- This Agreement commences on the date this Agreement is signed or the date the Services are commenced, whichever is earlier and terminates on full payment of the Fees due under this Agreement.
- Subject to payment of the Fees, Barons Beverage Services (from here on referred to as Barons) agrees to provide the Services and Goods, as described on the attached Quotation, on the terms and conditions set out in this Agreement.
- The Customer agrees to pay the Fees.
- The Fees are subject to change if the Customer requires additional Services or Goods. In the event that the Customer requires additional Services or Goods, an additional Quotation will be issued, and this Agreement will be deemed to apply to that Quotation.
- If full payment of an invoice has not been received within the allocated time frame, Barons may Charge:
- interest at the rate of 18% per annum and calculated and payable on a daily basis; and
- a $55 weekly admin fee until full payment has been received. – Vicky Needs to be made aware of this and to charge accordingly.
- Title to the Goods remains with Barons and does not vest in the Customer until full payment of the Fees is made.
- In the event that the Customer does not pay the Fees as they fall due, the Fees become a liquidated debt due and payable to Barons. The Customer indemnifies Barons for all costs, including legal costs on a full indemnity basis, in recovering the debt.
- The risk of loss or damage to the Goods passes to the Customer on delivery. Unless damage or loss is caused through the negligence of Barons, it accepts no responsibility and is not liable for any damage or loss of materials, equipment or systems once they have been delivered to the Customer.
- The Customer must ensure full unrestricted access is to be made available to Barons to the area where the Services are to be completed. Barons may postpone the Services or charge an additional amount for time spent making the area accessible.
- The Customer acknowledges and agrees that it is the Customer’s responsibility to obtain all permits and approvals from all relevant Government bodies and authorities, the Landlord, Body Corporate or any other similar governing body. Barons accepts no responsibility for work carried out without relevant permits and approvals.
- All storage and space requirements to store materials, parts, equipment and systems is the responsibility of the Customer unless otherwise stated.
- Barons has no liability to, and the Customer indemnifies Barons, for any damage to or loss of property whatsoever and however described as a result of the provision of the Services or the supply of the Goods.
- The Customer agrees to disclose to Barons if they are obtaining finance for the Services or Goods supplied by Barons and further agrees to provide confirmation of finance approval before Barons will commence installation of Goods or delivery of Services.
- The Customer acknowledges and agrees that not withstanding that the Services and Goods may be subject to an insurance claim the Customer is responsible for payment of invoices under this Agreement. If repairs or service is part of a claim for insurance, Barons will not commence work unless:
- the Customer undertakes to pay Barons’ invoice in full when it becomes due notwithstanding receipt of the Customer’s insurance proceeds; and
- the Services and Goods are not required to be provided by Barons until the Customer has provided evidence that Barons’ quotation has been accepted by the Customer’s insurer.
- In this clause the words “financing statement”, “financing change statement”, “security agreement”, and “security interest” each have the meaning given to them by the Personal Property Securities Act 2009 (Cth) (“PPSA”).
- The Customer acknowledges and agrees that this Agreement constitutes a security agreement for the purposes of the PPSA and creates a security interest in the Goods that have been supplied by the Barons to the Customer under this Agreement.
- The Customer undertakes to:
- promptly sign any further documents and to provide any further information (such information to be complete, accurate and up-to-date in all respects) which Barons may reasonably require to;
- register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
- register any other document required to be registered by the PPSA; or
- correct a defect in a statement referred to in this clause;
- indemnify, and upon demand reimburse, Barons for all expenses (including legal costs) incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby; and
- not register or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Barons.
- The Customer waives their rights to receive notices under the PPSA.
- Unless otherwise agreed to in writing by the Barons, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
- Until full payment for the Goods is provided to Barons by the Customer, Barons has the right to enter the Customer’s premises and take control of the Goods.
- Subject to any express provisions to the contrary nothing in this Agreement is intended to have the effect of contracting out of any of the provisions of the PPSA.
- promptly sign any further documents and to provide any further information (such information to be complete, accurate and up-to-date in all respects) which Barons may reasonably require to;
- This Agreement applies to all Goods and Services provided by Barons to the Customer and forms the sole agreement between Barons and the Customer and supersedes and excludes to the extent possible at law any terms and conditions in previous offers or orders and any statements, representations ppb or conduct made or done prior to entering into this Agreement.
- The proper law applying to this Agreement is the law of Western Australia and the parties agree that all claims and disputes relating to this Agreement shall be determined in a Court of competent jurisdiction in Western Australia.
- If the Customer does not sign this Agreement but continues to provide instructions or accept Goods or Services from Barons, the Customer will be deemed to have accepted the terms and conditions of this Agreement.
BARONS BEVERAGE SERVICES GUARANTEE
At Barons Beverage Services, we guarantee that all work will be carried out to the highest possible standards, meeting or exceeding brewery industry benchmarks.
- Parts Guarantee
- New parts are covered by a 12-month warranty.
- Reconditioned parts are covered by a 3-month warranty.
- Second-hand parts carry no warranty.
- Labour Guarantee
- All labour performed by Barons Beverage Services is guaranteed for 3 months from the date of completion.
- Warranty work will be carried out during normal working hours (7.00am–4.30pm, Monday to Friday, excluding public holidays).
- Exclusions
- General wear and tear from daily use and cleaning of beer dispensing equipment is not covered.
- Any damage caused by neglect or improper use is excluded.
- Any existing equipment re-used at the customer’s request is not covered by this warranty.
- All equipment must be serviced at least every six months for the warranty to remain valid.
At Barons Beverage Services, we stand behind our work and our equipment. We work tirelessly to ensure our customers’ satisfaction and the long-term performance of every system we install.