TERMS AND CONDITIONS
1. General, Scope
1.1 All current and future quotations, offers, deliveries and other services provided by Coffee Omega UK Ltd to Purchasers named in clause 1.2 (“Purchasers”) are governed exclusively by these “Sales and Delivery Terms”. Counteroffers or confirmations of orders by Purchasers with reference to or on the basis of their general or purchasing terms and Conditions are hereby rejected.
1.2 Our “Sales and Delivery Terms and Conditions” apply only to Purchasers of United Kingdom who are acting with respect to their trade, business or profession (“Entrepreneur”) at the time that the contract is concluded.
2. Drawings and Descriptions; Purchasers’ Notification Obligations
2.1 We reserve all rights of ownership, copyright and industrial or intellectual property rights (including the right to register these rights) in drawings, plans, samples, cost estimates and other documentation or electronic data concerning the delivery items. These documents must only be used for the purpose agreed and may not be passed on to third parties without our prior consent.
2.2 The Purchaser is obliged to inform us prior to conclusion of the contract if the delivery item
– should be suited for a use that is not exclusively the normal use thereof,
– is to be used under abnormal conditions or under conditions that pose higher demands thereon than normal or that pose a special degree of risk to health, safety or the environment.
3. Conclusion of Contract, Content of Contract
3.1 Particulars and information contained in product catalogues and price lists only become a binding part of the contract where they are expressly referred to therein.
3.2 The subject of the contract shall be exclusively determined by the product description contained in the quotation or in our purchase order confirmation. Collateral agreements, oral statements by employees or representatives and changes to confirmed orders (including changes to delivery items) must be confirmed by us in writing to be of effect.
4. Changes to the Delivery Item
4.1 We reserve the right to make changes to the construction or in the materials used that deviate from the contractually agreed product description insofar as the normal use of the goods or the use intended by the contract is not significantly or disadvantageously encroached upon and insofar as such changes are not unreasonable for the Purchaser.
4.2 Requests for changes made by the Purchaser shall be taken into consideration after the effects on the price and delivery schedule have been agreed.
5. Prices, Adjustment of Price
5.1 Unless otherwise specifically agreed, prices shall be understood to be for items, not including packaging, transport and insurance costs or taxes and other charges related to delivery.
5.2 For contracts with an agreed duration of more than 6 weeks, we are able to demand an alteration to the agreed price to the extent that, after conclusion of the contract, we incur costs that we cannot avert, in particular due to conclusion of a collective agreement or changes to the price of materials. The adjustment of price shall be limited in its extent to the amount necessary to cover such increased costs. We also have a corresponding right to adjust the price where, due to delays on the part of the Purchaser, an actual delivery period of more than 6 weeks results.
6.1 Payments must be made within 2 days of the date of invoice to the account stated in our invoice, free of charges or fees and without any discount. The Purchaser shall bear all additional costs that arise from its choice of means of payment.
6.2 Payments shall be made in the currency stated in our quotation or order confirmation.
6.3 Should the Purchaser fail to make payment within good time, we can demand interest of a rate 7 % pa.
7. Delivery Schedule, Credit Worthiness, Acceptance of Delivery Items
7.1 The delivery schedule shall be agreed by the parties to the contract. In order that the delivery schedule will be met, the Purchaser is required to supply in a timely manner all the necessary documentation and to completely answer all technical questions asked of it as well as to provide the specification of the individual details of the desired product.
7.2 The delivery date specified has been met if, prior to its expiry, the conditions under which the transfer of risk in accordance with clause 8.2 occurs.
7.3 The delivery date specified shall be extended appropriately if we are unable to meet our delivery obligations at all or in good time for reasons that lie beyond our control and that could not be reasonably foreseen by us at the time the contract was concluded. Obstacles that lie beyond our control include in particular the delivery of material to us from our suppliers not within good time or not as agreed. The arising and alleviation of the obstacle will be communicated as soon as possible to the Purchaser. If the delay is in excess of three months or if it has been established that it will last for more than three months, then we or the Purchaser can declare the contract as avoided or rescinded.
7.4 If, after the conclusion of the contract, we become aware of circumstances that justify well-founded doubts about the ability to pay or the credit worthiness of the Purchaser and as a result thereof there is a danger that payments due to us under the concluded contract will not be made, we have the right to deny our performance of the contract until the payment is made in accordance with the contract or security is provided for the payment and the Purchaser has discharged any other claims or demands arising out of the business relationship and that are economically connected with the contract in question.
7.5 Unless otherwise agreed, the Purchaser is obliged to take receipt of the delivery item within 10 days of receipt of our notification that the delivery item is ready at our place of business
8. Delivery, Dispatch, Passage of Risk and Delivery of More or Less Items than Agreed
8.1 The place of delivery shall be determined according to the delivery clauses agreed between us and the Purchaser. Unless another special delivery clause has been agreed.
8.2 Unless otherwise agreed, risk shall pass to the Purchaser at the time when the delivery item is made available to it. If the delivery item is transported to the Purchaser, the risk shall pass to the Purchaser at the latest when the delivery item is collected by the first carrier. If the carriage of the delivery item should be delayed as a result of circumstances beyond our control, then risk shall pass to the Purchaser at the time when the readiness of the delivery item for dispatch is communicated to it.
8.3 At the request of the Purchaser, all sent items may be insured at the Purchaser’s expense from the point in time at which risk passes. Where damage occurs, we shall transfer the rights under the contract of insurance to the Purchaser concurrently to the Purchaser’s performance of its contractual obligations
8.4 Certain items supplied by specific suppliers such as Linda Lewis will ONLY delivery Kerb side, so purchaser is responsible to get the equipment into premises or/and arrange installation if required.
9. Lack of Conformity of Goods or Documents with Contract, Notice of Defects, Warranty
9.1 The Purchaser must give us notice in writing of any lack of conformity of the delivery item and/or documents with the contract that is recognizable upon receipt of the delivery item without delay, at the latest 3 days after it has taken receipt thereof, specifying in detail the nature of the lack of conformity. The Purchaser shall further be obliged to examine the delivery item and/or documents promptly, at the latest within 3 days of their receipt. The Purchaser shall lose the right to rely on a lack of conformity of the delivery item with the contract if it does not give written notice to us specifying the nature of the lack of conformity within one week after it has discovered it or ought to have discovered the lack of conformity, regardless of the reasons the Purchaser may have for not adhering to this requirement. Written notice of defects discovered must be dispatched to us by the Purchaser within 2 working days of receipt of the goods or of the discovery of a lack of conformity; it is further required that the notice of defects sent by the Purchaser within the week actually reaches us. See Shipping/ refunds page for more info.
9.2 If, after the Purchaser has given notice of defects, no lack of conformity of the delivered item can be established, the Purchaser is obliged to pay us the costs incurred in connection with the inspection of the delivered delivery item.
9.3 We are only liable for a lack of conformity with the contract of a delivery item that exists at the time the risk passes to the Purchaser.
9.4 We are entitled to remedy or remove a lack of conformity of the delivery item or the documents by repair or replacement even after the agreed date of delivery.
9.5. As far as warranty is considered Coffee Omega UK Ltd does not deal with any after sales warranty issues, those has to be dealt directly with the manufacturing company. Unless otherwise stated by us under the warranty section.
9.6 Back to base warranties is the responsibility of the Purchaser who must make sure a safe and secure courier is used and paid for prior to returning to the manufacturer
9.7 Part only warranty is covered for a period of 12 months from date of purchase by the manufacturer. Any labour costs associated with repair/ diagnostic is the responsibility of the Purchaser.
9.8 We may by our own accord act on behalf of a customer to deal with any warranty claims. If a callout is made the engineer usually visits within 2 working days of acceptance. If for any reason Purchaser cancels the callout, 24 hour notice is required otherwise full payment will be due.
10. Liability, Compensation
10.1 Our liability to pay compensation for damage – in particular for consequential economic loss due to late delivery or a lack of conformity with the contract of the delivery item or the documents – is hereby excluded, unless such damage results from intention or gross negligence at the least.
10.2 Our liability in accordance with applicable statutory product liability laws and regulations that cannot be contractually excluded remains unaffected.
10.3 Coffee Omega does not guarantee visitors using this website to be compatible with any hardware or software they are using. Coffee Omega will not be liable for any damaged caused to computer equipment, software, or any other equipment or property as the result of accessing this website for downloading attachments, images, materials or data.
11. Reservation of Title
11.1 We retain title to the delivery item until the purchase price of the goods has been paid in full in accordance with clause 6.1 of this Agreement, to the extent that such a reservation of title is effective under the law applicable to this Agreement.
11.2 The Purchaser must take all measures that are necessary to secure or retain this right to retention of title or to procure equivalent security rights in the country of destination (the Purchaser’s registered place of business). Non-compliance by the Purchaser with this duty constitutes a fundamental breach of contract.
12. Place of Jurisdiction, Applicable Law
12.1 To the extent that nothing else is agreed, the place of performance is the registered place of business of the company in the group
13. Installation / Maintenance/ User training
13.1 If and when an installation / user training option is taken out with any specified machines the buyer has to make sure all relevant space, equipments, accessories, etc has been ordered and available for the engineer to work with. For any reason if an engineer is unable to work in a safe environment or hasn’t got the necessary equipment the buyer is deemed responsible and we will charge a one off fee of £150 plus call our charge of £30 per half hour + VAT.
13.2. Installation and user training is for per machine per site for maximum of 2 hours *see specific branded information.
13.3. Plumbed installation includes a full installation, train you and programme it based on your business needs so that you become familiar with its operation and maintenance.
14. Pre-order/ Special Order Cancellation
14.1 All special orders either pre-orders or not if cancelled for any reason beyond CO’s authority will attract a 10% charge for admin and restocking fee.
14.2 All deposit placed for orders or pre-orders are non-refundable if customer cancels for any reason unrelated to CO
15.1 All faulty not working products will be covered by manufacturers warranty supplied with the item, either by the manufacturer or master distributor in UK but NOT by Coffee Omega. This warranty responsibility is held by the manufacturer when the item is sold. Any repair or replacement is dealt directly by the manufacturer or an appointed agent by the manufacturer. Any error caused by misuse or negligence is chargeable to the customer.
15.2 12 months parts ONLY warranty covers parts and NOT labour. The faulty item will have to be returned to the manufacturers appointed warehouse or workshop at the cost of the customer. Any associated labour charges will be chargeable to the customer. Faulty parts will be replaced free within the 12 month period.
15.3 12 months parts and labour warranty covers on site call outs for faulty and non-working items (period and number of call outs restriction applies). If the fault is due to limescale, misuse, negligence, user error etc than this call out service will be chargeable to customer.
15.4 Warranty will not cover: lime scale, misuse, maltreatment, insufficient maintenance which caused the espresso machine to break down, become faulty. This will be chargeable per call-out basis and quarterly (30min) basis dependent on engineers time onsite.