Terms & Conditions — Cantab Mobile Canning

Cantab Mobile Canning – Terms and Conditions

Cantab Mobile Canning (“Cantab”, “we” or “us”) agrees to supply goods (“the Goods”) and services (“the Services”) to you in return for payment of the price for those Goods and Services on the Terms and Conditions below. Acceptance of delivery or receipt of any Goods or Services will (notwithstanding any statement to the contrary by you or your employees or agents) constitute acceptance of these Terms and Conditions. Where more than one Customer has entered into this agreement, the liability of the Customers under shall be joint and several.

1 Price and Payment

1.1 All prices exclude GST, any other applicable taxes and duties and insurance/freight/delivery/handling charges not expressly included in the price. You agree to pay these items (as applicable) in addition to the price, whether they are imposed before or after your order.

1.2 All invoices are due 20th of the month following invoice date. Any overdue or unpaid balances will be subject to a late payment fee of $30 after the due date has passed. In addition, unpaid balances over $1000 will be subject to 3% interest per month, charged daily until the balance is paid.

1.3 You must not withhold payment or make any deductions of any nature whether by way of set off (legal, equitable or otherwise), counterclaim or otherwise from any amount you owe us. Any default in payment shall make all money payable by you to us immediately due and we may withhold delivery of Goods and/or provision of Services until you provide payment of all money payable by you to us.

2 Delivery and Risk

2.1 Risk in any Goods sold to you will pass to you on Delivery being the time the Goods are dispatched from our premises to you, whether the Goods are delivered to your address by us or uplifted from us by you, or by a carrier arranged by you or us.

2.2 If any of the Goods are damaged or destroyed prior to property in them passing to you, we are entitled, without prejudice to any of our other rights or remedies under these terms and conditions (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable in respect of the Goods whether or not the price has become payable under these terms and conditions. The production of these terms and conditions by us is sufficient evidence of our rights to receive the insurance proceeds without the need for any person dealing with us to make further enquiries.

2.3 Any date or time stated for dispatch is an estimate only and not a condition of sale.

3 Security Interest

3.1 Ownership of all Goods we supply to you will not pass upon Delivery, but will remain with us until we have received total payment in clear funds of all moneys owing by you to us (whether relating to those Goods, to the supply of Services, or to any other personal property supplied). We hold a Security Interest in all Goods supplied to you for payment of those moneys.

3.2 Until all moneys due to us are paid, you agree to act as our fiduciary and to:

(a) Not sell, charge or part with possession of the Goods, otherwise than for their full value in the ordinary course of business;

(b) Not alter, obliterate, or deface the Goods and not alter, obliterate, deface, cover up, or remove any identity mark indicating that the Goods are ours;

(c) Store the Goods in such a manner that they are clearly identifiable as our property and keep separate records of the Goods;

(d) Hold the proceeds of the resale of the Goods in trust for us, in a separate and identifiable manner.

3.3 At our request you will promptly deliver, execute or do (or cause to be executed, delivered or done) any documents, contracts, agreements, deeds or other action that we may require from time to time to give effect to these Terms and Conditions, including without limitation doing all such things as we may require to ensure that the Security Interest created under these Terms and Conditions constitutes a perfected Security Interest over the Goods. This includes, but is not limited to, providing any information we request to complete a financing statement or a financing change statement for the Personal Property Securities Register.

3.4 Where you are in default, you agree to Cantab entering your premises or any other place where the Goods are located, or where Cantab reasonably believes that the Goods are located, and taking possession of and selling the Goods even if Cantab does not have priority over other persons having a Security Interest in the Goods. Sections 108, 109 and 120(1) of the Personal Property Securities Act 1999 (PPSA) do not apply to the extent that they are inconsistent with this clause.

3.5 You waive any right to receive a verification statement under the PPSA.

3.6 Nothing in sections 114(1)(a), 117(1), 133 and 134 of the PPSA shall apply to these Terms and Conditions. Your rights as a debtor in sections 116, 119, 120(2), 121, 125-127, 129, 131 and 132 of the PPSA shall not apply to these Terms and Conditions.

3.7 We are entitled at any stage during the continuance of this Agreement to request such security or additional security as we in our sole discretion think fit and shall be entitled to withhold supply of goods or credit arrangements until such security or additional security shall be obtained.

3.8 We may issue proceedings to recover payment for the Goods notwithstanding that ownership of the Goods may not have passed to you.

4 Exclusion of Warranties

4.1 If you are acquiring the Goods or Services for business purposes, the guarantees under the Consumer Guarantees Act 1993 do not apply.

4.2Unless you have rights under the Consumer Guarantees Act 1993 or other legislation, which cannot be excluded or limited, there are no warranties express or implied. This disclaimer includes implied warranties as to merchantability and fitness for a particular purpose

5 Limitation of Liability

5.1 We are not liable to you for any loss or damage arising from delay or failure to perform our obligations due to any matter beyond our reasonable control.

5.2 To the maximum extent permitted by law, we and our employees and agents shall not be liable to you for any claim for breach of Contract (except as provided in clause 5.3 below) or Statute or breach of duty in Tort (including negligence) or for any claim in Equity or otherwise at law.

5.3 Your sole remedy against us shall be limited to breach of contract and the extent of any such liability shall be limited to an amount equal to the price charged for the particular Goods or Services to which the breach relates. We will not, in any case, be liable for any other losses or damages whether general, exemplary, punitive, direct, indirect or consequential, including loss of business profits.

5.4 No action may be brought against us unless notice of such claim is given to us within one week of delivery of the Goods or provision of the Services. We shall be released from all or any liability unless proceedings are brought in a Court of competent jurisdiction within one year of the date of delivery of the Goods or provision of the Services

6 Default

6.1 If you do not pay any monies owed to us (“the unpaid monies”) within 5 working days of the due date, we may charge penalty interest at a rate of 2.5% per calendar month calculated daily on the unpaid monies from the due date until payment in full is made (including after as well as before any Court judgment).

6.2 You agree to indemnify us for and pay, on demand, all costs incurred by us (including legal costs on a solicitor-client basis and debt collection costs) in the recovery or attempted recovery of unpaid moneys and/or the enforcement of these Terms and Conditions or the Security Interest contained in these Terms and Conditions.

7 Use of Information

7.1 You acknowledge that we may collect information about you to assess any application for credit, to check your present and continued credit worthiness, and if necessary, to collect outstanding debt from you and for direct marketing activities (‘the purposes set out above’). You consent to us disclosing such information, as well as any default in payment by you, to any credit or debt collection agency, and to any person/agency we appoint to collect any outstanding debt from you, if necessary, for the purposes set out above.

7.2 If information is provided to a credit or debt collection agency, they will hold that information on their systems and use it to provide their credit reporting service, including updating its credit reporting database and providing that information to other customers they have and you consent to that use and disclosure. We may request, and any person or organization (including any credit or debt collection agencies) may provide, information about you to us, both now and in the future, for the purposes set out above and you consent to us seeking that information in the course of our business and disclosure of that information to us.

7.3 If you are an individual, you have the right under the Privacy Act 1993 to see and correct any personal information held by us or any agency about you pursuant to this Application.

7.4 You must notify us of any change in circumstances that may affect the accuracy of the information you provided to us. Your failure to provide the personal information sought in the Application, may result in the Application being declined.

7.5 You agree to Cantab using your logo on it’s website and tagging on social media.

8 General Provisions

8.1 These terms apply to all transactions where we supply Goods or Services to you. If there is any inconsistency between these terms and any order submitted by you or any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.

8.2 If any provision of these terms and conditions is held by any court to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining provisions.

8.3 This contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the New Zealand Courts.

8.4 We may review and change these terms and conditions at any time and from time to time. Any such change will take effect from the date on which we notify you of the change.

9 Packaging

9.1 Where applicable the Customer is responsible for supplying clean cans, fully wrapped and protected from external contaminants. Cantab will supply on request pallets of cans. These are supplied and invoiced as FULL PALLETS only.

9.2 Printing or shrink sleeving of the can body prior to filling, or labelling post filling is the responsibility of the Customer. Cantab are able to assist with contacts for this service.

9.3 The Customer is responsible for “packing-off” of cans as they come out of the canning line, unless otherwise agreed with Cantab prior to canning.

9.4 Sufficient packing material, and at least one staff member to manage packing of dry goods, are the responsibility of the Customer during the canning operation, unless otherwise agreed with Cantab prior to canning.

9.5 Cantab is responsible for supplying “Super Ends” (can ends or lids), unless otherwise agreed with Cantab prior to canning.

9.6 Visy classic and slim line cans can be used on the canning line.
Note: The can body must be compatible with the 202 “Super Ends” supplied by Visy, however manufacturers advise their guarantees only apply to cans and can ends/lids used from the same manufacturer.

10 Source Product Specifications

10.1 To achieve ideal fill height, minimise wastage and for product to be packed in optimum condition, source products must adhere to the following specifications:

(a) Maximum of 2.6 vol carbonation. Ideally no more than 2.5

(b) Source tank temperature of 0 degrees

10.2 Cantab does not filter the product as it goes into the can. Filtering prior to canning is the responsibility of the Customer.

10.3 Pasteurization post canning is the responsibility of the Customer.

10.4 Products such as “Natural Source Beers” and some Kombucha’s cannot be canned. Testing would have to be done prior to canning the source product to ensure Brettanomyces yeasts are not in the source product.

11 Food Safety and Control Plans

11.1 The Customer is responsible for providing premises that are suitable for the canning operation and will not present a food safety risk i.e. premises are clean, no evidence of pests and handwashing facilities are available.

11.2 The Customer is responsible at all times for the food safety of the product. Cantab holds an MPI NP3 food safety and is audited for food safety.

11.3 The Customer is responsible for providing a suitable source of water for cleaning pre and post canning operations.

11.4 The Customer will advise Cantab of all minimum operating requirements for canning services to meet your regulatory quality standards, registrations, licensing and/or assurances prior to operation.

11.5 Cantab is responsible for the seaming of the cans to manufacturer specifications.

11.6 Cantab will take a small product sample off the source tank, and retain two full, seamed cans per filling head from each product run for quality control purposes.

12 Health & Safety Regulations

12.1 A current Health and Safety policy for the location of canning must be provided by the Customer prior to commencing the canning service.

12.2 A site specific Health and Safety induction must be carried out for all Cantab operators upon arrival to site. The canning service will only commence after a full Health and Safety induction has been completed and signed off by both parties.

13 Site Details and Minimum Requirements

13.1 Water Supply

The following requirements are the responsibility of the Customer:

(a) Sufficient supply of suitable water available on site for canning operations, including pre and post canning to clean the canning line;

(b) The Customer is to provide evidence that self-supplied water meets the Food Control Plans and National Programmes’ requirements;

(d) Minimum 60 PSI;

(e) Cold and hot water connections available to connect to canning plant for exclusive use during the day and for the full duration of the canning process;

(f) Water connection to the canning line is a standard 12mm male ‘garden hose’ fitting.

13.2 CO2 Gas and Connections

The following requirements are the responsibility of the Customer:

(a) Two CO2 sources are required, one to the canning line and one to the brite tank;

(b) Supply of at least 2 x full 33kg CO2 cylinders is available for use for the duration of the canning process, or access to CO2 hardlines, if available;

(c) Correct gas line, regulators and fittings for connection and safety devices to be provided by customer to connect to canning plant (100PSI) and watchdog (approx. 20PSI);

(d) CO2 connection is a 8mm push fit fitting.

13.3 Source Product Specifications and Connections

The following requirements are the responsibility of the Customer:

(a) Resources required to maintain product in specification provided by the Customer;

(b) Correct water, gas and product fittings for connection of hoses from source tank into canning line to be provided by the Customer;

(d) See relevant product specifications above for minimum source product temperature and pressure requirements.

13.4 Drains

The following requirements are the responsibility of the Customer:

(a) Floor drains are present on site and located near where the canning line will operate, as well as any other equipment present that will require adequate drainage;

(b) All local codes have been followed.

13.5 Forklift and Lifting Equipment

The following requirements are the responsibility of the Customer:

(a) Forklift and lifting equipment are to be operated by the Customer;

(b) If Cantab operators are required to use the forklift and/or lifting equipment, the Customer must provide documentary assurance that equipment is being regularly maintained and certified as required by New Zealand’s Health and Safety regulatory standards.

13.6 Electrical Power Supply and Connections

The following requirements are the responsibility of the Customer:

(a) It is recommended that a fused wall mounted disconnect be provided for each piece of equipment. In most cases a user supplied plug, receptacle, and circuit breaker can be used if it meets local and national electrical codes;

(b) Canning line, compressor, labeller and watchdog work on single phase (15A, 15A and 10A respectively). 3 phase is required for the canning line compressor;

(c) Equipment performance and reliability will be adversely affected by power supply voltage that is more than +/- 10% outside the rated voltage or frequency. Power line glitches and excessive fluctuations (surges or brown outs) in the mains power supply will also reduce the reliability of the equipment and/or possibly damage sensitive components. Mains voltage and supply frequency must be stable to within +/- 3% during canning to maintain good quality and reliable operations;

(d) Cantab is not responsible for product quality if during the day power supply voltage or supply frequency varies by more than +/- 3%;

(e) A proper earth ground and neutral must be provided as specified. The measured differential voltage between earth ground and neutral must be 0 VAC.

13.7 Ambient Temperature

The following requirements are the responsibility of the Customer:

(a) Reliability of equipment operating in temperatures above 37°C or below 2°C will be severely affected and cause operational difficulties;

(b) Adequate ventilation needs to be available to ensure that operating temperature remains within operational guidelines.

13.8 Site Access

The following requirements are the responsibility of the Customer:

(a) Site map and layout diagrams showing evacuation exits, location of site plant and equipment, and electrical, water and CO2 gas supplies must be provided in advance of commencing the canning service;

(b) Access to site for parking the trailer, and canning line set up must be agreed ahead of commencing the canning service;

(c) Adequate space on site is required as close to the product source tank as possible to set up canning line (within 3-5m from source tank) with adequate space to set up the operation (25m2);

(d) Capacity to lock up site securely if the cabbing line is running over several days.