TERMS & CONDITIONS
Definition
“Terms” means the terms and conditions set out below and overleaf which take precedence. The “Company” means Cortile Coffee Limited. The “Customer” means the person, persons, company or organisation taking out an agreement or contract. “Goods” means any Equipment (coffee machines, grinders, milk coolers, knockout boxes, filters and heads, fridges, dishwashers, water taps, water coolers, contents of Barista kits, etc) or Supplies (coffee, milk, tea, chocolate, other ingredients, cleaning liquids and tablets, parts for Equipment, etc) the Company agrees to provide the Customer. “Services” means any services which the Company agrees to supply the Customer.
Customer Representative
It is the Representative of the Customer’s responsibility to ensure that that they have authority to enter into any verbal or written agreement or contract with the Company.
Goods Purchased Warranty
The Company provides Goods in good faith and for the purpose of use indicated by the Manufacturer. Any concerns on Goods supplied should be advised within 2 days of receipt, otherwise the Company may not be able to make a favourable decision for the Customer. Any Equipment relocated by someone other than the Company, deemed to be modified in any way, not operated using the specified ingredients in the right location or not cleaned in accordance with the Company’s or Manufacturer’s instructions will not be covered by any Warranty or Service Agreement. Accidental damage including over tightening valves and fittings, fire or water damage, scale related problems are not covered by any Warranty or Service Agreement. The Customer must use the Equipment in a careful and proper manner and comply with any rules and regulations regarding their use, maintenance or storage provided by the Manufacturer or the Company.
Deliveries of Equipment and Supplies
Where the Company arranges delivery of Goods by courier, it is the Customer’s responsibility to check the packaging and report any damage immediately or refuse the delivery if considered appropriate. The Customer must take photos of any damage and immediately advise the Company so the company can deal with the matter and consult with the Supplier or Manufacturer as necessary. The contents of deliveries of Supplies must be checked immediately, and any damage or concerns reported within 24 hours with photographic evidence. Any shortfall in delivery of items must be reported by the Customer in the same way. All Equipment and Supplies remain the property of the Company until payment is received in full. The minimum order for free delivery of Goods is £100. Orders under this will incur a charge of between £10 and £15.
Pre-Installation Requirements
Prior to any Equipment installation date, the Customer must ensure that the required utilities (such as an appropriate power supply, cold water supply and drainage for any waste outlet) are positioned appropriately in the installation area and comply with all current Legislation. The Company can complete a site survey for an additional cost or provide Manufacturer installation information to help with the process. The installation area should be clear and cleaned for the installation. Failure to prepare the installation area adequately might result in a failed installation and a fee will be invoiced as per the standard call out and labour charges of the Company, Manufacturer or Supplier for the revised installation.
Installation and Training
The Company will provide Equipment installation and training unless agreed otherwise and it is the Customers responsibility to ensure that someone is available for training when agreed, usually immediately following installation. Failure by the Customer to do this, may result in further costs to rebook the training. If the installation is aborted due to no fault of the Company, Manufacturer or Supplier of the Equipment, an aborted call out charge will be imposed as per the standard call out and labour charges of the Company, Manufacturer or Supplier. Setting up the Equipment to the Customers requirements will be conducted at the same time as the installation and the Customer must ensure that appropriate Supplies are available to test the Equipment, and staff are available to try the beverages prepared. Any callout to adjust the Equipment settings later will result in additional charges.
Leased Equipment
By signing a lease from a third-party company, the Customer must adhere to their terms and conditions which the Customer will have seen prior to signature. The Equipment on lease is not owned by the Company or the Customer. At the end of the lease term, the Company may offer the title of the Equipment for an agreed sum, and should the Customer want to accept the title, then the title will transfer to the Customer on payment of the said sum. Should the Customer decline the offer for title, the Company will arrange the removal of the Equipment at a cost of £250 to the Customer unless the terms of the lease allow the Customer to arrange to have the Equipment delivered to a pre-arranged address given by the Company or Lease Company.
Amendment or Cancellation
By signing an agreement, the Customer is bound by its terms and should the Customer wish or need to cancel or amend the Goods or Services being purchased, leased or rented, the installation date or installation location for any reason, there will be a cancellation fee of 50% of the invoice value up to one week before installation and 100% thereafter. If the Equipment has been purchased and installed, there will also be a removal fee of £200 to £400 depending on the Equipment. If the Equipment has been leased, it will be subject to the standard termination terms of the Lease Company signed by the Customer. Any variation agreed by the Customer and the Company will need to be put in writing and agreed before implemented. Cancellation by the Customer must and confirmed by the Company.
Repair and Service Terms
The Company will provide an engineer to repair and/or service Equipment. We are unable to repair or service Equipment currently under Manufacturer’s warranty unless expressly authorised by the Manufacturer. Prior to an engineer attending, the Customer must provide details of the make and model of the Equipment such as coffee machine, milk cooler, grinder, filter that the engineer might need to work on. The Customer must also provide details of any concerns about the Equipment and whether a filter change, PSSR, repair or service is required. All call out charges are dependent on the location to be attended and need to be paid 2 days prior to attendance being confirmed. A formal quote of anticipated work and parts can be provided before attendance but otherwise an invoice will be raised for time spent at the premises, rounded up to the nearest half hour. Parts used will also be invoiced and the parts remain the property of the Company until the invoice has been paid in full. Sometimes it is necessary for the Engineer to bring Equipment back to the Service Centre for further investigation or work including a full descale, in which case replacement Equipment will be provided where possible. This Equipment remains the property of the Company and must only be used for the purpose it was intended and operated and cleaned by the Customer in accordance with the Manufacturer’s instructions. Please see further terms below on the Possession and Return of Rented or Loaned Equipment. The Customer’s Equipment will be returned by the engineer and reinstalled. The Loaned Equipment will be removed by the engineer. We offer a warranty for three months for the same fault only. Additional or different faults are charged out in the usual way.
Opening Times
The Company Service Centre operates from 8.30am to 5.00pm Monday to Friday on 01656 530235, other than bank holidays, otherwise the Company can be contacted via service@cortilecoffee.co.uk with emails being picked up when the Service Centre reopens. Rented Equipment – The Company enters into rental agreements with Customers for Equipment. Equipment rented remains the property of the Company and a Cortile label must be clearly displayed on front of the Equipment and a further label displayed on the side of the Equipment confirming that the Equipment is the property of the Company. Equipment is rented for a minimum three months and then on a rolling monthly basis with the Company or Customer being able to give one months’ notice in writing. Payment for the first month must be made prior to installation and all future monthly invoices must be paid by the first day of the following month. If the Equipment remains rented for a period of a year, then the Company will arrange for it to be serviced at its own expense. The Customer must make the Equipment available for a Service and any other time for inspection by the Company.
Possession and Return of Rental Equipment
The Equipment must only be used for the purpose it was intended and operated and cleaned by the Customer in accordance with the Company’s instructions. Fully training will be provided on installation. It is the responsibility of the Customer to ensure that appropriate staff are available on installation to complete the training. Rental and Loan Equipment is often refurbished, and the Customer must inspect the Equipment at the time of receipt and advise the Company of any concerns about the Equipment. The Customer must advise the Company of any installation concerns within 48 hours or repairs subsequently needed to the Equipment promptly and if the repair is deemed to be because of operator error, misuse of the Equipment or due to inappropriate cleaning or training, the cost for the call out and repair including any parts is the responsibility of the Customer. The Customer must report any loss, theft or damage to the Equipment immediately to the Company at the contact details provided on the Equipment or on the Company website. Such loss, theft or damage is the responsibility of the Customer, who should ensure appropriate insurance for the Equipment is in place or funds available to pay the Company for the full valve of the Equipment or repair. If the Equipment has been stolen, the Customer must report it immediately to the Police and obtain a crime reference number. Rented and Loaned Equipment must be returned to the Company in the condition it was received with all ancillary items provided at the time of the loan and failure to comply with this will result in the Company issuing an invoice for the value of the items either not returned or returned in damaged or poor condition, payable within 7 days.
Invoices and Payment
The Company does not offer payment terms without prior agreement with Customer and invoices become payable on the day following their issue. All Equipment and Parts remain the property of the Company until an invoice is paid in full. Payment can be made by BACS using the invoice number as the reference or using a credit or debit card during a telephone conversation with the Service Team which might incur additional charges. The Company reserves the right to add interest for overdue payment of invoices under The Late Payment of Commercial Debts (Interest) Act 1988. After 30 days of an invoice becoming due, the Company reserves the right to invoice the Customer with a 2% per month interest and admin charge.
Disputes and Termination
The Customer will give the Company reasonable time to put right any disputes, grievances or issues that arise, which will be discussed in an amicable manner with a view to a reasonable compromise. The Company can terminate the contract with the Customer at any time for failure to pay in invoices as per the Terms. Any variation by either party needs to put in writing and agreed before implemented.
General
The Company does not accept responsibility for any failure caused by circumstances outside their control, such as Acts of God, war, flood, abnormal weather conditions, fire, failure of electrical supply, Government action or regulation, delays or shortage of materials, labour or manufacturing facilities or failure or delay of the Company’s Suppliers. The Customer must not assign or transfer any contract or agreement or any part of it without the Company’s prior written notice and acceptance. The company reserves the right to correct any clerical or typographical errors or emissions in any sale or promotions, price list, order, invoice or other documents issued by the Company without any liability. Any general discrepancies contained in any of the above relating to Goods and/or Services will not form a representation or part of these Terms. The Company has in place Public and Professional Indemnity Insurance and certificates available on request.
Privacy
The privacy of the Customer is critical to the Company, and it complies with the General Data Protection Regulations and Laws regarding personal information.