Terms and conditions on which 92 Degree Espresso provides services to consumers
92 Degree Espresso provides services on the following terms and conditions.
1. The meaning of some words used in these terms and conditions
We, us or our is a reference to 92 Degree Espresso;
You or your is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
Materials means any materials, goods, parts or items we need to buy in order to perform the Services;
Parties is a reference to both us and you;
Premises means the place where we will provide the Services; and
Services means the installation we will provide in connection with coffee Catering. The precise Services we will be providing to you will stated in the quotation and as we agree from time to time.
2. Entering into a legally binding contract
(a) A contract between you and us will come into being in one of two ways:
(i) When you accept the quotation, we and you will enter into a legally binding contract on the date you sign or provide authorisation via email.
(ii) Where you and we agree orally that we should provide the Services then there will be a legally binding contract on the date of our oral agreement.
(b) We suggest that before you accept the quotation or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
(c) You should keep a copy of these terms and conditions for your records.
3. Providing the Services
(a) Once we and you have entered into a legally binding contract we will normally start providing the Services to you straight away or on a date agreed between us.
(b) Our aim is to always provide you with the Services:
(i) using reasonable care and skill;
(ii) in compliance with commonly accepted practices and standards in the hospitality industry; and
(iii) in compliance with Victorian laws and regulations in force at the time we are carrying out the Services.
4. Days and times when we normally provide the Services and performance of Services away from the Premises
(a) Unless you and we agree otherwise, we will provide the Services on normal working days and start work no earlier than the agreed time and finish work no later than the agreed time.
Situations or events outside our reasonable control
(a) There are certain situations or events which occur which are not within our reasonable control (some examples are given in paragraph (b), directly below). Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
(b) The following are examples of events or situations which are not within our reasonable control:
(i) where you make a change in the Services you wish us to perform (and this results in, for example, us having to do further work or wait for new or different Materials);
(ii) where we have to wait for other providers of services (who have been engaged by you) to complete their work before we are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);
(iii) where we are unable to gain access to the Premises to carry out the Services at the times and dates we have agreed with you;
(iv) where the areas in the Premises have not be readied by you as we and you have agreed in order for us to perform the Services;
(v) for other some unforeseen or unavoidable event or situation which is beyond our control.
(c) The following are examples of events or situations which are not within our reasonable control:
(i) continuing to wait until we are able to recommence performing the Services. If you are required to make any payments during this period (for example if we and you have agreed that you will pay us in staged amounts) then we will not require you to make any of the payments required until we are able to recommence performing the Services; or
(ii) allowing you to terminate the contract. If you choose this option then you will only have to pay for any Services we have performed up to the date of termination and for any Materials for which we have a legal obligation to pay. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within 21 days of cancellation.
7. Price, estimates and payment
7. 1. When payment is required
Payment for our Services and the Materials is normally made in two ways, either:
(a) at the time we finish performing the Services; or
(i) the payment in full before we commence performing the Services
Which option we will use will be indicated on the quotation.
All amounts stated (whether orally or in writing) are exclusive of GST.
7.5. If you do not pay when required to, we reserve the right to
(a) charge you interest (at an interest rate of 3%, compounding daily) on any outstanding amounts if those outstanding amounts remain unpaid for more than 7 days from the date of our invoice or when we asked you first to pay them; and/or
(b) if the amounts not paid represent more than 50% of the total value of the Services we are to perform for you, and there remain some Services which we have not yet performed, then we may suspend performing the remaining Services until you make payment.
7. 6. Where you seek to not pay amounts due to us
You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.
8. Communicating with us
(a) You can always telephone us (our contact number is +61 468 365 201).
(b) However, for important matters we suggest that you use writing and send any communications by post to 92 Degree Espresso, 1/18 Synnot St, Werribee, Victoria, 3030 (although we do accept e-mails).
9. Termination of contract by you
(c) Once we and you enter into a binding contract you will normally not be able to terminate the contract, except where we agree or as otherwise provided for in this contract.
(d) If we agree to terminate the contract then you will be responsible for the cost of:
(i) any of our time in performing the Services up to the date we stop providing the Services; and
(ii) any Materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is terminated). Any Materials we have purchased (but not used in performing the Services) will be delivered to you.
(e) In the circumstances stated in paragraph (b) we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit we will return invoice you for the amount in excess of the deposit.
(f) If you:
(i) purport to terminate the contract; or
(ii) give notice purporting to terminate the contract; or
(iii) otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you terminating the contract,
we do not have to accept your termination of the contract except as provided in paragraph (b) or as otherwise provided for in this contract. However, we may choose to accept termination of the contract, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.
11. Amendments to the contract terms and conditions
We will have the right to amend the terms and conditions of this contract where:
(a) we need to do so in order to comply with changes in the law or for regulatory reasons; or
(b) we are changing the rates we charge for the provision of Services
(c) we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract; or
(d) we need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract.
Where we are making any amendment we will give you 30 days’ prior notice (unless the contract is terminated before that period).
12. Contacting each other
If you wish to send us any notice or letter then it needs to be sent to 92 Degree Espresso of 1/18 Synnot St, Werribee, Victoria, 3030. If we wish to send you a letter or notice we will use the address you have provided.
13. Law and jurisdiction
This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Victoria, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Victoria.