Italian Coffee Co.

Unless otherwise agreed all service and maintenance will be provided on equipment returned to our service centre for evaluation.

Contracted onsite (at customer location) servicing and maintenance is provided subject to individual conditions of contract and subject to the following exclusions defined as User error:

(a) Errors due to a failure to follow daily cleaning guidelines resulting in blocked:

(i) steam arms; (ii) waste pipes; (iii) shower screens and three-way valves; (iv) milk pipes; (v) beverage outlets; (vi) mixers and bowls

(b) errors due to operational setup or the Customer’s employee’s behaviour, such as: (i) low pressure or temperature as a result of using coffee boiler for large amounts of water for tea or hot water supply; (ii) contaminated boiler as a result of soaking steam wands or insufficient daily usage; (iii) blown elements through excessive dirt and water entering through the top of the Equipment; (iv) correct use and filling of ingredients fit for use.

(c) tasks to be undertaken by the Customer’s employee’s, such as: (i) adjusting or troubleshooting grind settings; (ii) ensuring adequate water supply and pressure; (iii) ensuring drains and drip trays are free from dirt, blockages and are free flowing; (iv) ensuring service areas are clean and free from insect infestation.

(d) local causes and , such as: (i) blocked water filters; (ii) low water inlet pressure; (iii) local power surges and failures; (iv) insufficient or irregular power supply;

The Customer shall be responsible for the cost of all Equipment servicing, repairs and / or replacement resulting from User Error, unauthorised servicing, unauthorised relocation or movement, alteration, tampering with parts, misuse, negligence, fire, theft, loss, or damage.

APPLICABLE LAW

Any dispute or claim arising out of or in connection with services provided by Italian Coffee Company shall be governed and construed in accordance with the laws of the Iraq and under the jurisdiction of the courts of Iraq.

LIMITATION OF LIABILITY

 Italian Coffee Company is not liable in negligence, contract, breach of statutory duty or howsoever otherwise for physical or financial injury, loss or damage or for any indirect, consequential, special, exemplary, or incidental damages of any kind to persons or property (including without limitation, the Customer and persons or corporations for whose conduct the Customer is or may be liable) of any kind whatsoever as a result of any delay in supply of Product, Equipment, or otherwise arising under or out of this any purchase or agreement or its termination. Nothing in this clause limits any liability imposed by any statute unless and to the extent that it is lawful to do so. The Customer accepts that, to the extent allowed by law,  Italian Coffee Company gives no warranty that any equipment is suitable for the Customer’s purpose.  Italian Coffee Company holds public liability or commercial general liability insurance covering all products and equipment provided.  Italian Coffee Company s total liability to the Customer for damages, from any cause whosoever, and regardless of the form of action, whether in contract or tort, including negligence, is limited to actual damages up to the purchase price paid for any product or equipment. This limitation of liability will not apply to personal injury caused by  Italian Coffee Company or its agents.

INSTALLATION

Where applicable, equipment installation is included in the published price and will be arranged at a mutually agreed time and date. The customer is accountable to ensure that the location is ready for installation and that all electrical, water and drainage provisions are provided to within 1m of the installation location. 

CREDIT APPLICATIONS & CONDITIONS

(Terms of Credit) The terms of this Agreement apply in addition to any terms and conditions of credit extended by Euro coffee to the Customer.

Without prejudice to any other rights of Italian Coffee Company, if a Customer does not pay any monies owed under any agreement within the time specified then Italian Coffee Company may withdraw service, supply, and assets at their sole discretion.