Terms & Conditions
Crown Water & Coffee Terms & Conditions of Trade
Definitions The following expressions shall have the following meanings:
Crown Crown Water & Coffe =, division of Circon Ltd
Customer = The Customer of Crown
T & C = Crown Terms & Conditions of Trade
Agreement = Agreement between Crown and the Customer.
Crown will supply Equipment to the Customer on a Rental-, Free on Loan- or Sale (with or without a Service and Ingredients Contract). The Customer will purchase Ingredients, Supplies and Services from Crown, according to a Schedule which forms an integral part of the Agreement, which specifies the Equipment and the Services supplied by Crown and the Supplies and Ingredients to be purchased by the Customer. Equipment Water Coolers, Water Boilers, Coffee Equipment, Vending Equipment and similar equipment supplied by Crown as part of the Agreement. Ingredients - The Ingredients and supplies which are identified in the Schedule and which the Customer agrees to purchase exclusively from Crown Rental- or Free on Loan Agreements.
- Crown will install the Equipment free of charge and provide the services laid down in the Schedule. Initial Customer training is included as part of the Equipment installation.
- The Customer will pay rent (if applicable) and purchase all Ingredients exclusively from Crown, as specified in the Schedule.
- The Customer will pay all invoices raised by Crown according to Crown’s terms as separately advised.
- Routine servicing and breakdown cover of the Equipment is provided by Crown free of charge. Repair due to wilful damage, mishandling, unauthorised moving of the Equipment or scale is chargeable. If the Agreement includes the installation and maintenance of a correctly calibrated scale filter, then damage caused by scale will be included in the service and breakdown cover. If however the capacity of the Scale Filter is too low for its actual use, then scale related damage will not be covered.
- The Customer will prepare the installation site for the Equipment and where applicable will provide access to potable water, waste and an electric power point to within 1.5 metres of the installation site.
- The Customer will provide access to the Equipment to Crown staff at all times
- Ownership of the Equipment remains with Crown.
- The Customer will insure the Equipment to its full replacement value against all usual risks and will compensate Crown for any loss or damage to the Equipment.
- Failure by the Customer to purchase Ingredients according to the Schedule allows Crown to terminate the Agreement. In case of a Rental Agreement Crown will invoice the Customer for the remainder of the rental charges of the Agreement and will invoice and supply ingredients to 50% of the remaining value of the Ingredients commitment. In case of a Free on Loan Agreement, Crown will equally invoice and supply the Customer for 50% of the remaining value of his Ingredients commitment. On termination of the Agreement all outstanding invoices become payable with immediate effect.
- If the Agreement is terminated by the Customer before the end of the Agreement period, the Customer agrees to pay the remainder of any rental charge (if applicable) and to purchase ingredients to 50% of the value of the remaining ingredients commitment (Can be any ingredients supplied by Crown). On termination of the Agreement all outstanding invoices become payable with immediate effect.
- At the end of the Agreement period, termination by either party must be in writing with a 90 day notice period, otherwise the Agreement continues automatically for a further full 2 months. The 90 day notice period continues to apply to the end of that 12 months period and if not cancelled within that notice period, the Agreement rolls on for a further full 12 months, and so on.
- New Equipment is sold with a 12 months warranty, from the date of delivery, for material defects, defects in design and defective workmanship. Not included in the warranty is wilful damage. 2nd hand Equipment is sold without a warranty. Any warranty issue should be notified by the Customer in writing within 3 days of discovering the defect.
- The Customer agrees to purchase all Services and Ingredients exclusively from Crown, according to the Schedule included in the Agreement
- The Customer agrees to pay all service and other charges in accordance with the Agreement and for Ingredients supplied according to Crown’s terms as separately advised.
- The Customer will prepare the installation site and where applicable provide potable mains water, waste and an electrical power point to within 1.5 metres of the installation site.
- Included in the Agreement is the installation of the Equipment and initial operator training by Crown.
- Routine servicing and breakdown cover of the Equipment is provided by Crown free of charge. Repair due to wilful damage, mishandling, unauthorised re siting of the Equipment or scale is chargeable. If the Agreement includes the installation and maintenance of a correctly calibrated scale filter, then damage caused by scale will be included in the service and breakdown cover. If however the capacity of the Scale Filter is too low for its actual use, then scale related damage will not be covered.
- The Customer will provide access to the Equipment to Crown staff at all times.
- At the end of the Agreement, termination by either party must be in writing with a 90 day notice period, otherwise the Agreement continues automatically for a further full 12 months. The 90 day notice period continues to apply at the end of that 12 months period and if not cancelled within the notice period, the Agreement rolls on for a further full 12 months, and so on. On termination of the Agreement all outstanding invoices become payable with immediate effect.
- Title of the Equipment shall remain with Crown until the Equipment has been paid for in full.
Equipment Sold without a Service and Ingredients Supply Agreement
- New Equipment is sold with a 12 month warranty, from the date of delivery, for material defects, defects in design and defective workmanship. Not included is wilful damage or damaged caused by scale. 2nd hand Equipment is sold without a warranty. Any warranty issues should be raised by the Customer within 3 days of discovering the defect.
- The Customer accepts that the equipment must be installed by competent staff. This is particularly relevant to any electrical connection work or to connecting to the mains water supply. Failure to use competent staff will negate the warranty.
- Any repair work carried out on the Equipment by a third party negates any warranty.
- Title of the Equipment shall remain with Crown until the Equipment has been paid for in full.
Universal T & C clauses which are applicable to ALL Rental-, Free on Loan- or Sale Agreements
- Except in respect of death or injury caused by Crown’s negligence, the Customer agrees not to hold Crown liable for any damage whatsoever, consequential or indirect loss, or other claims which arise out of provision of services or the use of the Equipment by the customer whether under a claim in co ntract or tort.
- Crown reserves the right to increase Equipment-, Service- or Ingredients prices as necessary, subject to written confirmation.
- These T & C’s override any conflicting terms or conditions referred to in any other document issued by the Customer. No variations or waiver of these T & C’s shall be effective unless issued in writing by Crown.
- This Agreement is made between Crown and the Customer. It is not transferable to third parties, other than in the case where the Customer’s business is being sold, in which case
the new owner(s) take over the responsibilities of the Customer. January 2014
Crown Water & Coffee is a division of Circon Ltd.
Registered in England 5121722
Cedar House, Grange Farm, Long Lane, Shaw, Newbury, RG14 2TF Tel: +44 (0)1635 200415 Fax: +44 (0)1635 202499
e-mail: enquiries@crowncoffee.co.uk web: www.crowncoffee.co.uk