Terms of Service

This service agreement is between Barista Buddy Pty Ltd ABN 29 643 227 392 and the Client nominated in Schedule 1 of this agreement.

1. Acknowledgement

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. All equipment provided by Barista Buddy Pty Ltd always remains the property of Barista Buddy Pty Ltd.
3. All consumables and stock provided by Barista Buddy Pty Ltd to the client remain the property of Barista Buddy until such time as it has been consumed by the Client.
4. This agreement is between Barista Buddy and the Client and is not transferable.
5. Barista Buddy Pty Ltd and the client agree that this is a legally binding contract.

2. Costs

1. Unless otherwise provided for in Schedule 1, Barista Buddy will provide the Equipment to the Client by way of a loan without charge for the duration of the Loan Period.
2. All equipment nominated in Schedule 1 is provided to the Client free of charge with no hire, commissioning, decommissioning or rental costs.
3. The Client is required to pay for what has been consumed or damaged pursuant to the schedule of rates specified in Schedule 1.
4. Barista Buddy Pty Ltd can upon request provide photographs of the stock and cup counter to determine what has been consumed by the Client.
5. Barista Buddy Pty Ltd will not charge the client for any stock or items which have not been consumed at the time of servicing/stocking. The cost of goods is specified in Schedule 1 or issued via email to the client’s nominated email address.
6. A minimum weekly spend of $59.00 plus GST is applicable (across coffees, drinks & snacks) if weekly consumption is lower than this amount.

3. Payments

1. The Client shall be invoiced each Friday (or every 7 days) according to the rates specified in Schedule 1. Once invoiced, a direct debit request will be issued for the total amount inclusive of GST.
2. Payment terms are COD from the date of the Invoice.
3. Barista Buddy Pty Ltd may provide photographic images upon request to validate the invoiced amount and confirm the number of items consumed by the Client as per the rates provided in Schedule 1.

4. Loan Period‍

1. The equipment is provided by Barista Buddy Pty Ltd to the Client until such time as the Client requests to end the loan period via email.
2. The Client is required to provide 7 business days’ notice via email should they request the equipment be decommissioned by Barista Buddy Pty Ltd. A final invoice will be provided upon decommissioning.
3. Barista Buddy Pty Ltd may end the loan period at any time at their absolute discretion.

5. Access & Servicing

1. The Client is required to provide Barista Buddy Pty Ltd with access to all the equipment on a weekly basis. During this access Barista Buddy Pty Ltd will clean service and restock.
2. Barista Buddy Pty Ltd will take all reasonable steps to ensure the equipment is operable and in good working condition and may not necessarily be required to access the equipment on a weekly basis.

6. Seeking Professional Guidance

1. The Client acknowledges that they are required to undertake minor tasks in the operation and use of Barista Buddy Pty Ltd coffee equipment. This is limited to the following only:
   • 1.1. Undertake 1x automated milk line rinse cycle at the end of each day.
2. Depending on the frequency of use of the machine, Barista Buddy Pty Ltd will undertake the following during the weekly visit:
   1. Top up the freshwater container if empty.
   2. Empty the drip tray if full.
   3. Empty and dry the ground beans container if full.
3. The above measures (6.1 & 2.2) may also need to be completed by the client from time to time before Barista Buddy is scheduled to visit. Barista Buddy will provide guides and training videos as required to the Client and or the Clients representative to effectively undertake the above mentioned actions in 6.1. and 6.2.
4. The Client is directed not to undertake any other actions regarding the equipment which are not specified in 6.1 and 6.2 unless expressed in writing by Barista Buddy Pty Ltd.
5. The Client is required to provide fresh milk, cups, sugar, spoons, or stirrers unless expressly stated by Barista Buddy Pty Ltd.

7. Title

1. The security interest is granted on the same basis as if the Equipment had been sold (but not yet paid for). Barista Buddy Pty Ltd is entitled and may choose to register a security interest under the PPSR in respect of the Equipment during the Loan Period. If Barista Buddy Pty Ltd elects to do so, the Client will provide all reasonable assistance in this regard and sign any necessary documents.
2. The Client, the Client’s agents or any third party related or unrelated to the Client shall not modify, sell, damage, lease, move/relocate or alter the equipment by any means. Subject to any express limitation contained in the service agreement, the Client is responsible for all costs (including repair and replacement) resulting from improper use and, if requested by Barista Buddy, will make good any loss, damage, cost, or expense incurred by Barista Buddy from such use.

8. Delivery & Return

1. Barista Buddy Pty Ltd will deliver the equipment and return the equipment free of charge to the Client.

9. Repair & Replacement

1. Upon notification from the Client, Barista Buddy Pty Ltd will repair or replace equipment which has not been damaged pursuant to 7.2 above free of charge within a reasonable timeframe. If available, replacement equipment may be provided for the duration of any such repair.

10. Promotions

1. Barista Buddy Pty Ltd may provide a free trial if nominated in Schedule 1.
2. The free trial includes free coffee, drinks & snacks for a period of 14 days from the start date. The free trial includes a stocked coffee machine limited to 1 kgs of coffee beans, stocked drink fridge & stocked snacks display. Barista Buddy will only top up the coffee beans to a maximum of 1 kg within the 14-day period. Once the provided snacks and drinks are consumed, they will not be replenished free of charge.

11. Amendment

1. Barista Buddy Pty Ltd may from time to time alter these Terms as it reasonably determines necessary and will provide the client with an updated service agreement via their nominated email address. Should the client fail to respond within 10 business days, it shall be deemed as an acceptance of the updated service agreement.
2. Machines, specifications, and images depicted may differ to the supplied, however, will have and undertake the same intended purpose.