TERMS & CONDITIONS
Terms of trade
1. Definitions
1.1 Bean Shot shall mean Bean Shot Coffee Ltd (Company Reg No 8359271, United Kingdom), its successors and assigns or any person acting on behalf of and with the authority of Bean Shot Coffee Ltd.
1.2 Customer shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by Bean Shot to the Customer.
1.3 Guarantor means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4 Goods shall mean Goods supplied by Bean Shot to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorization or any other forms as provided by Bean Shot to the Customer.
1.5 Services shall mean all Services supplied by Bean Shot to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 Price shall mean the price payable for the Goods as agreed between Bean Shot and the Customer in accordance with clause 3 of this contract.
2. Acceptance
2.1 Any instructions received by Bean Shot from the Customer for the supply of Goods and/or the Customers acceptance of Goods supplied by Bean Shot shall constitute acceptance of the terms and conditions contained herein and shall constitute full acceptance of instructions from the Customer.
2.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of Bean Shot Coffee Ltd.
3. License
Unless otherwise stated, Bean Shot Coffee Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or video content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
Republish material from this website (including republication on another website);
Sell, rent or sub-license material from the website;
Show any material from the website in public;
Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
Edit or otherwise modify any material on the website; or
Redistribute material from this website [except for content specifically and expressly made available for redistribution or sharing].
3. Price And Payment
4.1 Bean Shot reserves the right to change the Price in the event of a variation to any Bean Shot price quotation.
4.2 Any national, state or local taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5. Delivery Of Goods
5.1 At Bean Shot’s sole discretion delivery of the Goods shall take place when: (a) the Customer takes possession of the Goods at Bean Shot’s address or affiliate of Bean Shot; or (b) the Customer takes possession of the Goods at the Customers nominated address (in the event that the Goods are delivered by Bean Shot or Bean Shot’s nominated carrier).
5.2 At Bean Shot’s sole discretion the costs of delivery are: (a) included in the Price; or (b) in addition to the Price; or (c) for the Customers account.
5.3 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then Bean Shot shall be entitled to charge a reasonable fee for redelivery.
5.4 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5.5 The failure of Bean Shot to deliver shall not entitle either party to treat this contract as repudiated.
5.6 Bean Shot shall not be liable for any loss or damage whatever due to failure by Bean Shot to deliver the Goods (or any of them) promptly or at all.
6. Risk
5.1 If Bean Shot retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
7. Title
7.1 Bean Shot and the Customer agree that Bean Shot’s ownership of the Goods shall not pass until: (a) the Customer has paid Bean Shot all amounts owing for the particular Goods; and (b) the Customer has met all other obligations due by the Customer to Bean Shot in respect of all contracts between Bean Shot and the Customer.
7.2 Receipt by Bean Shot of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognized and until then Bean Shots ownership or rights in respect of the Goods shall continue.
8. Customers Disclaimer
8.1 The Customer hereby disclaims any right to rescind, or cancel any contract with Bean Shot Coffee Ltd or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by Bean Shot and the Customer acknowledges that the Goods are bought relying solely upon the Customers skill and judgment.
9. Defects
9.1 The Customer shall inspect the Goods on delivery and shall within three (3) days of delivery (time being of the essence) notify Bean Shot of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Bean Shot an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Bean Shot has agreed in writing that the Customer is entitled to reject, Bean Shot’s liability is limited to either (at Bean Shot’s discretion) replacing the Goods, repairing the Goods, or a store credit.
10. Returns
10.1 Returns will be accepted up to 10 days after delivery, however no refunds will be issued, store credit only.
11. Applicable law
11.1 This site is created and controlled by Bean Shot Coffee Ltd in the jurisdiction of the United Kingdom. As a result, the laws of the United Kingdom will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
12. Warranty
12.1 For Goods not manufactured by Bean Shot, the warranty shall be the current warranty provided by the manufacturer of the Goods. Bean Shot shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
12.2 To the extent permitted by statute, no warranty is given by Bean Shot as to the quality or suitability of the Goods for any purpose and any implied warranty, is expressly excluded. Bean Shot shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.