SERVICE AGREEMENT

Barista Buddy Pty Ltd (ABN 29 643 227 392)

1.0 Agreement Overview

1.1 This service agreement is between Barista Buddy Pty Ltd and the Client named in Schedule 1.

1.2 This agreement is not transferable.

2.0 Acknowledgment

2.1 Barista Buddy will provide the equipment specified in Schedule 1 for use under this agreement.

2.2 All equipment remains the property of Barista Buddy.

2.3 All consumables supplied by Barista Buddy remain the property of Barista Buddy until consumed and paid for.

2.4 Consumables supplied by Barista Buddy must only be used for the equipment provided.

3.0 Costs

3.1 Unless otherwise stated in Schedule 1, the equipment is provided free of charge on a loan basis.

3.2 There are no hire, commissioning, decommissioning, or rental fees for equipment supplied on loan.

3.3 The Client must pay for all beverages consumed and any damage caused, based on the rates in Schedule 1.

3.4 The machine’s Total Cups value is the sole measurement used for invoicing all beverage consumption.

3.5 Barista Buddy may request a photo of the Total Cups value, which the Client must provide.

3.6 A minimum weekly spend of $79 + GST applies, calculated monthly less actual consumption.

3.7 Barista Buddy may adjust rates with 15 days’ notice.

4.0 Payments

4.1 The Client will be invoiced monthly.

4.2 Payment terms are 14 days from invoice date.

4.3 A 10% interest charge applies for every 7 days past the due date.

4.4 Payments are made via Direct Debit. An invoice is issued prior (unless agreed otherwise)

5.0 Loan Period

5.1 The loan continues until the Client requests termination via email.

5.2 The Client must provide 30 days’ written notice to end the agreement.

5.3 Barista Buddy may terminate the agreement at its discretion.

6.0 Access & Servicing

6.1 The Client must provide access for servicing and restocking at least every 4 weeks, or sooner if required.

6.2 Barista Buddy will undertake servicing at its discretion, generally every 1,000–2,000 cups, depending on usage and location.

6.3 Barista Buddy will maintain the equipment in good working order.

6.4 If Barista Buddy does not receive the Total Cups value when requested, or if access is not provided, Barista Buddy may invoice based on:

6.4 (a) the Client’s historical monthly consumption, or

6.4 (b) an estimated reasonable usage determined by Barista Buddy.

6.5 Once access is provided and an updated Total Cups count is obtained, Barista Buddy will adjust discrepancies on the next invoice.

6.6 If access is not provided for more than 6 weeks, an additional servicing fee of $89 may be charged.

6.7 Barista Buddy is not liable for equipment failures caused by missed servicing, lack of access, or failure to provide Total Cup counts.

7.0 Client Requirements

7.1 The Client must complete all Daily and Weekly cleaning procedures, including:

7.1 (a) Running the automated Milk Rinse

7.1 (b) Running the Brewer Warm Up cycle

7.1 (c) Powering down the machine at the end of each day

7.1 (d) Topping up supplied consumables as required

7.1 (e) Filling the water tank (if tank-fed)

7.1 (f) Washing and sanitising the water tank (if tank-fed or plumbed to a reservoir)

7.1 (g) Cleaning the drip tray and grounds container

7.1 (h) Wiping down the exterior of the machine and milk fridge

7.1 (i) Cleaning the milk foamer unit

7.1 (j) Flushing and cleaning the milk lines

7.1 (k) Completing Weekly Cleaning as instructed by Barista Buddy

7.2 The Client must provide Total Cup counts when requested.

7.3 Failure to clean correctly may cause blockages or damage.

7.4 If blockages or faults occur due to improper cleaning, the Client is responsible for:

7.4 (a) Call-out fee of $269

7.4 (b) Parts required

7.4 (c) Labour costs

7.5 Repeated cleaning failures may result in:

7.5 (a) weekly servicing charges, or

7.5 (b) termination of the agreement and retrieval of the equipment.

7.6 Enusre all equipment is correctly Tested & Tagged.

7.7 Ensure all staff are aware of the correct safely use of the coffee machine, handling hot drinks etc.

8.0 Stock Control & Accountability

8.1 Consumables supplied by Barista Buddy (including beans and any items listed in Schedule 1) must only be used in the Barista Buddy equipment.

8.2 Barista Buddy records all stock delivered. The Client is responsible for secure storage and proper use.

8.3 If consumables delivered do not reasonably match Total Cup counts, Barista Buddy may:

8.3 (a) invoice for missing or unaccounted stock at Schedule 1 rates, or

8.3 (b) apply estimated usage based on historical consumption.

8.4 The Client is fully responsible for all stock once delivered and will be invoiced for shortages, misuse, or loss.

8.5 Using Barista Buddy beans or consumables in any other machine will be invoiced at double the scheduled rate.

9.0 Title

9.1 Barista Buddy may register a PPSR security interest over the equipment. The Client must assist with documentation.

9.2 The Client must not relocate, modify, repair, open, tamper with, or interfere with the equipment.

9.3 The Client is responsible for any damage caused by misuse, movement, incorrect cleaning, relocation, spills, water issues, or power faults.

9.4 The Client must make good any loss, damage, or cost incurred due to improper use.

10.0 Delivery & Return

10.1 Delivery, relocation (if approved), and collection are provided free of charge.

10.2 Upon termination, the equipment must be returned in a clean, working condition.

10.3 Excessive cleaning, mould, blockages, or damage will incur cleaning or repair charges as listed in Schedule 1.

10.4 A decommissioning fee of $229 applies if the Client cancels the agreement within the first 90 days and the equipment is located outside the Sydney Metro CBD or ACT CBD.

10.5 No decommissioning fee applies after 90 days.

11.0 Service, Repair & Replacement

11.1 Barista Buddy will repair or replace equipment not damaged by the Client.

11.2 Replacement equipment may be provided subject to availability.

11.3 Clients must complete troubleshooting steps before a technician is dispatched.

11.4 If a fault is caused by improper cleaning or misuse, a $269 call-out fee applies plus parts and labour.

12.0 Replacement Costs & Parts

12.1 If equipment is damaged beyond repair due to misuse, neglect, relocation, or tampering, the replacement cost is:

12.1 (a) Coffee Machine: $5,200 + GST

12.1 (b) Milk Fridge: $499 + GST

12.2 Replacement costs are invoiced immediately upon assessment.

12.3 If internal cleaning, unblocking, descaling, or repair is required due to improper or insufficient cleaning, the Client is responsible for:

12.3 (a) all parts required to restore the equipment,

12.4 (b) all labour costs, and

12.5 (c) any deep-cleaning or descaling charges.

12.4 These charges apply in addition to the standard $269 call-out fee.

13.0 Amendment

3.1 Barista Buddy may update these terms by issuing a new agreement to the Client’s nominated email.

13.2 Failure to respond with any objections within 7 business days constitutes acceptance.

14.0 Privacy & Data Handling

14.1 Barista Buddy may collect Client information for billing, servicing, account management, and operational requirements.

14.2 Information may include contact details, service history, site information provided by the Client, and equipment performance data

such as Total Cup counts.

14.3 Barista Buddy will not sell or disclose personal information to third parties except:

14.3 (a) where required for billing or service delivery,

14.3 (b) where required by law, or

14.3 (c) where the Client has provided consent.

14.4 Personal information is handled in accordance with the Privacy Act 1988 (Cth).

14.5 The Client may request access to or correction of their personal information at any time.

15.0 Limitation of Liability

15.1 Barista Buddy is not liable for indirect, incidental, or consequential losses, including business interruption or loss of profit.

16.0 Force Majeure

16.1 Neither party is liable for delays or non-performance caused by events outside reasonable control.

17.0 Confidentiality

17.1 Both parties must keep confidential all information exchanged under this agreement unless required by law.

18.0 Termination

18.1 The Client may terminate with 30 days’ written notice.

18.2 Barista Buddy may terminate with 2 days’ written notice.

18.3 All outstanding amounts become immediately payable upon termination.

18.4 Equipment must be returned clean and in working order or cleaning/repair fees apply.

19.0 Indemnification

19.1 The Client indemnifies Barista Buddy against all claims, losses, damages, liabilities, or expenses arising from the Client’s use of the equipment or

failure to comply with this agreement.