Terms and Conditions
a). Installation of the Equipment at the address for installation shown overleaf shall be carried out by at the expense of the Customer as determined by CCEP Fiji.
b). The Customer shall provide at its expense safe and suitable electric power and source as is necessary for the installation and proper operation of the Equipment.
c). The Customer shall not remove the Equipment after installation or permit any third person to do so.
d). Should the Customer desire to relocate the Equipment, the Customer shall advice CCEP Fiji by notice in writing of such desire and CCEP Fiji shall relocate the Equipment at the expense of the Customer as determined by CCEP Fiji.
The Equipment is and shall always remain in the sole and exclusive property of CCEP Fiji and the Customer shall have no right, title and interest inThe Customer shall keep clean and legible the identification barcode fixed to the Equipment showing CCEP Fiji as owner of the Equipment and shall not cover up, deface or otherwise interfere with the barcode. The Customer shall not part with possession of the Equipment without prior written consent of CCEP Fiji.
a). The Customer will ensure that the Equipment is always kept in operation during the Customer's business hours and during any further periods when the Equipment is accessible to customers, with the exception of unavoidable breakdowns of the Equipment.
b). The Customer will ensure that access to the Equipment and its content is always unhindered.
4. Use for Products Manufactured by CCEP Fiji and Relevant Rentals
Where the equipment consists of a coin-operated vendor merchandiser or post-mix, the Customer, always during the lease, shall use the Equipment solely for the refrigerating, storing and dispensing of products manufactured by CCEP Fiji.
5. Trade Names
a). Products manufactured by CCEP Fiji and resold by the Customer, shall always be sold at their proper registered trade names.
b). The Customer will ensure that those registered trade names are clearly visible and are not obliterated or damaged in any way.
c). Only promotional material supplied or approved in writing by CCEP Fiji shall be used in connection with such sales.
6. Maintenance and Repair
The Customer shall always keep the Equipment clean inside and out. The Customer shall promptly notify CCEP Fiji of any defects in or breakdown of the Equipment and CCEP Fiji shall, thereupon, at its own expense and as soon as its resources permit, restore the Equipment to good working order, or at its option, replace the same with other equipment in good working order. The Customer shall not attempt to repair, modify or otherwise interfere with the Equipment or permit any third person to do so. For the avoidance of doubt, CCEP Fiji will not be liable to cover repair expenses if the breakdown is a direct result of the Customer’s actions or if the repair is required due to clause 7.
The Customer shall at all times take proper care of the Equipment and shall be responsible for any damage caused to the Equipment either as, direct result of the action or negligence of the Customer, its employee(s) or agent(s) or attributable in whole or in part to any breach of the Customer’s obligation hereunder.
CCEP Fiji by its employees or agents shall always take proper care of the Equipment and shall be responsible for any damages caused to the Equipment is situated in order to inspect, repair or replace the Equipment.
9. Consequential Damage
Except to the extent mandatorily implied by Law, CCEP Fiji shall be under no liability save as provided in Clause 6 and 11 for any loss or damage arising from any defect in breakdown of or loss of use of the Equipment or any delay in replacing the same or restoring the same to good working order, however caused.
10. Termination of Lease by CCEP Fiji
CCEP Fiji may terminate this Lease by giving the Customer fourteen (14) days’ notice in writing in any of the following circumstances:
a). If the Customer shall commit a breach of any of its obligations hereunder.
b). If the Customer shall fail to pay in full any debts due to CCEP Fiji, within seven (7) days of it becoming due.
c). If the Customer shall cease to carry on business at the address of installation shown in Agreement form or if there shall be any change in management or control of the Customer’s business at such premises.
11. Termination of Lease by Customer
The Customer may terminate this Lease
a). On fourteen (14) day's written notice of termination to CCEP Fiji; or
b). by written notice if CCEP Fiji fails to restore any defective Equipment to good working order or to replace the same with other Equipment in good working order within fourteen (14) days, subject to these Terms & Conditions.
12. Effect of Termination
Forthwith upon the expiry or prior determination of this Lease the Customer shall ensure that:
a). All use of the Equipment shall cease:
b). Entry to the premises where the Equipment is situated shall be given to CCEP Fiji, its employees or agents to enable them without interference or liability for any loss or damage thereby caused to disconnect the Equipment from the power supply and to remove it from such premises for such purpose; and such premises. The Customer irrevocably authorises CCEP Fiji, its servants or agents to enter such premises for such purpose.
No forbearance or other indulgence granted by CCEP Fiji to the Customer shall in any way discharge the Customer from any obligation of the Customer hereunder.
Services of all notices under this Lease shall be sufficient if delivered or send by ordinary prepaid post to the party concerned at that party's business address shown in Agreement form or at such other address as that party may from time to time notify in writing to the other.
15. Entire Agreement
No promise or representation not contained herein was an inducement to or was relied upon by the Customer in entering this Lease. No amendment to this Lease can be made except in writing by a person duly authorized on behalf of CCEP Fiji.
In this Lease unless the context otherwise requires. words importing the singular number include the plural and vice versa, words importing the masculine gender include the feminine and neuter genders and vice versa, "person" includes "company" and vice versa. words importing persons include companies and vice versa, and "Equipment" includes any ancillary equipment supplied therewith and any part thereof and any replacement thereof or of any part thereof. Where more than one person is the Customer, all obligations of the Customer shall be deemed to have been undertaken jointly and severally by each of such persons and reference to "the Customer" shall include all or any one or more of such persons.