Terms and Conditions

This agreement constitutes the entire agreement between the parties for the supply of goods and services including installation
and service agreements. The obligations of both the Company and the Customer are defined herein.
The Agreement Between: Coffee Perfection Ltd, Unit 69 Dunboyne Business Park, Co Meath And The Customer:

Section 1: Supply of Goods and Services

Reservation of Title:
1. Title to the property supplied by the Company to the Customer shall not pass until the Company has received payment in full of the purchase price however arising, for which payment is due from the Customer to the Company.
2. The Company reserves the right to re-possess any goods supplied to the Customer in respect of which payment is overdue and/or terms of supply have not been compiled with.
3. Equipment provided on rental, trial and /or loan basis will remain the property of the Company at all times.
4. Risk of damage to or loss of the deliverables shall pass to Customer upon delivery to the Customer in accordance to this agreement and the signature of any employee of the Customer on the delivery docket shall the conclusive of such delivery.
Supply of Goods:
1. The Company undertakes to sell to the Customer all coffee, tea & ancillaries (sugars, cups, stirrers & cleaning products) as required. The Customer commits that only products provided by the Company will be used in equipment supplied on rental / loan / trial basis from date of installation and throughout duration of agreement.
Care of Rented / Loaned equipment:
1. The Customer shall:
  1. Not remove any labels from and / or interfere with rented / loaned Equipment and take reasonable care of such equipment and only use it for it’s proper purpose in a safe and correct manner in accordance with any operating and/or safety instructions provided or supplied to the Customer.
  2. Notify the Company immediately after any breakdown, loss and/or damage to the equipment.
  3. Take adequate and proper measures to protect the equipment from theft, damage and/other risks.
  4. Permit the Company at all reasonable times to inspect the equipment including procuring access to any property where the equipment is situated.
  5. Be responsible for the conduct and cost of any cleaning, maintenance and checks in relation to the equipment required by operating instructions, best practice and/or legislation except to the extent that the Company has agreed to provide them as part of service.
  6. Not continue to use equipment where it has been damaged and notify the company immediately if the equipment is involved in an accident resulting in damage to the equipment, other property and/or injury to any person.
  7. Ensure that the equipment is returned to the Company in good working order and condition (fair wear and tear excepted) and is in a clean condition.
  8. Must not repair or attempt to repair the equipment unless authorised to do so in writing by the company.
Liability for Rented/Loaned equipment:
1. The Customer shall be responsible for all expenses, loss and/or damage suffered by the company from any breakdown of the equipment due to the customer’s negligence, misdirection and/or misuse of the equipment.
2. If the equipment is returned and damaged, unclean and/or defective state except where due to fair wear and tear or an inherent fault in the equipment, the customer shall be liable to pay the company for the cost of any repair and/or cleaning required to return the equipment to a condition fit for rental/loan.
3. The Customer shall pay to the Supplier the replacement cost and other incurred costs of any equipment which is lost, stolen and/or damaged beyond economic repair.
Term & Termination:
1. This agreement will commence on the date of agreement and end or be reviewed on the termination date where such a date has been agreed. Either party may terminate this agreement by giving the other party three months’ notice in writing served by registered prepaid post.
2. In the event of termination of this agreement by either party, the Company reserves the right to enter the Customer’s premises to re-possess equipment other than that which has been purchases or leased.
Defaults:
1. If the customer:
  1. Fails to make any payment to the Company when due without just cause.
  2. Breaches the terms of the agreement and, where the breach is capable of remedy has not remedied the breach within 14 days of requiring the breach to be remedied.
  3. Persistently breaches the terms of the agreement.
  4. Provides incomplete, materially inaccurate or misleading facts and/or information in connection with the agreement.
  5. Enters into voluntary or compulsory Liquidation, has a receiver or examiner appointed or appears reasonably to the Company to be financially inadequate to meet it’s obligations under the agreement, Then the company shall have the right, without prejudice to any other remedies to exercise any or all the rights set out below:
    - The Company may enter the Customer’s premises and repossess equipment owned by the company.
    - The company may withhold services or cease any services in progress.
    - The company may immediately cancel, terminate or suspend without liability the agreement with the Customer or any other agreement with the customer.
    - All monies owed by the customer shall immediately become due and payable.
    - Upon termination of the agreement the customer shall return rented/loaned equipment to the company or make such Equipment available for collection by the company immediately and pay to the Company all sums payable under the agreement
Material changes to agreement:
1. The customer commits to notify the company immediately in writing of any proposed material change to the contents of this agreement and/or business performance. This includes but is not limited to the following
  - Change of equipment location
  - Change of business ownership
  - Business relocation, change of address
  - Changes in the viability of the business
  - Appointment of a liquidator or administrator
Audit:
1. The Company reserve the right to periodically audit outlets for compliance to the company’s brand standards. Persistent non compliance may result in the company’s withdrawal of brand support, brand usage and equipment service at the customer’s cost.
Order Fulfilment:
1. The company will not be liable for claims for damage or short delivery unless the customer sends notice of any alleged damage or short delivery to the company (through customer care team) within two days of delivery of the goods.
2. The customer will be liable for the non delivered goods unless notice of the alleged non delivery is sent to the company at its appropriate point of distribution.
3. No goods are to be returned unannounced. On the event of goods returning unannounced and without the appropriate documentation, the goods will be refused. If the customer wishes to return goods, a returns request must be communicated to the customer care team within 2 days of delivery of the goods and approved by the customer care manager. Valid reasons for return of goods are as follows: Fulfilment error / Defective product
  Not valid reasons for return of goods include:
  - Out of date stock/short dated stock (where such stock has been in customer storage)
  - Product damaged by customer
  - Over stacking by customer
  On receipt of an approved returns request, a returns order number will be issued to the customer. Goods returned will be checked by the Company and a credit note if required will be raised by the customer accounts team.
Delivery Times:
1. All delivery dates mentioned by the company are approximate only and not of contractual effect. Time of delivery is not the essence of the agreement nor shall the company be under any liability in respect of any delay in delivery for whatever reason.
2. Orders are delivered on normal delivery schedules. The company will endeavour to meet specific delivery times outside of these schedules but it may be liable to an additional charge. The customer will be advised if this at time of order.
Credit Terms:
1. Standard credit terms are 30 days credit from date of invoice. All Payment terms are subject to satisfactory credit clearance.
2. All Equipment sold is payable on Installation.
3. The company may set a reasonable credit limit for the customer. The Company reserves the right to suspend provision of goods or services if allowing it to continue would result in the customer exceeding its credit limit or the credit limit is already exceeded.
VAT:
1. All prices are quotes excluding VAT.
Variation:
1. The company reserves the right to vary prices by such amount as it shall consider to be reasonable and appropriate having regard to the increase in costs of providing such goods and services. The customer will be notified of any variation in the price one month prior to the introduction by the company of the variation.
2. Where pricing discounts have been agreed based on volume targets, the company reserves the right to vary the prices to reflect failure to meet these targets.
Rental payment:
1. The customer shall pay the equipment rental quartally in advance by direct debit. The company reserves the right to repossess any goods supplied to the customer in respect of which rental payment is overdue.
Force Majeure:
1. Any delay in or failure or performance by the company of any of its obligations shall not constitute default by the company or give rise to any claim for damage of and to the extent such delay or failure of performance is caused or contributed to be any event which by the exercise of reasonable diligence the company is unable to provide against.
Health & Safety:
1. The customer is solely responsible for the sale operation of equipment Supplied. The customer agrees to be bound by all relevant National & European health and safety and hygiene legislation. The company is in no way liable for personal injury resulting from improper or unsupervised operation of equipment.
2. In the case of self service units, the customer shall ensure that persons (employees and/or customers) under fifteen years of age do not operate equipment supplied. The customer shall ensure that the unit is in a location where it can be monitored by the customer at all times.
3. The customer shall take out sufficient insurance cover and/or financial cover to protect against loss or damage which may arise from improper operation of the equipment.
4. For safety reasons Coffee Perfection insists on the following:
  - When equipment is not in use, turn off the water supply at source.
  - When equipment is not in use, switch off the power supply at electrical socket.
  - In areas of lime scale or poor water supply, a suitable water treatment system is in place.
Indemnity:
1. The company carefully selects its equipment from a reputable suppliers and uses best practice in the service and maintenance of the equipment that it supplies. However, the Company cannot supervise the use and care of the equipment placed in the customer’s premises. Therefore, the customer shall at all times indemnify the company against all liabilities to other persons for bodily injury, damage to property or other loss which may arise from the use of equipment supplied and against all costs, charges and expenses that may be occasioned by the claims of such persons. Provided always that the customer shall not be bound to indemnify the company against any such liability or claim if the injury damage or loss in question was caused solely by the wrongful act or omission of the company, its servants or agents.
2. Notice of any claim arising out of or in connection with the supply of goods and/or services must be given in writing to the company within 7 working days from the date when the customer became aware of such claim.
Operation of Law:
1. All contracts between the company and the customer shall be construed and take effect in accordance with the laws of the republic of Ireland.

Trading with Coffee Perfection

At Coffee Perfection our passion is to create a perfect cup of coffee. We use our passion combined with our expertise and knowledge to provide our customers with the highest quality products and industry leading customer service. We have a programme in operation of continual improvement of our internal procedures to make certain that we are offering the best customer service and to ensure that we are operating as efficiently as possible. Some of these procedures have a direct bearing on how we conduct business with our clients, and we would like to draw your attention to the following information which we trust will be of assistance to you.

APPLICATION FOR NEW ACCOUNT

Your account manager will furnish you with a welcome pack which contains account application forms, direct debit mandate form and information on Coffee Perfection products and services. Once the fully completed application and direct debt forms have been received by our accounts team, the process normally takes 48 hours for a new account to be set up on our business system. As soon as the account is set up you will be contacted by your account manager and at that point we will be in a position to accept your orders.

BUSINESS HOURS

Normal business hours are:
Monday to Thursday: 8.30am – 5.30pm
Fridays: 8.30am – 5.00pm
Bank Holidays: Closed.

PAYMENT TERMS

Our standard payment terms are by direct debit unless you have a prior agreement. Please ensure that these terms are observed in order to ensure continuity of supply.

Where payment cannot be collected by direct debit on the assigned day of the month, the account will be put on stop and future orders will not be dispatched until the outstanding amount is paid. We will endeavour to contact you by phone to ascertain the reason for non-payment prior to the account going on stop.

QUOTATION REQUESTS TERMS

Where we receive a quotation request for standard products and services, we will endeavour to return a quotation to you within 24 hours. For non-standard or special manufactured material, we will endeavour to return our quotation or request for additional information within 72 hours. In all cases we will confirm receipt of your enquiry by e-mail within two hours if received within normal business hours.

Depending on the nature of your request it will either be handled by our customer services team or transferred to your account manager.

ORDER PROCESS AND TRANSPORT TERMS

We operate a free delivery schedule for all orders over €200 excluding vat. You will be contacted by our customer services team two days prior to your scheduled delivery day to take your requirements and organize for shipment.

For any urgent orders required outside of our free delivery schedule we can arrange a next day delivery via DPD couriers which will incur a charge of €25 + vat.

All orders for next day delivery need to be placed before 12 noon.

Saturday delivery €50 + vat

NOTIFICATION OF DELIVERY DESCREPANCIES

When goods are delivered to your specified address, please ensure that they are fully checked against the details shown on our delivery documentation.

If you receive a delivery without proper documentation, please contact our customer services department and a copy will be sent to you immediately. If there are any delivery discrepancies (shortages, damage to goods or signs of tampering etc) we would ask that you notify us in writing within 2 days of receipt of the goods for any claim to be considered.

MACHINE MAINTENANCE AND EMERGENCY SERVICE REQUESTS

At Coffee perfection we run a program of periodic preventative maintenance to ensure that machines are operating at optimal levels and are producing perfect cups of coffee. When your machine is due for its periodic service you will be contacted by your account manager to discuss the details of the service and cost. You will then receive communication from our service team to agree a suitable date and time to carry out the service at you premises which normally takes one hour to carry out.

For any emergency breakdowns you must contact our service team directly on the below number to discuss the nature of the issue and to arrange a visit from one of our technicians. Sometimes breakdown issues can be resolved over the phone, and you may be asked a series of questions and to provide us with a video of the problem in order for us to diagnose the cause. If the issue cannot be resolved over the phone, we will arrange for a service technician to call to your facility to assist with resolving the problem.

Our service team are available Monday to Thursday 8.30am to 5.30pm and Friday 8.30am – 5.00pm.

Coffee Perfection Service Team: 01 8253981 / info@coffeeperfection.ie

Out of hours contact number: 01 8253981

SALES AND MARKETING SUPPORT

Your Account Manager will keep in contact with you on a regular basis and is available to support your business with any specific sales and marketing promotions to help you sell more coffee.

Should you need support with any of our coffee products please contact your account manager.

TRAINING SERVICES

We are very passionate about barista training. We understand only through education can you create the finest coffee possible.

Our on-site coffee studio is the only Irish "Centre of Excellence" certified by the Beverage Standards Association. Equipped with the latest technology here is where we hold our barista training courses.

When you choose to partner with Coffee Perfection we will set out a training program to suit your business needs. From independent cafes to large hotel chains we have the knowledge and experience to keep you serving the perfect coffee every time.

RETURN OF GOODS

All requests for the return of material should be notified to our Customer Service Department prior to return to our warehouse. A list of all material for return must be e-mailed to the customer services team to include the following information:

Quantities and description of all material for return.
Relevant invoice number(s) against which goods were supplied.
Date of original purchase
Reason for return.

Should the return be acceptable you will be issued with a Return of Materials Authorisation form (RMA)

This RMA must accompany the material when being returned to our warehouse. Returned material arriving at our warehouse without an RMA will not be accepted.

The material will be checked on arrival and all products originating from Coffee Perfection and deemed saleable will be credited. Rejected material will be kept in our warehouse for collection by the customer for a maximum of 5 days.

Please note the following:

Returned goods must be in their original packing and suitable for resale.
A 20% restocking charge will be levied on all returned material that was supplied as ordered.
Specially ordered or manufactured (non stock) items will not be accepted for return under any circumstances

Where material has been supplied incorrectly, our customer services department will arrange for the material to be collected by our carrier as soon as we receive notification of the error and we will endeavour to supply the correct material within an agreed timeframe.

CREDIT REQUESTS / QUERIES

All credit claims should be requested in writing through our Accounts Department.

All proof of delivery / copy invoices should be requested within 10 days from the date of invoice.

Credit requests in relation to price queries / incorrect order numbers should also be made within 10 days from the date of invoice.

Requests which do not arrive within the appropriate time, may not be considered.

In order for us to process your request in a timely manner we will need the following information:

Company Name
Account Number
Invoice Number
Date of Purchase
Reason for Credit Request

This information should be e-mailed to accounts@coffeeperfection.ie

The following contact list will assist you with where to direct your enquiry:

Customer Services Team – 01 8253981 / info@coffeeperfection.ie

Services Team – 01 8253981 / accounts@coffeeperfection.ie

In addition to the above all orders are accepted and supplied in accordance with our standard terms and conditions of sale.