Any contract agreed upon between the Company (Bean 14 Ltd) and the Customer is bound by the following terms and conditions, otherwise known as the company’s standard terms and conditions.
1.1 Customer means the customer specified overleaf and includes the Customer’s successors and assignees.
1.2 Bean 14 and Bean 14 Ltd mean Bean 14 Limited, its partners, assignees, subcontractors or third parties introduced by Bean 14 Limited in order to facilitate the agreement specified overleaf.
1.3 Equipment means any and all machines specified overleaf together with replacements, renewals, additions and accessions made to it.
1.4 Annual Maintenance Contract means the agreement between the Customer and Bean 14 to maintain the machines stated overleaf.
1.5 Operating Contract means the agreement between the Customer and Bean 14 Ltd, to operate the machines specified overleaf.
1.6 Product supply contract means the agreement to supply the ingredients listed overleaf at the costs specified, or current price list.
1.7 Lease Plan (Lease Hire / Lease Purchase) means the agreement under which the Customer leases the equipment from a leasing / finance Company or Bean 14 Ltd.
1.8 Written notice includes printed letters delivered to the Customer and e-mails sent to the address provided by the Customer.
2 EQUIPMENT & INSTALLATION(S)
2.1 Bean 14 Ltd will supply and install the machines specified under this agreement at the address specified overleaf or on an equipment schedule.
2.2 The customer will be liable for any cost associated with a order cancellation, if the order cannot be cancelled, for any reason, the customer is liable for any costs associated with the order.
2.3 The delivery and installation dates specified are provisional and may be changed by giving written or verbal notice to the Customer.
2.4 The Customer shall be responsible at his or her own cost for the provision at the installation site of:
2.4.1 Suitable power supply within 1 metre of the intended location of each machine.
2.4.2 Suitable plumbing connection within 1 metre of the intended location of each machine.
2.4.3 Suitable drinking water within 1 metre of the intended location of each hot drink machine or water cooler.
3 OPERATING CONTRACT
3.1 The operating contract shall commence on the date of installation of the first machine and shall remain in force for the fixed lease or lease period. Thereafter it will continue until such time as either party cancels the agreement by giving three months written notice.
3.2 Bean 14 Ltd shall provide a full cleaning and sanitising service to the machines overleaf and shall stock the machines between the hours of 6am and 5pm Monday to Friday unless otherwise agreed between the Customer and Bean 14 Ltd. Any such agreement will be confirmed in writing.
3.3 The Customer will provide reasonable access to the machines to enable Bean 14 Ltd to carry out the services outlined in the agreement.
3.4 Although Bean 14 Ltd will do its utmost to absorb any increase in costs, they shall be entitled to increase prices, giving one month’s notice of any increase to the Customer, in writing.
3.5 The Customer will provide a suitable supply of drinking water and electricity for the satisfactory operation of the machines.
3.6 The Customer will provide an area suitable for cleaning and sanitising machine parts.
4 ANNUAL MAINTENANCE CONTRACT
4.1 The Annual Maintenance Contract (herein known as ’AMC’) shall commence on the date of installation of the first machine and shall remain in force for the fixed lease or lease period.
4.2 Although Bean 14 Ltd will do its utmost to absorb any increase in costs, they shall be entitled to increase prices, giving one month’s notice of any increase to the Customer, in writing.
4.3 Bean 14 Ltd shall maintain all machines specified under this agreement on condition that the machines have been cleaned in accordance with the manufacturers guidelines and have not been misused or vandalised or in anyway by the Customer, its employees, agents or third parties. The maintenance contract is dependent on water filter changes being carried out as per the manufacturers’ and their agent’s recommendations. Any and all final decisions as to whether a machine has been misused or vandalised will rest with Bean 14 Ltd.
4.4 The ‘AMC’ charge WILL NOT cover the following:
a Boiler inspections: The customer is responsible for boiler inspections, if required, time will then be chargeable at the standard rate.
b. Variable use components and refrigeration systems.
4.5 Bean 14 Ltd shall not be liable for any loss, consequential or otherwise, from stoppage, breakdown or failure of the machines or water supply.
4.6 The ’AMC’ can be cancelled by Bean 14 Ltd without notice, if any machine or machines are moved from the address overleaf, or if the machine or machines are repaired or interfered with by any person other than a Bean 14 Ltd authorised representative.
4.7 The ‘AMC’ will be on condition that all terms contained in article 6 have been adhered to, failure to adhere to this will void any active ‘AMC’ specified with no cause for refund.
4.8 Service Level Agreement: Site attendance within twenty-four hours of the issue being reported to Bean 14 Ltd (excluding weekends and bank holidays).
4.9 The customer (as specified under this agreement) must take the ’AMC’ for the duration of the Lease Hire Term, per machine.
5 MANAGEMENT CONTRACT
5.1 The Management contract encompasses all terms contained in articles 3 and 4 above.
6 PRODUCT SUPPLY
6.1 Bean 14 Ltd will exclusively supply the customer with the ingredients and cleaning supplies for use in or with the machine(s) at the prices stated on their price list or as agreed overleaf between Bean 14 Ltd and the Customer.
6.2 Although Bean 14 Ltd will do its utmost to absorb any increase in the cost of raw materials, Bean 14 Ltd shall be entitled to increase / decrease prices.
7.1 Payment for all Management, Operating and Annual Maintenance Contracts shall be invoiced monthly in advance.
7.2 Any change to fees or charges in 7.1, will be notified to the Customer in writing, with at least one month’s notice being given by Bean 14 Ltd.
7.3 Payment terms are 20 days from the end of the month in which the invoice was issued, Bean 14 Ltd has the right to charge interest at 3% above current base rate on all overdue payments.
7.4 Failure to pay monies due according to these terms may lead to services being stopped until such time as outstanding monies are paid. This will be at the discretion of the Directors of Bean 14 Ltd.
7.5 In the event of non-payment, the signatory(s) agree to be held liable for any monies due to Bean 14 Ltd.
8 CARE OF THE EQUIPMENT
8.1 shall keep the Equipment safe at the address stated overleaf and may not move it elsewhere without written consent from Bean 14 Ltd.
8.2 is responsible for all loss or damage to the Equipment (except fair wear and tear) even if caused by acts or events outside his control.
8.3.1 keep the Equipment properly protected and in good working order;
8.3.2 not allow a repairer or any other person to obtain a lien on or right to retain the Equipment;
8.3.3 comply strictly with all legal requirements relating to the Equipment and the written instructions of the manufacturer or other supplier and ensure that the Equipment is maintained and operated in a manner which is safe and without risk to health;
8.3.4 permit Bean 14 Ltd or its authorised representative at all reasonable times to inspect and test the Equipment, to affix nameplates to it and to enter upon any land or premises for this purpose.
8.3.5 shall not:
18.104.22.168 sell or attempt to sell or dispose of the Equipment or part with possession of it, except for the purpose of repair.
22.214.171.124 make any material alteration or addition to the Equipment or permit it to become affixed to any land or building.
9.1 The Customer shall keep the Equipment continuously insured under a fully comprehensive policy of insurance, free from restriction or excess, covering the Equipment to its full replacement value against fire, theft, accidental damage and other risks against which it is commercially prudent to insure against.
10 RESPONSIBILITY FOR THE EQUIPMENT AFTER TERMINATION
10.1 Upon termination of this Agreement, the customer shall return the Equipment to Bean 14 Ltd at their expense to any address in Guernsey, as specified by Bean 14.
11 CUSTOMER’S ACKNOWLEDGEMENT AND INDEMNITY
11.1 The Customer acknowledges and warrants that; acceptance by the customer of delivery of the Equipment is conclusive proof that they are satisfied that it is in all respects in good working order and in conformity with their requirements;
11.2 The Customer indemnifies Bean 14 Ltd against all claims, damage, loss, costs and expenses (including all legal costs on a full indemnity basis) arising out of the possession or use of the Equipment, except in respect of injury or death caused by the negligence of Bean 14 Ltd.
12.1 Bean 14 may search the Customer’s record at credit reference agencies. If this is done, the credit reference agencies may add, to their record about the Customer, details of the search by Bean 14 and the Customer’s application. These details will be available to other organisations which make searches.
12.2 Any relaxation or indulgence which Bean 14 Ltd may grant to the Customer shall not affect the Customer’s strict rights under this agreement.
12.3 The Equipment shall at all times remain the property of the Finance company and / or Bean 14 Ltd and the Customer shall have no right or interest other than as a bailee, unless purchased outright.
12.4 Where two or more persons are named as the Customer their liability shall be joint and several.
12.5 The customer acknowledges that the standard terms and conditions of Bean 14 Ltd will undergo reasonable changes from time to time, which will apply in all dealing with Bean 14 Ltd.
12.6 Bean 14 Ltd reserves the right to apply / update branding (physical or digital) to the Lease Hire machine(s).
13 EXCLUSION OF THIRD PARTY RIGHTS
14.1 Nothing in this agreement shall be construed as creating a right which is enforceable by any person who is not a party or a permitted assignee or transferee of a party to this agreement.
14 GENERAL PROVISIONS
14.1 This agreement shall be governed by, and construed in accordance with, the law of the Island of Guernsey and shall be subject to the non-exclusive jurisdiction of the courts of Guernsey.
14.2 No variation of this agreement or of any documents referred to in it shall be valid unless in writing and signed by or on behalf of the Customer and Bean 14 Ltd.
14.3 If any provision of this agreement shall be found to be illegal, invalid or unenforceable, it shall be severable from, and shall not affect, the other provisions of this agreement which shall remain in full force and effect.