Equipment & Coffee

TERMS AND CONDITIONS

RECITALS

BMR is the supplier of BMR Coffee Products (as defined)
Black Market Roasters Pty Ltd is the owner of the Equipment (as defined) unless purchased or leased in full by the client
The customer wishes to purchases the BMR products from BMR and BMR has agreed to supply coffee products to the customer
In consideration for the purchase by the customer of the BMR coffee products, BMR has procured the loan to the customer of the use the Equipment upon the terms and conditions contained in this Agreement
The parties have reached agreement regarding:
The supply of the BMR coffee products by the BMR customer; and
The use of the equipment by the customer which agreement they wish to record in writing.

1. TERM AND EXTENSION OF TERM

1.1 Term
This agreement will commence on the commencement date or install date and, unless otherwise extended or terminated earlier in accordance with this agreement, will endure for the Term which is 12 months unless otherwise stated.
1.2 Extension of Term

Upon the expiry of the Term, this Agreement will automatically be extended for successive periods of equal length to the Term unless:
This Agreement has been terminated
BMR or the customer gives not less than 30 days notice in writing prior to the expiry of the Term, or any subsequent Term, that it does not wish the Term to be extended
Any extension of the Agreement will be on the same terms and conditions unless a new agreement is supplied and hence nulls the previous agreement
Early Termination
If the customer fails to reached the minimum coffee quantity ordered weekly for a period of 1 month, being 10kg per week or less, unless otherwise expressly stated, BMR has the right to terminate the agreement early and remove any equipment on loan belonging to BMR.
If the customer wishes to terminate the agreement before the expiry of the contract, there will be a minimum 2 month exit fee payable upon termination, calculated as 8 weeks worth of equipment rental fees due at the maximum rental amount as agreed. In addition there will be payable the cost of equipment decommission and uninstalling and removal offsite by BMR representatives or third party hired by BMR.

2. PAYMENT

2.1 Price

BMR will be entitled to increase any of the prices for the BMR coffee products by giving the customer at least 30 days written notice accordingly. Increases in prices will be based upon and correspond to increases in BMR’s cost of goods, materials and labour, including, without limitation, increases in the cost of raw materials, manufacturing and shipping.
Shipping – BMR reserves the right to pass on the cost of postage, courier or transit fees as necessary to get the customer their order.

2.2 Payment

BMR will invoice the customer after the order is placed and payment must be made, prior to goods being dispatched. Payment is to be made via the credit card nominated by the customer or by another form as brought forward by the customer. The total invoice is payable without any deduction or set-off of any nature whatsoever, prior to delivery of such BMR coffee products.
If the customer fails to pay any amount payable to BMR on the due date for payment, goods will not be dispatched. If goods happen to be delivered, the due date is the moment when the goods are delivered. If payment is not made by this due date, then, without prejudice to any of the other rights and remedies of BMR, the customer will be liable to pay interest on such overdue amounts at the rate of 12.5% per annum, reckoned from the due date of payment to the actual date of payment thereof.
If payment is not taken at ordering, the customer will be given 14 days credit to settle their outstanding bills, upon which time the nominated credit card or bank account via direct debit will be charged as set out in the direct debit service agreement. If payment at this point is not retrieved, email communication will be given and a further 48hour grace will be given for payment to be made. If payment is not received, then BMR or its agent will have the right to remove any of its equipment located at the customers premises or otherwise and discontinue supply immediately.

3. EQUIPMENT USE

3.1 Ownership of the Equipment

It is recorded that BMR is the owner of the equipment unless client has purchased equipment in full or is under a leasing agreement with an external finance party
The customer acknowledges that title in and to the equipment shall remain vested in BMR at all times and the customer has and will have no right, title or interest in the equipment (other than the right of use pursuant to this agreement)

3.2 Equipment Rental

The rental amount permits the customer usage of the above stated equipment for the duration of the contract.
Unless otherwise stated the rental amount is exclusive of GST and is payable weekly through the ordering platform via direct debit or invoiced and payable within 7 days.

4. SERVICING THE EQUIPMENT

4.1 BMR Obligations

BMR or its representative will perform planned preventative maintenance on BMR owned equipment, this includes:
Cleaning of the grinder blades and tunnel
Cleaning the steam wand
Replacing the group head seals
Cleaning the group heads with chemical
Checking the machine is performing as intended

4.2 Customer Obligations
The Customer agrees to the following terms:

The customer will pay at the organisation of BMR a suitable qualified technician to perform an annual service on BMR equipment.
The customer will pay for any parts not under warranty that is not listed in 4.1(a) as supplied by BMR
Use the equipment with the BMR coffee products only
Comply with all laws and regulations relating to the use, operation, maintenance and possession of the equipment, including but without limitation any health and occupational health and safety requirements as well as manufacturers recommendations and maintenance
Comply with BMR’s directions and instructions with regard to care, use and maintenance of the equipment
Notify BMR within 7 business days of it becoming aware of any defect, damage, fault, malfunction or failure in performance
Comply with the following cleaning procedure:
On a daily basis:
Grinders – Clean out of the dosing unit
Espresso Machines – daily cleaning of the drip tray, each group head, steam wand tip and group head handle to remove build up of coffee, milk or other coffee related products
This includes removing each group head with a tool and cleaning the screens and block heads.
A complete chemical clean of espresso machines
Ensure that only qualified, trained and competent employees or contractors of the customer are to use and operate the equipment
Not without the prior written consent of BMR, tamper or make any alteration, addition or modification to the equipment

5. EQUIPMENT REMOVAL

5.1 Repossession
BMR will be entitled to the return and repossession of the equipment they own including under a rental arrangement at any time in the event of:

Any breach by the customer of any of its obligations as stated above of this agreement;
The termination of this agreement for any reason

5.2 Entry Access
BMR or any of its officers, agents or employees may enter into the premises (or any other premises which the equipment is, or where BMR believes the equipment is, located) for the purposes of BMR to exercise its rights in terms hereof.

6. GUARANTEE

6.1 Consideration
The guarantor(s) have requested BMR to enter into this agreement with the customer and BMR does so in consideration of this guarantee and indemnity.
6.2 Guarantee
The guarantor(s) guarantees to BMR the prompt performance of all of the obligations of the customer contained or implied in this agreement. If the obligation is to pay money, BMR may recover the money from the guarantor(s) as a liquidated debt.

7. INDEMNITY

7.1 Indemnity

The customer indemnifies BMR to the maximum extent allowable at law and hold us harmless against:
Loss or damage to the equipment; or
Claims made against BMR by any person in respect of personal injury or death or loss of, or damages to property, arising out of or as a consequence of:
The use, possession and operation of the equipment, including the production and consumption of BMR coffee products
A wrongful, unlawful or negligent act or omission by the customer or any other party;
A breach of this agreement by the customer.

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