Service Level Agreement:
The Lessor/Seller: CoffeeBreak Vending (Pty) Ltd
The User: is the applicant
This is applicable where required for Cash Buyers, Financed Rental Agreements or Clients using our equipment for demonstration/borrowed purposes only.
1. The Lessor/Seller hereby lets to the User who hereby hires equipment (hereinafter referred to as the “Unit/s”), as set out in Section A.
2. The Unit/s will be supplied to, and installed at, the User’s installation address, as specified in Section C, subject to the terms and conditions contained in this Agreement.
3. This Agreement shall, in respect of each particular Unit, commence on the commencement date specified in Section B and shall remain in force for the minimum period specified in that section. Thereafter the Agreement will continue indefinitely subject to either party’s right to terminate the Agreement by giving the other party three (3) months written notice.
4. The Unit/s shall at all times remain the property of the Lessor/Seller and shall accordingly be exempt from any attachment by, pledge to, undertaking or transfer to, any third party under which the Unit/s is purportedly bound under an obligation or contact. The User undertakes to, within three (3) days of signature hereof, in writing, informs the Landlord of the premises where the Unit will be installed, that the Unit/s is/are the property of the Company and is not subject to the Landlord’s lien. The User shall ensure that the aforementioned correspondence is countersigned by the Landlord in duplicate, and the Company is furnished with one (1) original within two (2) days of signature. Delivery and/or installation of Units shall not take place until the aforementioned countersigned correspondence is received by the Company.
5. The Unit/s shall remain installed at the installation address at all times, unless the Lessor/Seller agrees in writing to re-installation at an alternative address.
6. All risks of loss or damage to the Unit/s, arising from any cause whatsoever, shall pass to, and vest in, the User upon physical delivery of the Unit/s to the User.
7. The Lessor/Seller shall not be responsible for any damage, whether consequential or otherwise, sustained by the User or any other person, caused by the Unit/s, or the operation thereof, either directly or indirectly, and the User accordingly indemnifies the Lessor/Seller against, and shall hold the Lessor/Seller harmless from, any such claim instituted against the Lessor.
8. The User agrees to pay the rental/sale as set out in Section A, monthly in advance, no later than the last business day of the month preceding the month for which payment is made.
9. The User shall not be entitled to withhold payment of any amounts due in terms of this Agreement for any reason whatsoever. In the event of any dispute between the parties, the User shall nevertheless be obliged to continue making payment of the monthly amounts due in terms of clause 8 of this Agreement pending the determination of such dispute.
10. Notwithstanding clause 12, should the User fail to pay any amounts due in terms of this Agreement, to should the User breach any term or condition of this Agreement, and fail to remedy such breach within 30 (thirty) days of receipt of a notice calling upon the User to remedy such breach, the Lessor/Seller shall be entitled to , without prejudice to any other rights or remedies it may have to: terminate this Agreement, treat as immediately due and payable an amount which shall not be more than fifty percent (50%) of the difference in value between the stipulated minimum quantity of products and the actual value of purchases from the Company and/or the Appointed Distributor during the contract period, all instalments which would otherwise become due and payable in terms hereof during the period of hire, as well as all rentals/sale and other sums then in arrears in terms of the agreement.
11. Upon termination of the Agreement, the Unit/s shall be returned to the Lessor/Seller in good order and repair excluding fair wear and tear only. Any costs that the Lessor might have to incur in order to restore the Unit/s to good order shall be for the account of the User.
12. During the duration of this Rental/Sale Agreement, the User:
12.1 Shall, if the Unit/s are not to be kept or the Users physical address of the User’s is reflected on page 1 Section C forthwith notify the supplier in writing of the address of the premises in or upon which the Unit/s will be kept;
12.2 Acknowledge that the goods are movable property and that they shall so remain notwithstanding the means used to install them in any place or premises;
12.3 Shall forthwith, and in the event that the premises where the Unit/s is to be kept or utilized be rented, notify the landlord of the supplier’s reservation of ownership in the Unit/s (not applicable to sale agreement).
12.4 Shall not, without the prior written consent of the Lessor/Seller remove the Unit/s beyond the borders of Bloemfontein as territorially constituted on the date of delivery of the goods.
12.5 The User shall provide the Lessor/Seller within a reasonable time with a written acknowledgement from the landlord to whom such notice as set out in 15 may have been given.
13. The User agrees and undertakes to:
a) Provide and supplies the necessary fittings and services which may be required for the installation and operation of the Unit/s.
b) Maintain the Unit/s in good and proper repair and working order and in a clean and hygienic condition.
c) Allow and provide the Lessor’s/Seller’s agents or employees’ reasonable access for the inspection & servicing of the Unit/s from time to time.
d) Advise the Landlord of the building in which the Unit/s will be installed of the Lessor’s/Seller’s rights in the Unit’s.
e) Keep possession and control of the Unit’s and ensure that the Unit/s shall remain from any lien or attachment and shall not attempt or purport to sell, lend, pledge, transfer or part with possession of the Unit/s or of any rights or obligations in terms of this Agreement.
f) Comply with the instruction and recommendations of the Lessor/Seller in the use, care and repair of the Unit/s.
g) Not affix or use in relation to the Unit/s any parts, accessories or extras except such as are supplied by the Lessor/Seller.
h) Not remove, deface or cover up logos, point of sale material or recommended selling prices placed upon the Unit/s by the Lessor/Seller.
i) Not serve or repair the Unit/s or cause the Unit/s to be serviced or repaired otherwise by a duly authorized repairer as approved by the Lessor/Seller.
j) Notify the Lessor/Seller immediately of any faults in the Unit/s which needs to be repaired, which the Lessor/Seller undertakes to repair within a reasonable period of time and at its own expense. Repairs exclude prescribed cleaning routines which are to be performed by the User on a regular basis.
14. The Lessor/Seller shall be entitled to assume that the Unit/s will at all material times are insured by the User against theft, fire and damages for such an amount as will be required by the Lessor for the time being usual in respect of similar Unit/s.
15. If the User, as defined , is a partnership, association or closed corporation, the Company shall have the right, at its own discretion, to recover any amounts due to it by the User, or to take whatever action is necessary, by legal process or otherwise, from or against any partner, or member of the association or Close Corporation and I (Client) bind myself personally to the Lessor/Seller as surety and co-principal debtor in solarium with the User for the due and punctual payment to the Lessor/Seller of all rental/Sale amounts owing by the User.
Quotation/Invoices/Online Purchase Terms & Conditions:
▪ All prices no VAT included ▪ Quotation valid for 14 days, prices may increase anytime & agreed in Bloemfontein.
▪ The Filter Cartridge is compulsory for each Unit & replacement cost at User expense every 12 months depending on volumes.
▪ Equipment and items financed by third party like THE RENTAL COMPANY, etc is binded to the third party terms as well, and the Lessor/Seller is not legally responsible for any of such third party terms.
▪ We have a no-refund policy, hence the available funds can instead be allocated to other product items, machines, services etc when the stock is on back order or discontinued, etc.
16. All new equipment is unused and boxed in original packaging.
17. We may open boxes to confirm serial numbers and that all components are in the boxes – however, unless you specify that we test the machine before sending it to you, the machine is guaranteed to be in the condition it arrived in from the manufacturer.
18. All new equipment carries a 1 year carry-in warranty against defective workmanship only. Clients are expected to maintain their equipment where in the normal course of operation, wear and tear occurs to the point of requiring replacement.
19.In cases where spare parts are required for Dallmayr deemed “user errors”, these will be supplied for your account.
20. Transportation of equipment from, and back to, our premise is for your account. You are required to suitably package it for transport as we request. The transportation for technical support will be to the client account. All faulty parts or machines can be couriered to head office repair centre for repairs at client costs.
21. All payments must be paid prior to delivery, where you have an account it will be 7 days of delivery excluding purchases of equipment, spares & accessories. Prior EFT is required before dispatch where no account exists and for all purchases of machines, accessories and spares. Imported items that’s on backorder could be delayed by Customs +/-1 to 8 weeks.
22. Equipment financed by the bank will not be our asset and we do not have anything to do with the financing and or payments of the financed agreement, such agreement is solely between the client and the bank with whom the client signed the rental finance agreement.
23. CoffeeBreak Vending (Pty) Ltd is an approved distributor agent in Southern Africa.
24. To order consumables, accessories, cleaning aids, parts and or machines via email admin@coffeebreak.co.za, whatsapp +27827776770 or our website www.coffeebreak.co.za. For support, orders and feedback please WhatsApp +27827776770 or email to admin@coffeebreak.co.za
25. We are a Member of VASA (Vending Association of South Africa) and abide by its code of ethics, customer charter and constitution.
26. All cleaning products must be purchased via CoffeeBreak Vending (Pty) Ltd for at least the duration of the warranties/guarantee.
27. Service & Maintenance:
27.1. Client needs to keep machine maintained and cleaned with daily selecting the option on machine to self clean the Brewer Unit, Powder Clean (Mixers/Hoppers of Hot Chocolate) & Deep Clean Milk System by using our Milk Cleaner Liquid daily (5 min process), the tablets for brewer Deep Clean Brewer must be done weekly by using our Brewer Cleaner Tablet (this takes about 25min to complete) or more regularly as required.
27.2. Our descaling liquid to descale the machine every months or more frequently as per required (this takes about 25 min to complete).
27.3. The brewing units can be removed every month or when necessary to clean, the brewer unit must be removed as per manufacturer guidelines and used without any excessive force which could damage the parts and components of the machine, warranty is only valid for parts that broke due to operation defect and not other factors that doesn’t relate to mechanical defect will not be covered.
27.4. Training videos on how to maintain machines etc are available and clients can view or download on websites or ask to be sent via email or WhatsApp.
27.5. When there’s a blockage in a milk pipe it could affect only steam blowing at milk frother, you can ask for the video for cleaning the milk system, or clean pipes yourself, make sure the pipes don’t bend as this will block pump to suck milk and only blow steam at milk frother, blockages occur when User don’t do Deep Milk Clean prior to having machine overnight with dirty pipes, our Milk Cleaner Liquid must be used to do so daily basis preferably when closing business or evenings for 24 hour businesses.
27.6. The milk frother can also be removed by pressing the two side buttons, you can clean it and remove the small frothing unit inside, make sure to take pics of it before you disassemble so you can look at pics to remember how it was assembled prior to you stripping the parts to clean. Everything fits in one way only and not excessive force required.
27.7. The powder Hopper can be removed, make sure to click it back into the machine correctly otherwise you will get an error notification and or hot chocolate will leak into your machine when selecting to make one.
- 27.7.1. Daily: Select Brewer Quick Clean (15 seconds)
- 27.7.2. Daily: Select Powder Clean (15 seconds)
- 27.7.3. Daily: Select Milk Deep Clean (Milk Clean Liquid – 5 min)
- 27.7.4. Daily: Select Brewer Deep Clean (1 tablet – 10 min)
- 27.7.5. Monthly: Select Descaling (1 Bottle Descaling Liquid – 25 min)
28. Installations:
- 28.1. Travel costs excluded from quotation unless stipulated on quotation/invoice that its included.
- 28.2. Electrical – Most of our single phase hot beverage equipment requires a 220/ 230V 15A standard three pin electrical outlet located within 1 meter of the machine.
- 28.3. Water – A cold water supply with minimum water pressure of 2 bar is required. A 15mm (1/2″) copper pipe Terminating with a 15mm (1/2″) stop valve (female) within 1 meter of the machine.
- 28.4. Installation of the equipment will be negotiated after all documentation has been received, credit approval has Been granted and confirmation of order has taken place. Delivery is expected to be around 5 work days.
- 28.5. Initial installation cost will be for User own account.
29. Insurance:
- 29.1 Clients will have to ensure equipment insured as per bank rental agreement, or where there’s temporary usage of our borrowed equipment.
- 29.2 Equipment that leaves our premises does not carry any insurance and client will be liable for such liability if not insured.
New Machines & Accessories Warranty:
30. All new coffee machines have a 1 year or 12 000 cup (whichever comes first) carry-in warranty for manufacturing defects and CoffeeBreak Vending Pty Ltd in its sole discretion, will determine if any defect results from a manufacturing defect or wear and tear.
31. Any manufacturing defects within the warranty period will be repaired without cost to the client.
32. Card reader equipment and coin acceptors have a 1-year carry-in warranty.
33. No warranty applies to base cabinets, external pumps, and filters.
34. Spare parts will be made available for client to order who wish to repair their own equipment.
35. The first training on basic repairs will be provided free of charge via Video Call or Video files to client.
36. Machines don’t need service plan, but may be send to our workshop once a year for a major service.
37. Machines must be cleaned daily, by pressing the buttons “Deep Clean Brewer” & “Deep clean Milk System” & “Clean Powder Mixer” (the milk system needs to be cleaned with our Milk Cleaner Liquid for duration of warranty).
38. All machines must be descaled at least once month or more with our liquid descaling liquid for duration of warranty.
39. Our Brewer Deep Cleaner tablets must be used every day or a minimum of 3 times a week, preferably to keep brewer head clean by pressing “Deep Clean Brewer Head”.
40. These maintenance steps need to be in place to ensure machine lifespan, warrantee & quality of hot beverages.
41. Protection from Load Shedding shortages should be done by client to ensure no electrical damages due to the power interruptions caused by load shedding as we cant take responsibility for such external damages.
42. We are accredited & authorised resellers and therefore all our product covered with the Terms & Conditions of the Manufacturer (Distributor) warranties.
43. Any unforeseen damages to any product sold due to power surges/load shedding or similar are not covered by standard Manufacturers (Distributors) warranties (guarantees) these damages can be covered for individual personal/business insurance cover.
44. The transport of products is not on the risk of CoffeeBreak vending (Pty) Ltd and the client needs to have their new products covered on the day it will be transported to client premises via courier or nominated transport company.