Vending Terms

There terms and conditions govern vending machines and associated equipment we install at third party premises. Please read them carefully.

 

TERMS AND CONDITIONS FOR VENDING EQUIPMENT (COLD DRINK AND SNACK)

1.    Definitions

CCA means Coca-Cola Amatil (N.Z.) Limited.

Commission means the commission earned at the agreed rate on the net sales revenue generated by the sale of Products via the Vending Equipment.

Customer means the renter or hirer of Vending Equipment.

Premises means the facility or location owned or occupied by the Customer and at which the Vending Equipment is installed.

Products means the non-alcoholic beverages and snack foods sold by CCA from time to time.

Vending Equipment means vending machines and accessories supplied by CCA.

2.    Licence

The Customer grants to CCA the exclusive right to provide, install, operate, maintain and access the Vending Equipment for the sale of the Products at the Premises on these terms and conditions.

3.    Term

This licence will be for a term of 36 months commencing from the date of installation of the Vending Equipment at the Premises, unless otherwise agreed, and is automatically renewable for further 12 month periods unless terminated by either party as provided in this licence.

4.    Commission

4.1 CCA agrees to pay Commission to the Customer on the sales generated by the Vending Equipment.  Commission will be payable in quarterly instalments on the last day of the month following the end of the relevant quarter in respect of that quarter (a quarter being 1 January to 31 March, 1 April to 30 June, 1 July to 30 September and 1 October to 31 December as appropriate).

4.2 If, at a due date for payment, the Commission amounts to less than $50.00, no Commission payment will be made and the balance owed by CCA will be carried over to the next quarter.

4.3 CCA may, in its sole discretion from time to time, amend the Commission upon giving the Customer not less than 14 days’ notice in writing.  The Customer will be entitled to terminate this licence by written notice given to CCA within 14 days of receipt of CCA’s notice advising of the amendment to the Commission, except where that amendment is as a result of any legislation, regulation, requirement, levy, tax, impost or charge (whether governmental or otherwise) which increases the cost to CCA of performing its obligations under this licence, in which case the Customer will have no right of termination.

4.4 The Customer warrants that it is registered for GST and will immediately notify CCA if it ceases to be registered.

4.5 CCA will issue buyer created invoices for any Commission payments due to the Customer and the Customer agrees that it will not issue any tax invoices in respect of such supply.

5.    Access, Installation and Maintenance

5.1 The Customer authorises CCA to install and maintain (and from time to time remove, replace and reinstall) at CCA’s own cost the Vending Equipment in the Premises.  If the Customer requests any relocation of the Vending Equipment, CCA may deduct $150.00 (plus GST) from the Commission payments due to the Customer to cover the costs of relocation.  CCA may decline to relocate the Vending Equipment to a position that CCA’s decides is not financially viable.

5.2 CCA will at its own expense keep the Vending Equipment in proper working order.

5.3 The electrical and telephone connections and all ancillary services required to operate the Vending Equipment will be provided by the Customer at its cost.

5.4 The Customer authorises and permits CCA to gain access to and from the Premises during the normal business hours for the purposes of stocking, maintaining, servicing and removing the Vending Equipment or any replacement Vending Equipment. In the event of a breakdown or malfunction of, or damage to, the Vending Equipment then CCA and its employees, contractors and agents will be entitled to urgent access without prior notice to the Premises to carry out repairs and servicing.

5.5 The Customer take all reasonable steps required to ensure that continuous uninterrupted supplies of electricity required for the operation of the Vending Equipment is available at all times.

5.6 The Customer must not open, tamper with, move or interfere with the Vending Equipment once installed in the Premises and must not tamper with or alter any plate or label affixed to the Vending Equipment including those which advertise any product of CCA.  The Customer will be responsible for the costs of repair where any breakdown, malfunction or damage to the Vending Equipment is due to the actions or faults of the Customer, its employees, contractors or customers.

5.6 CCA is responsible for removing the coins from the Vending Equipment and all related banking transactions.

5.7 The Customer will protect the Vending Equipment from damage and user abuse, fair wear and tear excepted, will immediately advise CCA of any breakdown, malfunction of or damage to the Vending Equipment, and will not permit any person other than CCA or CCA’s employees, contractors and agents to perform repairs on the Vending Equipment.

5.8 Necessary service calls will be actioned within 48 hours in a normal working week, excluding weekends and holidays, but reasonable endeavours will be made to service the Vending Equipment with minimal inconvenience to the Customer.

6.    Exclusivity

The Customer will not permit any person (including any company, partnership or body corporate) other than CCA to operate or situate any vending equipment on the Premises during the term of this licence.

7.    Ownership

7.1 The Vending Equipment and its contents will at all times be and remain the exclusive property of CCA.  The Customer has no rights to the Vending Equipment or its contents other than the Commission.  The Licensee will promptly advise the landlord of the Premises of CCA’s ownership rights in the Equipment.

7.2 The Customer must not part with possession of or remove the Vending Equipment or any part of it from the Premises, and must not part with the possession of the Premises without giving CCA at least 30 days’ notice in writing of the Customer’s intention to do so.

8.    Customer Account Details

The Customer must notify CCA of any changes to the Customer’s account details, and must provide supporting documentation required by CCA. CCA will not be liable for any Commission payments not received by the Customer due to inaccurate bank account details being provided or insufficient notice of any change in details submitted by the Customer to CCA.

9.    Insurance

CCA will be responsible for arranging insurance cover in respect of loss or damage of the Vending Equipment attributable to accident, fire, theft, vandalism and all other usual risks.  CCA will also obtain public liability insurance relating to the use of the Vending Equipment.

10.  Assignment

The Customer must not assign or transfer the Customer’s rights under this licence without CCA’s prior written consent.  If the Customer is a company then, for the purpose of this clause, any change in effective control or ownership of the Customer constitutes an assignment of the Customer’s rights under this licence.

11.  Termination

11.1CCA may, in its absolute discretion, terminate this licence without cause prior to the expiry of the term of this licence, by giving the Customer not less than 30 days’ notice in writing (which notice may be given at any time). CCA may also terminate this licence at any time without notice in the event that the Customer fails to observe or perform any of the Customer’s obligations contained in this licence.

11.2The Customer may terminate this licence after giving written notice to CCA if CCA fails to observe or perform any of its material obligations contained in this licence and does not remedy that failure within 4 weeks after being called upon to do so by written notice.

11.3The Customer may also terminate this licence at the end of the initial term or after that on any anniversary of the Start Date by giving at least one month’s prior notice in writing to CCA.

11.4Following termination of this agreement for any reason CCA may enter the Premises for the purposes of removing the Equipment and the provisions of clause 4.4 will apply and until that removal the Customer will continue to observe all the terms and conditions of this licence as if it had not been terminated.

12. Personal Property Securities Act 1999 (PPSA)

12.1All terms in this clause 11 have the meaning given in the PPSA and section references shall be to sections of the PPSA.

12.2To the extent that this licence creates a Security Interest in the Vending Equipment and the money deposited in the Vending Equipment the     Customer agrees that CCA may register a financing statement under the provisions of the PPSA.

12.4Nothing in sections 114(1)(a), 133 and 134 of the PPSA will apply to this licence.

12.4 The Customer waives its right to receive a copy of any verification statement.

12.5 The Customer waives its rights under sections 116, 117, 119, 120(2), 121, 125, 131 and 132 of the PPSA.

13. Liability

Each party’s liability to the other for any costs, losses or liabilities whatsoever and howsoever incurred by a party as a result of any action or inaction of the other party or any breach by a party of its obligations under this licence, will be limited to $2,000.00 per event or series of events.