since the last filter change. (b) The Company guarantees that no charge will be made for the labour employed in repairing the goods within three months from the date of delivery should any defect occur in the goods other than by fair wear and tear or by the negligence of the customer’s employees or his nominated agents. (c) The customer will only use products supplied to the customer for use in the equipment supplied and any guarantee or warranty is terminated should goods other than those supplied by the company be used by the customer in the equipment supplied, and the company’s obligations to the customer thereby cease immediately including but not including but not limited to the obligation to maintain or repair the equipment, which shall only be undertaken by the company staff or agents at the expense of the customer. 15. Return of Goods Goods cannot be returned to the company unless an agreement has been made to that effect in writing with an official of the Company. Acceptance by the Company of returned goods shall not be deemed to be evidence of any agreement to cancel an order or an admission of any defect in such goods. The Company may make a charge for collection, storage (including any cleaning, sterilisation, sanitation, etc) and re-delivery of any equipment so returned. 16. Cancellation Orders accepted by the Company cannot be cancelled without written consent of an official of the Company and may be subject to such terms as will indemnify the Company against loss whatsoever. 17. Applicable Law English law shall apply and any dispute shall be settled in English courts. 18. Retention of Title All supplied goods remains the property of the Company until cleared payment has been made in full and the customer hereby expressly authorises the company to enter on to the customers premises during normal working hours to collect goods sought to be collected as a result of non payment or partial payment. 19. Equipment is ordered at the customers request and is not conditional upon the Company arranging suitable finance. In the event the customer cancels the order prior to or following installation and fails to complete or accept the Company’s or a third parties financial offer the Company reserves the right to charge the client in full order value and all costs incurred to include but not limited to administration, transport, labour and plumbing costs. 20. Where the customer requests the Company to undertake plumbing on their behalf the Company does not accept any liability or offer any warranty. 21.Any equipment supplied on the Company’ payment plan is conditional on the customer maintaining the payments as per the agreed schedule and maintaining payments on their ingredients account in line with the company’s credit terms. In the event the customer fails to maintain payments on either account the company reserves the right to remove the equipment and any consumables not paid for. 22. Once installed the customer may not re-locate the equipment either within the premises they were originally installed or elsewhere without the prior written consent of the company and does so strictly at the customers own risk. Furthermore such re-location may only be carried out by the company’s staff or agents at the expense of the customer unless otherwise agreed in writing. The customer warrants that it will be liable to the company for any damage occurring to the goods during the re-location process should the company give permission for the goods to be re-located and such re-location is not carried out by the company, staff or agents. 23. Where goods supplied are paid for by the customer pursuant to any kind of financial agreement that requires the goods to be sold to a finance company but supplied by you we agree that the goods supplied are sold to the finance company. The goods become your property only when the finance company releases title to you. In circumstances you agree to comply with these terms and conditions in exactly the same way as if they were supplied to you under a sale agreement directly with the company with appropriate modifications to the terms and conditions herein as required to give these terms and conditions meaningful effect. 24. The Company shall have the right to terminate the contract forthwith where the customer becomes insolvent or bankrupt or makes enforced or voluntary arrangements either with its creditors or suffers receivers to be appointed or being a corporate body enters into liquidation (other than in connection with a reconstruction or amalgamation) in any of which cases the company shall have no obligation hereunder and the price for the goods delivered and work done shall become immediately due and payable. 25. Assignment/ Contracting Out (a) The company, in its absolute discretion, assign this agreement to any other party (the third party) without the consent of the customer. Furthermore the company may, in its absolute discretion, contract out to a third party the performance of any of the terms of this contract whether permanently or on a one off basis without the consent of the customer. In such circumstances the customer agrees to provide to the third party all rights set out in this agreement to enable the third party to fulfil the terms of this agreement. (b) The customer may not assign the agreement to any third party without written consent not to be unreasonably withheld. 26. The obtaining of any necessary consents for the installation of goods whether from local or other authorities for ensuring that the installation of the goods is in accordance with the provisions of any by-laws, regulations or statutes shall be the responsibility of the customer, 27. We reserve the right to make one or more searches with a credit reference agency, which will keep a record of that search and will share that information with other businesses. We may also make enquiries about the principal directors with a credit reference company. If supplying payment data to a credit reference agency we will monitor and record information relating to your trade performance and such records will be made available to credit reference agencies, who will share that the information with other businesses in assessing applications for credit and fraud prevention. 28. Relaxation or Forbearance No relaxation, forbearance, delay or indulgence by the company in enforcing any of the terms or conditions of the contract or granting of time by the company to the customer shall prejudice, affect or restrict the rights and powers of the company hereunder nor shall any waiver by the company or any breach hereof operate as a waiver of any subsequent or any continuing breach hereof.