BeerSaver - Trial & Service Terms and Conditions
Draught beer line management • Microbial suppression technology • Cellar services
Trial & Service Terms and Conditions
Trial Period
The trial period is four (4) weeks from the installation date. After this, monthly charges apply. Pricing is confirmed separately in writing in your BeerSaver Savings Report, which includes your charge structure for continuing use of BeerSaver.
Direct Debit Discount
All prices quoted include a 15% Direct Debit discount, which is conditional upon payment being made by Direct Debit for the duration of the service.
Should the Lessee choose to pay by any alternative payment method, fail to set up their Direct Debit, cancel their Direct Debit instruction, or otherwise cease making payment by Direct Debit, the 15% discount will no longer apply and the charges will automatically revert to the applicable standard, non-discounted price for that billing period.
For the avoidance of doubt, the quoted price represents 85% of the standard price. Accordingly, removal of the 15% Direct Debit discount will result in the charge being adjusted to the full standard tariff.
Continuation of Service
Unless you notify us in writing that you do not wish to continue with the BeerSaver service, the ongoing service charges will commence four (4) weeks from the installation date. We hope you are happy to continue benefiting from BeerSaver, but if you decide that you do not wish to proceed beyond this point, please simply let us know in writing before the four-week period expires and no ongoing service charges will be applied.
Definitions
In these Terms and Conditions:
Supplier means the legal entity trading as BeerSaver which is identified in the applicable quotation, BeerSaver Savings Report, order form, invoice, installation record or other written confirmation as supplying the BeerSaver System to the Lessee. The Supplier may include, without limitation, Cambridge Scientific Solutions Ltd, Brilliant Business Solutions Ltd, Digital Waste Management Ltd, Beer Waste Management Ltd, or any other company or legal entity from time to time trading under or using the BeerSaver name or brand.
BeerSaver means the BeerSaver trading name, brand and service offering used by the Supplier. References in these Terms to BeerSaver do not of themselves make every entity using the BeerSaver brand a party to this Agreement; the contracting party is the Supplier identified in the relevant customer documentation.
Lessee means the entity to whom the Supplier supplies the BeerSaver equipment, including on a trial basis.
BeerSaver System means the system provided and operated at the supply location.
Equipment means all BeerSaver hardware, cabling, emitters, control units and associated components supplied by, owned by, or supplied on behalf of the Supplier.
BeerSaver Control Unit means each individual electronic control box supplied by or on behalf of the Supplier.
Address means the installation location notified to or agreed with the Supplier.
Landlord includes the freeholder, superior landlord, managing agent or premises owner.
Minimum Term means any agreed contractual term exceeding thirty (30) days.
Renewal Term means a further period equal to the Minimum Term.
1. Performance Guarantee
Supplier guarantees to the Lessee that the BeerSaver System will provide an extended period between beer line cleans, subject always to:
maintenance of correct cellar conditions;
maintenance of beer dispense equipment in satisfactory condition;
compliance with survey recommendations issued prior to installation; and
use of appropriate cleaning methods and intervals as recommended by Supplier from time to time.
Failure to maintain these conditions may invalidate any performance expectations.
2. Fault Reporting
The Lessee shall promptly notify Supplier of any suspected fault and follow instructions provided by Supplier. Supplier shall use reasonable endeavours to respond within forty-eight (48) hours of notification.
3. Ownership of Equipment
All Equipment remains the sole and exclusive property of Supplier at all times. Title shall not pass to the Lessee under any circumstances.
3.1 Non-Recoverable Equipment
Equipment shall be deemed non-recoverable where (including but not limited to):
access to the Equipment is refused or obstructed;
reasonable access is not provided within fourteen (14) days of request;
Equipment is removed, tampered with, damaged or disposed of without Supplier consent;
the site is vacated without notice to Supplier;
the Equipment cannot reasonably be retrieved due to acts or omissions of the Lessee; or
the Lessee fails to comply with Clause 11.
Where Equipment is non-recoverable, Supplier may charge up to £5,000 per individual BeerSaver Control Unit.
3.2 Indemnity for Recovery Costs
The Lessee shall fully indemnify and keep indemnified Supplier against all reasonable costs, losses, expenses and professional fees incurred by Supplier in:
recovering Equipment;
attempting recovery;
tracing Equipment; or
enforcing its rights under this Agreement.
4. Access
The Lessee shall allow Supplier, its agents or representatives access to the Address and the location of the Equipment at all reasonable times for inspection, beer line cleaning, performance review, maintenance, replacement, repair or removal of Equipment.
5. Term and Termination
5.1 Contract Structure
Where no Minimum Term is agreed, the Agreement shall commence on installation and continue on a thirty (30) day rolling basis.
Where a Minimum Term is agreed, the Agreement shall continue for that Minimum Term and thereafter renew in accordance with Clause 5.3.
5.2 Fixed Term Protection
Where the parties expressly agree a Minimum Term, the version of the Terms and Conditions in force at the commencement of that Minimum Term shall apply for the duration of that Minimum Term unless otherwise varied in writing.
5.3 Auto-Renewal (Evergreen)
Where the parties have agreed a Minimum Term exceeding thirty (30) days, upon expiry of that Minimum Term the Agreement shall automatically renew for a further period equal to the Minimum Term (the Renewal Term) unless either party gives valid notice in accordance with Clause 5.4.
Each Renewal Term shall thereafter automatically renew for successive periods equal to the Minimum Term unless and until terminated in accordance with this Agreement.
Where no Minimum Term has been agreed, the Agreement shall continue on a thirty (30) day rolling basis.
5.4 Termination
Rolling contracts (no Minimum Term):
Either party may terminate the Agreement by giving not less than thirty (30) days’ written notice.
Fixed-term contracts:
Where a Minimum Term has been agreed:
the Agreement may not be terminated for convenience during the Minimum Term; and
either party must give not less than ninety (90) days’ written notice prior to the expiry of the Minimum Term or any Renewal Term to terminate at the end of that term.
If such notice is not received in time, the Agreement shall automatically renew in accordance with Clause 5.3.
5.4.1 Final Payment Obligation
Upon termination of this Agreement for any reason, the Lessee shall remain liable for the full payment of the final monthly service charge covering the applicable notice period. For the avoidance of doubt, the Lessee shall be required to pay the full monthly charge for the final billing period that falls within the notice period, and no pro-rata reduction shall apply, regardless of the date on which termination takes effect.
5.5 Immediate Termination by Supplier
Supplier may terminate the Agreement immediately on written notice where the Lessee:
fails to pay any sums due;
obstructs or refuses access;
commits a material breach of these Terms; or
becomes insolvent, enters administration or liquidation, or ceases trading.
6. Transfer
Subject to the Lessee being up to date with all payments, this Agreement may be transferred to a subsequent owner or occupier of the Address with the prior written consent of Supplier (such consent not to be unreasonably withheld).
The Lessee shall remain liable for all obligations until the transfer is completed.
If any agreed payment plan is cancelled by the Lessee without prior written notice to Supplier, an administration charge of £35 shall apply.
7. Suspension Rights
Without prejudice to any other rights or remedies available to it, Supplier reserves the right to suspend services, support, analytics, line cleaning and/or remote functionality where:
any invoice remains overdue;
access to the Equipment or Address is refused or obstructed; or
the Lessee is otherwise in breach of this Agreement.
Where any invoice remains unpaid more than fourteen (14) days after the due date, Supplier may suspend services immediately without further notice.
Any suspension shall not relieve the Lessee of its obligation to pay all sums due.
Supplier reserves the right to charge reasonable costs associated with suspension and reinstatement.
8. Aborted Line Clean
Where a pre-arranged line clean cannot be completed due to lack of access, an aborted visit charge of £150 shall apply.
9. Failed Direct Debit
Where a Direct Debit payment is returned or declined, an administration charge of £35 shall be applied.
10. Payment Terms and Late Payment Interest
Unless otherwise agreed in writing, all invoices issued by Supplier are payable within thirty (30) days of the invoice date.
If any sum is not paid by the due date, Supplier reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 at 8% per annum above the Bank of England base rate, calculated daily from the due date until payment is received in cleared funds.
Supplier further reserves the right to claim statutory compensation and all reasonable debt recovery costs.
11. Site Abandonment and Asset Protection
If the Lessee vacates, abandons, assigns, sells, or otherwise ceases trading from the Address without giving Supplier reasonable prior written notice and opportunity to recover the Equipment, the Equipment shall be deemed non-recoverable and charges under Clause 3 shall apply immediately.
11.1 Lessee Notification Obligations
Prior to any sale, assignment, transfer, surrender of lease, or change of occupation of the Address, the Lessee shall:
notify the incoming owner, tenant or occupier in writing that the Equipment is and remains the sole property of Supplier;
confirm the Equipment does not form part of any sale, lease, fixtures and fittings list, or other disposal of the premises; and
provide Supplier with reasonable advance written notice of the intended change.
Failure to comply with this clause shall constitute a material breach of this Agreement and the Equipment may be treated as non-recoverable.
11.2 Right of Entry
Where the Lessee is in breach, has vacated or abandoned the premises, or the Equipment is reasonably believed to be at risk, Supplier and its authorised representatives may, upon giving reasonable notice where practicable, enter the Address during normal business hours for the purpose of inspecting, isolating and/or recovering the Equipment.
11.3 Right to Notify Landlord
Supplier reserves the right to contact and notify the Landlord or managing agent of:
Supplier’s ownership of the Equipment;
the presence of its assets on site; and
its intention to recover them where necessary.
The Lessee irrevocably consents to such contact.
11.4 Asset Labelling
Supplier reserves the right to affix asset labels, identification plates, RFID tags or other ownership markings to the Equipment at any time. The Lessee shall not remove, obscure or damage such markings.
12. Personal Guarantee (Independents)
Where the Lessee is a limited company or new business, Supplier reserves the right to require a director or proprietor to enter into a personal guarantee. Where provided, the guarantor shall be jointly and severally liable for all sums due.
13. Limitation of Liability
To the fullest extent permitted by law:
Supplier shall not be liable for any loss of profit, loss of business, loss of goodwill, or indirect or consequential loss; and
Supplier’s total aggregate liability shall not exceed the total fees paid by the Lessee in the preceding twelve (12) months.
Nothing limits liability for death or personal injury caused by negligence or for fraud.
14. Force Majeure
Supplier shall not be liable for failure or delay caused by events beyond its reasonable control including acts of God, flood, fire, pandemic, labour disputes, supply chain failure or utility interruption.
15. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations or agreements.
16. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of its courts.
17. Variation of Terms
Supplier reserves the right to update or amend these Terms and Conditions from time to time.
Where any variation is material, Supplier shall provide the Lessee with not less than thirty (30) days’ written notice.
Updated Terms shall apply to:
all new Agreements; and
existing Agreements operating on a rolling basis.
Fixed-Term Protection
Where the Lessee is within an agreed Minimum Term, the version of the Terms and Conditions in force at the commencement of that Minimum Term shall continue to govern the Agreement for the duration of that Minimum Term unless otherwise agreed in writing.
For the avoidance of doubt, all provisions of these Terms and Conditions remain fully binding during the Minimum Term.
Any updated Terms shall apply from the expiry of the Minimum Term (or earlier where agreed in writing).
Continued use after the effective date constitutes acceptance.
18. Debt Recovery and Third-Party Costs
Without prejudice to any other rights or remedies, where any sum due under this Agreement remains unpaid after the due date, Supplier reserves the right to:
refer the debt to a third-party debt recovery agency, solicitor or tracing agent; and
recover from the Lessee all reasonable costs and fees incurred by Supplier in connection with such recovery action.
Such costs may include (without limitation):
debt collection agency fees;
solicitor’s costs;
tracing agent fees;
court fees; and
enforcement costs.
These costs shall be recoverable as a contractual debt in addition to any statutory interest and compensation payable under the Late Payment of Commercial Debts (Interest) Act 1998.
19. Unauthorised Removal or Interference with Equipment
The Equipment shall remain the sole and exclusive property of Supplier at all times.
The Lessee shall not, and shall ensure that its employees, agents, contractors and any third parties do not, remove, tamper with, relocate, permit the removal of, or otherwise interfere with the Equipment without the prior written consent of Supplier.
Any knowing authorisation, instruction, or permission by the Lessee allowing a competitor or other third party to remove or interfere with the Equipment shall constitute a material breach of this Agreement.
In such circumstances, the Lessee agrees that Supplier shall be entitled to recover liquidated damages of £20,000, representing a genuine pre-estimate of the commercial, operational, reputational and recovery losses likely to be suffered.
This sum shall be without prejudice to Supplier’s right to recover:
the cost of equipment recovery or replacement;
all reasonable investigation and tracing costs;
engineer call-out and reinstatement costs;
legal and debt recovery costs; and
any additional losses properly incurred where they exceed the above amount.
For the avoidance of doubt, the Lessee shall remain fully responsible for the Equipment until it has been physically recovered by Supplier or its authorised representatives.
BeerSaver - Trial & Service Terms and Conditions