Service Agreement

This agreement is between Barista Buddy Pty Ltd (ABN 29 643 227 392), Suite 19, 103 George Street, Parramatta NSW 2150, Phone: 1300 980 603, Email: hello@baristabuddy.au (“Barista Buddy”) and the Client nominated in Schedule 1.

1. Agreement Overview

• This service agreement is between Barista Buddy Pty Ltd and the Client nominated in Schedule 1 of this agreement.

2. Acknowledgment

• 2.1 Barista Buddy Pty Ltd agrees to provide the nominated equipment specified in Schedule 1 to the Client for their use under this agreement.
• 2.2 All equipment provided remains the property of Barista Buddy Pty Ltd.
• 2.3 All consumables and stock provided remain the property of Barista Buddy until consumed and paid for by the Client.
• 2.4 This agreement is not transferable.
• 2.5 Barista Buddy Pty Ltd and the Client agree this is a legally binding contract.

3. Costs

• 3.1 Unless otherwise specified in Schedule 1, equipment is loaned free of charge for the Loan Period.
• 3.2 No hire, commissioning, decommissioning, or rental fees apply.
• 3.3 The Client must pay for consumed or damaged stock as per Schedule 1.
• 3.4 Barista Buddy uses the built-in beverage cup counter to determine consumption; “Total Cups” value is invoiced.
• 3.5 Photographic evidence of cup count can be provided upon request.
• 3.6 No charges for unconsumed stock at servicing.
• 3.7 Minimum monthly spend of $79.00 plus GST applies if coffee consumption is below this threshold, covering staff and service costs.
• 3.8 Rates may increase over time with 30 days’ prior notice.

4. Payments

• 4.1 The Client will be invoiced monthly per Schedule 1 rates.
• 4.2 Payment terms are 14 days from invoice date.
• 4.3 Late payments incur 10% interest for each 7-day period overdue.

5. Loan Period

• 5.1 Equipment is loaned until the Client requests termination via email.
• 5.2 Barista Buddy may end the loan at its sole discretion.

6. Access & Servicing

• 6.1 Client must provide access to equipment at least every 4 weeks for servicing and restocking.
• 6.2 Barista Buddy will maintain equipment operability and condition.
• 6.3 If access is denied, Barista Buddy may invoice an estimated monthly spend based on previous usage, with adjustments after actual counts.

7. Client Requirements

• 7.1 The Client must perform minor operational tasks, including:
• Daily Cleaning Procedure: one automated Milk Rinse, one Brewer Warm Up, and power down at day’s end.
• Top up coffee beans, cups, lids, sugar sticks, and stirrers as required (supplied by Barista Buddy if nominated).
• Top up freshwater tank if empty.
• Empty and clean drip tray if full.
• Empty and dry ground beans container if full.
• Wipe down machine and milk fridge for presentation.
• Defrost milk fridge if icy or frosted to maintain operation.
• Weekly Milk Frother Unit Cleaning.
• 7.2 Provide monthly Total Cup count photo if requested.

8. Barista Buddy Responsibilities During Service Visits

• 8.1 Barista Buddy will, typically monthly, during service visits:
• Top up consumables supplied by Barista Buddy.
• Service, test, and calibrate the machine.
• Provide guides or training to Client or representatives to effectively perform required tasks.

9. Title & Security Interest

• 9.1 Barista Buddy may register a security interest on the equipment under the PPSR.
• 9.2 The Client will assist with documentation if requested.
• 9.3 The Client or third parties shall not modify, sell, damage, lease, move, or alter equipment.
• 9.4 Client bears all costs from improper use and must compensate Barista Buddy for any losses or damage.
• 9.5 Failure to complete cleaning obligations may result in part replacements charged to the Client.

10. Delivery & Return

• 10.1 Barista Buddy will deliver and return equipment free of charge.

11. Service, Repair & Replacement

• 11.1 Upon Client notification, Barista Buddy will repair or replace non-damaged equipment free of charge within a reasonable timeframe.
• 11.2 Replacement equipment may be provided during repairs.
• 11.3 Barista Buddy will perform regular servicing to maintain equipment.
• 11.4 Upon a Service Request, Barista Buddy will provide phone support and guides; Client must attempt recommended minor fixes.
• 11.5 If unresolved, a technician will be dispatched.
• 11.6 If failure is due to Client’s improper cleaning, a call-out fee of $269.00 applies.

12. Amendments

• 12.1 Barista Buddy may update these Terms and notify the Client via nominated email.
• 12.2 Failure to respond within 10 business days constitutes acceptance.

13. Limitation of Liability

• 13.1 Barista Buddy is not liable for indirect, incidental, or consequential damages including loss of profits or business interruption related to the equipment or services.

14. Force Majeure

• 14.1 Neither party is liable for failure to perform due to causes beyond reasonable control, such as acts of God, war, terrorism, strikes, or regulations.

15. Confidentiality

• 15.1 Both parties shall keep confidential all information except as required by law or with written consent.

16. Termination

• 16.1 Client may terminate with 30 days’ written notice; equipment must be returned in good condition and outstanding payments settled.
• 16.2 Barista Buddy may terminate with 2 days’ written notice.

17. Indemnification

• 17.1 Client indemnifies Barista Buddy against all claims, damages, liabilities, and expenses arising from Client’s use of equipment or services.

18. Insurance

• 18.1 The Client is responsible for insuring the equipment against loss, theft, damage, or destruction while on their premises.

19. Marketing & Photography

• 19.1 Barista Buddy reserves the right to take photographs or videos of its equipment on Client premises for marketing and social media without requiring Client consent.