1. ACCEPTANCE & CONTRACT FORMATION
(Applicable to Commercial & Home Users)
1.1 Acceptance of the purchase order by the Buyer (whether commercial or home user) and/or signing of any agreement, quotation, invoice, or undertaking shall constitute full, unconditional, and irrevocable assent to these Terms & Conditions.
1.2 These Terms & Conditions apply equally to commercial users (cafés, restaurants, hotels, offices, events, mobile units, and businesses) and home users (domestic or personal use) unless otherwise expressly stated in writing by FILLUP.
1.3 These Terms represent the entire agreement between the parties and supersede all prior discussions, proposals, verbal agreements, representations, or correspondence, whether written or oral.
1.4 No modification, amendment, waiver, or exception to these Terms shall be valid or enforceable, even if signed by a representative of the Seller, unless expressly approved in writing by authorized FILLUP management.
1.5 The Buyer fully obligates to submit all required documents together with the down payment, as applicable based on buyer type, including but not limited to:
For Commercial Buyers:
- Commercial Registration (CR)
- IDs of all partners/shareholders
- VAT certificate
- Signed undertaking and payment authorization forms
For Home / Individual Buyers:
- Valid personal identification (ID / passport)
- Proof of address (if requested)
- Signed undertaking and payment authorization forms
1.6 Failure to submit complete, valid, or accurate documents may result in order delay, suspension, or cancellation without any liability, compensation, or obligation on the part of the Seller.
1.7 By proceeding with payment, delivery, installation, or usage, both commercial and home users acknowledge that they have read, understood, and agreed to comply with all Terms & Conditions in full.
2. PRODUCT CLASSIFICATION, INTENDED USE & GENERAL OPERATION
(General Detailed Guidelines for All Machines Supplied by FILLUP)
(Applicable to All Commercial & Home Users)
This section applies to all machines supplied by FILLUP, including but not limited to espresso machines, coffee grinders, ice machines, hot chocolate machines, mocktail machines, blenders, brewing equipment, and any auxiliary bar or beverage equipment.
2.1 Machine Classification & User Responsibility
2.1.1 All machines supplied by FILLUP are designed and manufactured for commercial, semi-commercial, or professional use, unless a specific model is clearly stated in writing as suitable for home use only.
2.1.2 Regardless of the place of installation (commercial premises or private residence), machines retain their original professional classification, operating requirements, and maintenance obligations.
2.1.3 The Buyer is solely responsible for selecting machines appropriate for their intended usage volume, operating hours, and environment. FILLUP shall not be liable for damages resulting from under-specification or overuse.
2.2 Intended Use of Machines (General)
2.2.1 Each machine must be used strictly and exclusively for the function it was designed for, as specified in the manufacturer’s documentation and FILLUP guidelines.
2.2.2 Machines must not be:
- Used for experimental purposes
- Operated beyond recommended duty cycles
- Operated with non-approved ingredients, liquids, or materials
- Modified or repurposed for alternative applications
2.2.3 Any use outside the intended purpose constitutes misuse and will automatically void warranty, service obligations, and Seller liability.
2.3 Mechanical Components – General Use Rules
2.3.1 All mechanical parts (motors, pumps, gears, valves, seals, bearings, blades, burrs, and moving assemblies) must be operated within the manufacturer-defined limits.
2.3.2 Machines must never be operated:
- While components are damaged, loose, or missing
- Without required consumables (water, coffee, ingredients)
- With foreign objects inside moving parts
2.3.3 Unusual noise, vibration, leaks, smell, or performance drop must be reported immediately and the machine must be stopped until inspected.
2.4 Electrical System – General Rules
2.4.1 Machines must be connected only to:
- The correct voltage, phase, and frequency
- Proper grounding and circuit protection
- Dedicated electrical circuits where required
2.4.2 The use of:
- Extension cords
- Multi-plugs
- Unstable power sources
- Unapproved adapters
is strictly prohibited.
2.4.3 Electrical damage caused by power fluctuation, poor grounding, incorrect wiring, or unauthorized electrical work is not covered under warranty.
2.5 Water System & Fluid Handling (All Water-Based Machines)
2.5.1 Only potable drinking water may be used in machines requiring water input.
2.5.2 Approved water filtration is mandatory where specified.
2.5.3 Water quality must meet manufacturer requirements, including TDS limits where applicable.
2.5.4 Operating any machine with:
- No water supply
- Blocked water lines
- Contaminated or mineral-heavy water
is strictly prohibited and may cause irreversible damage.
2.6 Ingredients, Consumables & Materials
2.6.1 Only food-grade, approved ingredients may be used.
2.6.2 The use of:
- Frozen, solid, or unapproved materials
- Excessively viscous mixtures
- Abrasive or corrosive substances
is prohibited unless explicitly approved by the manufacturer.
2.6.3 Damage caused by unsuitable ingredients or consumables is considered misuse.
2.7 Cleaning, Hygiene & Preventive Maintenance (All Machines)
2.7.1 Daily, weekly, and periodic cleaning is mandatory for all machines.
2.7.2 Only cleaning agents approved by FILLUP or the original manufacturer may be used.
2.7.3 The following are strictly prohibited:
- Industrial chemicals
- Household detergents
- Strong acids or solvents
2.7.4 Failure to maintain hygiene and cleanliness may result in contamination, corrosion, mechanical failure, and warranty voidance.
2.8 Operating Environment & Installation Conditions
2.8.1 Machines must be installed and operated in environments that provide:
- Adequate ventilation
- Stable ambient temperature
- Level and load-bearing surfaces
- Protection from moisture, steam, grease, and dust
2.8.2 Machines must not be operated in:
- Outdoor or semi-outdoor locations
- Vehicles or mobile carts without proper technical preparation
- Environments exposed to vibration, weather, or water splashes
2.9 Operator Qualification & Human Factor
2.9.1 Only trained and authorized personnel may operate machines.
2.9.2 The Buyer is responsible for ensuring operators understand:
- Startup and shutdown procedures
- Daily cleaning routines
- Safety precautions
- Emergency shutdown actions
2.9.3 Operator error, negligence, or improper workflow is not covered under warranty.
2.10 Safety, Protection & Emergency Use
2.10.1 Safety devices, sensors, covers, and guards must never be removed, bypassed, or disabled.
2.10.2 In case of:
- Electrical fault
- Water leakage
- Overheating
- Abnormal noise or smell
the machine must be switched off immediately and isolated from power and water sources.
2.11 Misuse, Liability & Warranty Voidance (General)
2.11.1 Any of the following will automatically result in:
- Total warranty voidance
- Cancellation of service and support
- Full release of FILLUP from liability
Including but not limited to:
- Misuse or abuse
- Unauthorized modification or repair
- Improper installation
- Use of non-approved parts, ingredients, or chemicals
2.11.2 The Buyer expressly acknowledges full responsibility for the operation, care, and consequences of machine use.
3. PRODUCT SPECIFICATIONS & VARIATIONS
(Expanded Technical, Manufacturing & Operational Details)
3.1 All product specifications, including but not limited to capacity, performance, dimensions, weight, colors, materials, finishes, and internal or external components, are subject to standard manufacturing tolerances commonly accepted in mechanical, electrical, and food-service equipment industries. Any minor variation within these tolerances shall be considered normal and shall not be deemed a manufacturing defect.
3.2 Actual operating capacity or performance of the Product may vary depending on factors including, but not limited to:
- Type and intensity of use (heavy commercial use versus limited use)
- Operating environment (ambient temperature, humidity, ventilation)
- Water quality or raw material quality
- Compliance with proper operating, cleaning, and maintenance procedures
The Seller shall not be held liable for performance variations resulting from these factors.
3.3 The Seller, under the FILLUP brand and/or through the original manufacturer, reserves the right to improve, modify, upgrade, or update Products at any time without prior notice, provided that such changes do not negatively affect the core performance or primary function of the Product.
3.4 Such modifications may include, without limitation:
- Changes in suppliers of certain internal components
- Updates to control panels, firmware, or internal software
- Minor alterations to external design or finishing
- Improvements in energy or water efficiency
- Replacement of materials with equivalent or higher-quality alternatives
These changes shall not entitle the Buyer to replacement, exchange, objection, or compensation, provided the Product continues to meet its essential functional specifications.
3.5 All images, photographs, brochures, catalogs, renders, videos, technical illustrations, and marketing materials are provided for reference and illustrative purposes only. The delivered Product may differ slightly in aspects such as:
- Color or shade
- Shape or layout of buttons, screens, or indicators
- Placement of labels, logos, or markings
- External handles, knobs, or cosmetic details
3.6 Such visual or cosmetic differences shall not constitute grounds for rejection, return, refund, or compensation, provided the delivered Product conforms to the agreed technical specifications and intended functional use.
3.7 The Buyer acknowledges that all stated dimensions, weights, and capacities are approximate values and may be subject to minor variations that do not affect safety, functionality, or operational suitability.
3.8 Where a customized or special configuration is requested by the Buyer:
- Final specifications may differ from standard models
- Any variations resulting from customization are deemed pre-approved
- The customized Product shall not be compared against standard images or specifications
3.9 FILLUP shall not be liable for any reliance placed by the Buyer on general marketing materials without reference to the officially issued Technical Datasheet, quotation, or written specification approved at the time of sale.
3.10 Acceptance of the quotation, invoice, delivery, or physical receipt of the Product by the Buyer shall constitute explicit acknowledgment that the Buyer has reviewed and accepted the Product specifications, understands the possibility of minor manufacturing variations, and agrees to accept such variations without reservation.
4. QUOTATION VALIDITY
(Expanded Commercial, Financial & Legal Conditions – Full Advance Payment Only)
4.1 All quotations issued by FILLUP are valid only for the specific validity period stated on the quotation document. Once this period expires, the quotation shall automatically lapse without any obligation on the Seller to honor the stated prices, specifications, or delivery timelines.
4.2 All orders require 100% full advance payment. No down payments, partial payments, installments, deferred payments, credit terms, or alternative payment methods shall be accepted under any circumstances unless expressly approved in writing by authorized FILLUP management.
4.3 Confirmation of any quotation must be completed within fifteen (15) calendar days from the quotation date by full settlement of the total quoted amount. Failure to complete full payment within this period shall render the quotation null and void.
4.4 Any acceptance, confirmation, or payment received after the quotation validity period may be subject to:
- Revised pricing
- Updated specifications or configurations
- New delivery timelines
- Availability constraints
Such revisions shall be solely at the discretion of the Seller.
4.5 Prices stated in the quotation are based on prevailing market conditions at the time of issuance and may change due to factors beyond the Seller’s control, including but not limited to:
- Currency exchange rate fluctuations
- Manufacturer or supplier price revisions
- Changes in customs duties, taxes, or regulatory fees
- Variations in shipping, freight, insurance, or logistics costs
4.6 The Seller reserves the right to cancel, revise, or reissue any quotation prior to full payment without liability or obligation to justify adjustments.
4.7 All quotations are issued based on current stock availability or estimated manufacturing timelines. Availability may change without notice due to demand, production schedules, supplier capacity, or supply-chain disruptions.
4.8 Any quotation issued is subject to final technical and commercial approval by authorized FILLUP management prior to order processing, even if preliminary acceptance or communication has occurred.
4.9 Verbal quotations, discussions, emails, messages, or informal communications shall be considered non-binding and for indicative purposes only, unless formally confirmed in writing on an official FILLUP quotation, invoice, or contract document.
4.10 The Seller shall not be liable for any loss, planning decisions, project delays, or financial commitments made by the Buyer based on expired quotations, indicative pricing, or verbal assurances.
4.11 Full payment of the quotation amount shall constitute the Buyer’s unconditional acceptance of:
- The quoted prices and specifications
- The quotation validity terms
- The delivery timelines (estimated)
- All applicable Terms & Conditions of Sale
4.12 In the event of discrepancies between multiple quotation versions, the latest officially issued quotation by FILLUP shall prevail.
4.13 Any special pricing, discounts, promotional offers, or bundled packages stated in the quotation are strictly valid only within the quotation validity period and only upon receipt of 100% advance payment, and are not transferable, extendable, or refundable.
5. PRICES, PAYMENTS & OWNERSHIP
(Comprehensive Financial, Payment & Title Conditions – Full Advance Payment Policy)
5.1 All orders placed with FILLUP require 100% full advance payment. No down payments, partial payments, installment plans, credit facilities, post-dated cheques, deferred payments, or alternative payment methods are accepted under any circumstances, unless explicitly approved in writing by authorized FILLUP management.
5.2 Prices quoted by FILLUP are based on:
- The product configuration and specifications stated in the quotation
- Current market conditions at the time of quotation issuance
- Applicable taxes, duties, and regulatory costs (where stated)
Any additional services, accessories, installation, delivery, customization, or special handling not expressly included in the quotation shall be charged separately.
5.3 Orders shall be processed, reserved, manufactured, or scheduled for delivery only after full payment has been received and cleared in the Seller’s account. No verbal confirmation, email confirmation, or payment promise shall constitute order confirmation.
5.4 All payments must be made in cleared funds using payment methods approved by FILLUP. Any bank charges, transfer fees, currency conversion costs, or intermediary charges shall be borne entirely by the Buyer and shall not be deducted from the invoiced amount.
5.5 In the event that payment is received but subsequently reversed, disputed, declined, or delayed by the Buyer’s bank or payment provider, the Seller reserves the right to:
- Suspend order processing
- Delay delivery or installation
- Cancel the order entirely
without any liability or obligation to compensate the Buyer.
5.6 Prices confirmed and paid in full are valid only for the specific Product, configuration, and quantity stated in the official quotation or invoice. Any changes requested by the Buyer after payment (including specification changes, quantity changes, or delivery modifications) may result in:
- Price adjustments
- Revised delivery timelines
- Additional charges
5.7 Ownership and legal title of all Products shall remain solely with the Seller (FILLUP) until full payment has been received, cleared, and confirmed in the Seller’s bank account. This applies regardless of whether the Product has been delivered, installed, or is in use by the Buyer.
5.8 Until ownership is legally transferred:
- The Product shall not be sold, transferred, pledged, leased, subleased, or assigned to any third party
- The Buyer shall not claim ownership, resale rights, or asset registration over the Product
- Any attempt to dispose of the Product prior to ownership transfer shall be deemed a material breach of contract
5.9 Risk of loss or damage to the Product may pass to the Buyer upon delivery or installation (as defined elsewhere in these Terms), however legal ownership shall remain with the Seller until full payment clearance is confirmed.
5.10 The Seller reserves the right to reclaim, repossess, or disable the Product, where legally permitted, in the event of:
- Non-payment
- Payment reversal
- Breach of payment terms
All costs associated with such actions shall be borne by the Buyer.
5.11 The Buyer acknowledges that all prices, payment terms, and ownership conditions form an essential basis of the sale and that acceptance of delivery, installation, or use of the Product constitutes full agreement with this section.
5.12 Any exception to this payment and ownership policy shall be valid only if issued in writing, signed, and stamped by authorized FILLUP management. Verbal assurances or informal communications shall have no legal effect.
6. CANCELLATION & RETURNS
(Expanded Legal, Commercial & Operational Conditions)
6.1 Once any modification, customization, configuration, programming, branding, special ordering, or factory preparation of a machine has commenced, no return, refund, or cancellation shall be permitted under any circumstances. This includes, but is not limited to, electrical configuration, software setup, cosmetic customization, technical calibration, or special component sourcing.
6.2 All machines are strictly non-returnable and non-refundable once delivered, installed, commissioned, or used, whether partially or fully, regardless of operating hours. Acceptance of delivery, installation, or first use shall be deemed final acceptance of the Product in its delivered condition.
6.3 Packaging removal, powering on the machine, connection to water or electricity, test operation, or staff training shall each be considered “use” and shall immediately void any right to return or refund.
6.4 In cases where a temporary or replacement machine is provided by the Seller for interim use (due to manufacturing lead time, customization, or repair), and the Buyer subsequently cancels or refuses to proceed with the original order, a usage fee of 150 OMR per day shall be charged for each calendar day the temporary machine remains in the Buyer’s possession, regardless of actual usage intensity.
6.5 The Buyer shall remain fully responsible for the condition, safety, and proper operation of any temporary or replacement machine during the usage period. Any damage, missing parts, abnormal wear, or misuse shall be charged separately in addition to the daily usage fee.
6.6 If the Buyer refuses to complete the purchase after full payment has been made, the Seller shall have no obligation to immediately refund any amount. Any refund, if considered, shall be processed only after the machine has been successfully resold to another customer, and only after deduction of all applicable costs, including but not limited to:
- Depreciation and resale discount
- Customization or configuration costs
- Storage, handling, and logistics costs
- Usage fees (if applicable)
- Administrative and financial charges
6.7 If the machine is custom-built, specially imported, or configured to the Buyer’s specifications, the Seller reserves the right to decline any refund entirely, even after resale attempts, if resale is not commercially feasible.
6.8 Cancellation requests must be submitted in writing and shall not be considered valid until formally acknowledged in writing by authorized FILLUP management. Verbal requests or informal communications shall have no legal effect.
6.9 Any delay or refusal by the Buyer to accept delivery, installation, or handover after full payment shall be treated as a Buyer-initiated cancellation, and the Seller reserves the right to apply storage fees, usage fees, or cancellation charges as applicable.
6.10 The Seller shall not be liable for any indirect losses, business interruption, loss of profit, or project delays claimed by the Buyer arising from cancellation, non-returnability, or refund limitations stated herein.
6.11 The Buyer expressly acknowledges and agrees that these cancellation and return terms are reasonable, necessary, and proportionate due to the technical, customized, and commercial nature of the Products supplied by FILLUP.
6.12 Acceptance of payment terms, delivery, installation, or use of the Product shall constitute the Buyer’s full and irrevocable acceptance of this Cancellation & Returns policy, with no right of dispute or claim thereafter.
7. DELIVERY, HANDLING & TEMPORARY MACHINES
(Expanded Logistical, Operational & Liability Conditions)
7.1 Manufacturing lead times for machines that are not available in stock typically range from thirty-five (35) to one hundred twenty (120) days, depending on the manufacturer, model, level of customization, component availability, and global supply-chain conditions. All stated lead times are estimated only and shall not be considered guaranteed delivery dates.
7.2 The Seller shall not be held liable for delays caused by factors beyond its reasonable control, including but not limited to:
- Manufacturer production schedules or delays
- Shortage of components or raw materials
- International shipping or freight delays
- Customs clearance procedures
- Regulatory approvals or inspections
- Force majeure events
Such delays shall not entitle the Buyer to cancel the order, request refunds, claim compensation, or demand price reductions.
7.3 In the event of extended manufacturing or delivery delays, the Seller may, at its sole discretion and subject to availability, install a temporary espresso machine (FILLUP MAGNUM01 or FILLUP MAGNUM02) for interim use until the Buyer’s purchased espresso machine is ready.
This provision applies exclusively to espresso machines and does not apply to grinders, ice machines, blenders, or any other equipment categories.
7.4 The provision of any temporary or replacement machine is a courtesy arrangement only and does not constitute a rental agreement, lease, ownership transfer, or contractual obligation on the Seller’s part.
7.5 All temporary or replacement machines are provided subject to availability and require the Buyer to sign a written acknowledgment confirming:
- Receipt of the machine in perfect working and cosmetic condition
- Acceptance of full responsibility for correct use, daily care, and safekeeping
- Commitment to return the machine immediately upon request or once the Buyer’s original machine is available
7.6 The Buyer shall be fully responsible for:
- Providing a suitable installation environment
- Daily cleaning and routine maintenance
- Operation by trained and authorized personnel only
- Protection of the temporary or replacement machine against damage, theft, or misuse
7.7 Temporary or replacement machines must be operated strictly in accordance with FILLUP operating guidelines. Any misuse, overuse, improper water quality, incorrect electrical connection, or operation outside recommended parameters shall be deemed a breach of these Terms & Conditions.
7.8 Upon return of any temporary or replacement machine, the Seller shall conduct a full technical, mechanical, and cosmetic inspection. The Buyer shall be fully liable for:
- Physical damage or cosmetic defects
- Abnormal wear beyond normal operational use
- Missing components, accessories, or documentation
- Internal damage caused by misuse, poor maintenance, incorrect water filtration, or improper electrical supply
7.9 Any repair, refurbishment, replacement parts, recalibration, cleaning, or technical intervention required due to damage, misuse, or missing items shall be charged to the Buyer at prevailing service and parts rates, in addition to any applicable usage fees.
7.10 The Buyer shall return any temporary or replacement machine:
- Immediately upon installation of the Buyer’s original machine, or
- Immediately upon written request from the Seller
Any delay in return may result in additional daily usage charges as stipulated in the applicable Terms & Conditions.
7.11 Risk of loss, theft, or damage to any temporary or replacement machine shall remain entirely with the Buyer from the moment of delivery until the machine is physically returned to and formally accepted by the Seller.
7.12 All delivery dates, installation schedules, and handover timelines are provided on a best-effort basis only. The Seller shall not be responsible for business interruption, operational downtime, or loss of revenue resulting from delivery or installation timing.
7.13 Acceptance of delivery, installation, or interim use of any FILLUP MAGNUM01 or FILLUP MAGNUM02 temporary or replacement machine constitutes the Buyer’s full acknowledgment and acceptance of all responsibilities, liabilities, and conditions outlined in this section.
8. STORAGE
(Expanded Storage Conditions, Responsibilities & Risk Allocation)
8.1 Products, equipment, accessories, and spare parts purchased from FILLUP may be stored in the Seller’s warehouse for a period of up to thirty (30) calendar days, starting from the date the Product is ready for delivery or from the date the Buyer is notified, whichever occurs first, free of charge.
8.2 The free storage period is provided solely as an administrative grace period and does not obligate the Seller to retain the Product beyond this period without compensation.
8.3 If the Buyer fails to collect the Product within the thirty (30) day free storage period, a storage fee of 20 OMR per calendar day shall apply for each day thereafter until the Product is physically collected or otherwise disposed of in accordance with these Terms.
8.4 The Seller reserves the right to withhold delivery, installation, or any related services until all accrued storage fees have been fully settled by the Buyer.
8.5 The Buyer shall bear full responsibility for any delay in collection caused by:
- Site unavailability or lack of readiness
- Delays in coordination or scheduling
- Administrative or internal delays
- Any reason attributable to the Buyer
8.6 Upon expiry of the free storage period, all risk of loss, damage, deterioration, obsolescence, or degradation of the Product shall transfer fully to the Buyer. The Seller shall not be liable for:
- Cosmetic deterioration
- Component aging due to prolonged storage
- Functional impact caused by extended non-use
- Environmental effects related to long-term storage
8.7 The Seller shall not be responsible for any direct or indirect losses, business interruption, project delays, or loss of revenue arising from the Buyer’s failure or delay in collecting the Product.
8.8 In the event of prolonged non-collection, the Seller reserves the right, after providing written notice to the Buyer and where permitted by law, to take any of the following actions without incurring liability:
- Relocate the Product to an alternative storage facility
- Impose additional storage or handling charges
- Suspend any delivery or installation obligations
- Dispose of or resell the Product to recover outstanding storage or related costs
8.9 The Seller’s agreement to store the Product beyond the free period shall not be construed as a waiver of any rights, nor as an assumption of additional risk on behalf of the Buyer.
8.10 The Buyer expressly acknowledges that these storage terms are fair, reasonable, and proportionate given the nature, size, and value of the Products supplied by FILLUP, and agrees to comply fully with all associated charges and responsibilities.
8.11 Failure by the Buyer to object in writing to storage charges, or continued storage beyond the free period, shall constitute implicit acceptance of these Storage Terms without reservation.
9. SITE READINESS & INSTALLATION
(Expanded Technical, Safety & Responsibility Conditions)
9.1 The Buyer is solely and fully responsible for ensuring complete site readiness prior to delivery and installation of any Product supplied by FILLUP. Site readiness includes, but is not limited to, the following mandatory requirements:
9.1.1 Electrical Readiness
- Correct electrical voltage, phase, frequency, and amperage strictly as per the Product technical specifications
- Proper earthing/grounding in compliance with local electrical regulations
- Dedicated circuit breakers, isolators, and protection devices suitable for the machine load
- Stable and uninterrupted power supply, free from voltage fluctuation or power surges
Any electrical damage resulting from incorrect supply, poor grounding, unstable power, or non-compliant wiring shall be borne entirely by the Buyer and is not covered under warranty.
9.1.2 Water Supply Readiness
- Continuous and stable potable water supply suitable for food and beverage equipment
- Correct water pressure within the manufacturer’s specified operating range
- Proper shut-off valves accessible to the machine
9.1.3 Water Filtration (Critical Requirement)
- Installation of an approved water filtration system compatible with the Product
- Maintenance of water quality within required limits, including TDS and hardness levels
- Regular replacement and servicing of filters as per manufacturer guidelines
Failure to comply with filtration requirements shall result in scale buildup, internal damage, and automatic warranty voidance.
9.1.4 Drainage & Waste Management
- Proper drainage points for wastewater where required
- Drainage systems capable of handling discharge volume safely and hygienically
- Prevention of backflow, blockage, or overflow
9.1.5 Ventilation & Environmental Conditions
- Adequate ventilation to dissipate heat generated during operation
- Ambient temperature and humidity within acceptable operating ranges
- Sufficient clearance around the machine for airflow, servicing, and safety
- Installation on a stable, level, and load-bearing surface
9.2 Installation Services
9.2 Installation services are chargeable unless explicitly stated otherwise in the official quotation or invoice. Installation charges do not include preparatory works or modifications to the site.
9.3 Only FILLUP technicians or FILLUP-approved service partners are authorized to install, commission, calibrate, or relocate covered machines. Installation includes mechanical setup, connection verification, initial calibration, and basic operational testing.
9.4 Self-installation, installation by the Buyer, or installation by any third party not approved in writing by FILLUP shall automatically void the Product warranty, service obligations, and any associated support commitments.
9.5 Installation packages strictly exclude any general or civil works, including but not limited to:
- Electrical wiring, cabling, sockets, or power upgrades
- Plumbing works, piping, water line extensions, or drainage construction
- Countertop cutting, drilling, reinforcement, or modification
- Carpentry, metal works, tiling, or structural alterations
- Installation of third-party equipment or accessories
9.6 If installation cannot be completed due to site unreadiness, the Seller reserves the right to:
- Abort the installation visit
- Reschedule installation at the Buyer’s cost
- Charge additional call-out or revisit fees
9.7 Any delay in installation caused by incomplete site readiness shall not be deemed a delay by the Seller and shall not entitle the Buyer to compensation, refunds, or extensions of warranty periods.
9.8 The Buyer shall ensure that:
- All site readiness requirements are completed before the scheduled installation date
- A responsible representative is present during installation
- Access to the site is unrestricted and safe
9.9 The Seller shall not be liable for:
- Damage caused by improper site conditions
- Equipment malfunction resulting from incorrect installation environment
- Delays, downtime, or business interruption due to site deficiencies
9.10 Successful installation and commissioning shall be deemed complete once the machine is powered on, tested, and handed over in operational condition. Any subsequent issues arising from site conditions shall be treated as Buyer responsibility.
9.11 Acceptance of installation or commissioning constitutes the Buyer’s acknowledgment that:
- The site meets the required technical standards
- Installation was completed satisfactorily
- Responsibility for ongoing operation, environment, and compliance rests with the Buyer
10. WATER QUALITY & FILTRATION (CRITICAL)
(Mandatory Technical, Operational & Warranty Conditions)
10.1 A certified and approved water filtration system is strictly mandatory for all machines supplied by FILLUP that utilize water, including but not limited to espresso machines, hot beverage machines, ice machines, and any equipment with boilers, pumps, or water circuits. Operation of any water-based machine without a compliant filtration system is strictly prohibited.
10.2 The Buyer is fully responsible for ensuring that the Total Dissolved Solids (TDS) level of the incoming water remains below 50 ppm at all times, unless otherwise specified in writing for a particular Product. Water quality must also comply with manufacturer limits for hardness, alkalinity, chlorine, and mineral content.
10.3 Water filtration systems must be:
- Suitable for commercial or professional beverage equipment
- Correctly sized for the machine’s flow rate and daily usage
- Installed prior to commissioning and first use
- Maintained in accordance with the filtration manufacturer’s service schedule
10.4 If the water filtration system is supplied, installed, or serviced by a third-party supplier, the Buyer shall:
- Ensure regular servicing, cartridge replacement, and calibration
- Maintain written service records and filter change logs
- Monitor water quality periodically
The Buyer must also sign a formal undertaking confirming that the installed filtration system complies with FILLUP requirements and that TDS levels are maintained within the approved range.
10.5 Failure to service or maintain a third-party filtration system, failure to monitor water quality, or failure to provide service records upon request shall be deemed non-compliance and shall automatically void the Product warranty and any service obligations.
10.6 Any damage caused directly or indirectly by:
- Scale or limescale buildup
- Excessive mineral content
- Chlorine or chemical contamination
- Corrosive water conditions
- Sediment, rust, or particulate matter
- Use of non-potable or contaminated water
is expressly excluded from warranty coverage, regardless of the age of the machine or the warranty status.
10.7 Such water-related damage may affect, without limitation:
- Boilers and heating elements
- Pumps, solenoid valves, and flow meters
- Pipes, fittings, seals, and gaskets
- Group heads, steam systems, and internal channels
All repairs, parts replacement, labor, and associated downtime resulting from water-related damage shall be charged fully to the Buyer.
10.8 The Seller reserves the right to:
- Test incoming water quality at any time
- Request water analysis reports or filtration service records
- Suspend warranty service if water quality is found to be non-compliant
10.9 The Buyer acknowledges that water quality is the single most critical factor affecting machine performance, lifespan, and safety, and agrees that compliance with this section is an essential condition of sale.
11. COMMISSIONING, TRAINING & OPERATION
(Expanded Operational, Human-Factor & Warranty Responsibility Conditions)
11.1 All machines supplied by FILLUP must undergo proper commissioning prior to daily commercial or home operation. Commissioning includes, but is not limited to:
- Verification of correct electrical and water connections
- Calibration of pressure, temperature, flow rates, and safety parameters
- Initial flushing, testing, and performance checks
- Confirmation that the machine operates within manufacturer specifications
Operation of any machine before formal commissioning or outside commissioning parameters is strictly prohibited and may result in damage not covered under warranty.
11.2 Commissioning must be carried out only by FILLUP technicians or FILLUP-approved service partners. Any commissioning performed by unauthorized personnel, or skipped entirely, shall be deemed improper setup and may void warranty coverage.
11.3 FILLUP shall not be responsible for any damage, malfunction, downtime, loss, or safety incident arising from operator error, misuse, negligence, or failure to follow operating instructions, whether such actions are committed by owners, managers, employees, contractors, or third parties.
11.4 The Buyer is fully responsible for ensuring that all staff and operators who use the machines are:
- Adequately trained
- Competent to operate professional beverage equipment
- Familiar with machine functions, limitations, and safety features
11.5 Staff training must include, at a minimum:
- Correct startup and warm-up procedures
- Proper shutdown and end-of-day procedures
- Daily, weekly, and periodic cleaning routines
- Safe use of steam, hot water, pressure systems, and electrical components
- Identification of warning signs such as leaks, abnormal noise, overheating, or error messages
11.6 Operators must follow all operating instructions, user manuals, warning labels, and safety notices provided by FILLUP and/or the manufacturer. Deviation from documented procedures constitutes misuse.
11.7 Machines must not be operated by:
- Untrained or unauthorized personnel
- Individuals under the influence of alcohol, drugs, or medication impairing judgment
- Persons below the legal working age or lacking required supervision
11.8 Any damage, malfunction, or premature wear resulting from:
- Incorrect startup or shutdown
- Poor cleaning practices
- Neglect of daily maintenance
- Improper handling of components
- Ignoring alarms or warning indicators
shall be considered operator-induced damage and is expressly excluded from warranty coverage.
11.9 The Buyer is responsible for maintaining internal training records, operational checklists, and cleaning logs. Lack of such records may be used as evidence of improper operation in warranty or service assessments.
11.10 FILLUP may, at its discretion:
- Provide initial basic operational guidance at commissioning
- Offer paid training sessions or refresher training upon request
However, FILLUP is not obligated to provide ongoing staff training unless separately contracted in writing.
11.11 Any machine left unattended while operating, or operated outside normal supervision practices, is used entirely at the Buyer’s risk.
11.12 The Buyer acknowledges that professional beverage equipment requires discipline, routine, and trained operation, and agrees that failure to meet these standards transfers full responsibility for resulting damage or loss to the Buyer.
11.13 Acceptance of initial commissioning, or any training support (if provided), or continued operation of the machine shall constitute an explicit acknowledgment by the Buyer that:
- The machine has been delivered and initially commissioned in good condition
- Staff training is fully the Buyer’s responsibility
- All operational risks related to human factors fall under the Buyer’s responsibility
12. CLEANING, MAINTENANCE & ANNUAL MAINTENANCE CONTRACT (AMC)
(Expanded Operational, Technical & Warranty-Related Conditions)
12.1 Only cleaning chemicals and detergents approved by FILLUP or the original manufacturer may be used on all machines and equipment. All approved cleaning products must be:
- Specifically designed for professional coffee and beverage equipment
- Food-grade and safe for contact with consumable surfaces
- Chemically compatible with internal and external machine materials, including stainless steel, seals, gaskets, boilers, and tubing
Use of any non-approved substances is strictly prohibited.
12.2 The use of improper, unapproved, or aggressive cleaning agents, including but not limited to:
- Household cleaning products
- Strong acidic or alkaline chemicals
- Industrial degreasers or solvents
- Abrasive powders or liquids
shall be considered misuse and shall automatically void the warranty for any resulting damage, whether visible or internal.
12.3 The Buyer is required to implement a mandatory and consistent cleaning routine, which shall include:
- Daily cleaning (e.g., group heads, steam wands, external surfaces)
- Weekly cleaning (e.g., backflushing, filter baskets, portafilters)
- Periodic or monthly deep cleaning depending on usage intensity
Neglect of regular cleaning is a primary cause of premature wear, blockages, corrosion, and machine failure.
12.4 Preventive maintenance is mandatory for all commercial and semi-commercial use. Preventive maintenance includes inspection of internal components, calibration of pressure and temperature, inspection of electrical and water connections, and proactive replacement or servicing of wear parts before failure occurs.
12.5 FILLUP strongly recommends the purchase of an Annual Maintenance Contract (AMC) to ensure:
- Optimal and consistent machine performance
- Reduced risk of unexpected breakdowns
- Extended operational lifespan of the equipment
- Compliance with warranty requirements
12.6 Where no AMC is in place, the Buyer remains fully responsible for scheduling and performing all required maintenance, and FILLUP shall bear no liability for failures resulting from insufficient or delayed maintenance.
12.7 The Buyer must maintain accurate and up-to-date maintenance and cleaning records, including:
- Dates of cleaning and maintenance activities
- Types of chemicals and parts used
- Name of the technician or service provider
- Observations or issues noted during maintenance
FILLUP reserves the right to request such records when assessing warranty claims or service requests.
12.8 Failure to provide proper maintenance records, incomplete logs, or evidence of irregular maintenance may result in partial or full rejection of warranty claims, due to inability to verify proper care and operation.
12.9 Warranty coverage does not extend to damage or malfunction caused by:
- Accumulation of coffee oils, residues, or dirt
- Blocked valves, lines, or filters due to poor cleaning
- Corrosion or scaling due to improper cleaning or water quality
- Use of non-approved chemicals
- Neglect of routine maintenance
13. WARRANTY TERMS & LIMITATIONS
(Comprehensive Warranty Scope, Exclusions & Conditions)
13.1 Warranty coverage, where applicable, is limited to manufacturing defects and faults under normal use, subject to full compliance with all Terms & Conditions herein and manufacturer requirements.
13.2 Warranty coverage does not include consumables, wear-and-tear parts, or routine servicing items including but not limited to seals, gaskets, filters, burrs, blades, lamps, hoses, and cosmetic parts.
13.3 Any warranty claim must be reported in writing to FILLUP within the warranty period and must include relevant evidence, serial numbers, and service history where requested.
13.4 Warranty is void if the product is:
- Misused, abused, or operated contrary to manufacturer/FILLUP instructions
- Modified, opened, repaired, or serviced by unauthorized personnel
- Installed in a non-compliant environment or without required filtration/electrical conditions
- Operated with non-approved consumables, parts, or chemicals
- Neglected in cleaning, hygiene, or preventive maintenance
13.5 Warranty does not cover any indirect, consequential, or business-related losses including downtime, loss of profit, loss of customers, or operational interruption.
13.6 If a warranty service is provided, FILLUP may repair or replace parts at its discretion. Replacement parts may be new or equivalent functional parts.
13.7 Any on-site visits, diagnosis, or service found to be outside warranty scope may be charged to the Buyer, including travel, labor, and parts.
14. SERVICE, SPARE PARTS & SUPPORT
(Expanded Service Conditions & Buyer Responsibilities)
14.1 Service visits, repairs, maintenance, and support are subject to scheduling availability and may require payment in advance for non-warranty cases.
14.2 The Buyer is responsible for providing access to the equipment, safe working conditions, and cooperation during service visits.
14.3 If access is restricted, unsafe, or the machine is not available at the scheduled time, FILLUP may apply call-out fees and rescheduling charges.
14.4 Spare parts availability may depend on manufacturers and supply-chain factors. FILLUP shall not be liable for delays caused by part shortages or manufacturer lead times.
14.5 The Buyer agrees to use only genuine or approved spare parts. Use of counterfeit or non-approved parts voids warranty and releases FILLUP from liability.
15. DEFAULT, NON-PAYMENT & LEGAL ACTION
(Expanded Financial Enforcement & Legal Rights)
15.1 Any failure to pay amounts due, reversal of payment, or breach of payment obligations constitutes default.
15.2 In case of default, FILLUP may, without prejudice to any other rights:
- Suspend delivery, installation, service, maintenance, and warranty support
- Apply penalties, administrative charges, storage fees, or collection costs
- Initiate legal proceedings for recovery of amounts due
15.3 Legal action shall not affect FILLUP’s right to claim the full original debt amount and any additional amounts due.
15.4 The Buyer shall bear all legal fees, court costs, collection expenses, and related charges incurred by FILLUP in enforcing its rights.
15.5 Suspension of services and delivery: FILLUP may suspend or stop any future services including delivery, installation, technical support, maintenance, or warranty until all outstanding amounts are fully paid, without any legal or operational liability to the company.
15.6 The Buyer acknowledges that compliance with credit and payment terms is a material legal obligation and that any breach constitutes a serious violation requiring necessary legal actions.
15.7 The Buyer’s signature on the invoice/contract, or receipt of the equipment, constitutes final and conclusive acknowledgment of acceptance of this section without reservation or objection.
16. LIABILITY, FORCE MAJEURE & JURISDICTION
(Expanded, Detailed & Legally Binding Provisions)
16.1 Limitation of Liability
- The Seller shall not be liable under any circumstances for any indirect, incidental, consequential, or special damages, including but not limited to:
- Loss of business, loss of revenue, or loss of profits
- Business interruption or operational downtime
- Loss of customers, contracts, or goodwill
- Losses arising from delayed production, service disruption, or temporary unavailability of equipment
- The Seller’s liability, if any, shall in all cases be strictly limited to the value of the goods or services actually paid for by the Buyer under the relevant invoice or contract.
- Under no circumstances shall the Seller be liable for penalties, third-party claims, or compensation claimed by the Buyer’s customers, partners, or affiliates.
16.2 No Liability for Misuse or External Factors
- The Seller shall bear no responsibility or liability for any damage, malfunction, or performance failure arising from:
- Improper installation, misuse, or operation contrary to manufacturer or Seller guidelines
- Operator error, lack of training, or staff negligence
- Poor maintenance, improper cleaning, or use of non-approved consumables
- Non-compliant water quality, filtration systems, or electrical supply
- Environmental conditions, site limitations, or external infrastructure issues
- Any such cases shall be deemed outside warranty and Seller responsibility.
16.3 Force Majeure
- The Seller shall not be held liable for any failure, delay, or interruption in performance caused by events beyond its reasonable control, including but not limited to:
- Acts of God, natural disasters, floods, earthquakes, fires, or extreme weather
- War, terrorism, civil unrest, strikes, labor disputes, or governmental actions
- Pandemics, epidemics, public health emergencies, or lockdowns
- Port congestion, shipping delays, customs clearance issues, or supply-chain disruptions
- Power outages, fuel shortages, or failure of utilities or telecommunications
- During the continuation of a force majeure event, the Seller’s obligations shall be suspended without liability for the duration of such event.
- If a force majeure event continues for an extended period rendering performance commercially impracticable, the Seller reserves the right to reschedule, modify, or terminate affected obligations without penalty.
16.4 No Waiver of Payment Obligations
- Force majeure events shall not relieve the Buyer of its obligation to make payments for goods delivered, services rendered, or costs already incurred by the Seller prior to or during such events.
16.5 Indemnity
- The Buyer agrees to indemnify, defend, and hold harmless the Seller, its directors, employees, agents, and service partners from and against any claims, losses, damages, liabilities, or expenses arising from:
- The Buyer’s misuse, negligent operation, or unauthorized modification of the equipment
- Breach of these Terms and Conditions
- Claims brought by third parties arising from the Buyer’s business operations or use of the equipment
16.6 Governing Law
- These Terms and Conditions, and any disputes or claims arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the Sultanate of Oman.
16.7 Jurisdiction
- The parties agree that the Courts of the Sultanate of Oman shall have exclusive jurisdiction over any dispute, claim, or legal proceeding arising out of or relating to these Terms and Conditions.
- Without limitation to the foregoing, the Court of First Instance in Muscat shall have exclusive territorial jurisdiction, and the Buyer expressly waives any objection based on venue, forum non conveniens, or jurisdictional grounds.
16.8 Severability
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed and the remainder shall remain in full force and effect.
16.9 Survival
This section, including limitation of liability, indemnity, governing law, and jurisdiction, shall survive delivery, installation, warranty expiry, or termination of the contract.
17. FINAL ACCEPTANCE
(Expanded and Aligned with the Laws of the Sultanate of Oman)
17.1 Binding Final Acceptance
- The Buyer’s performance of any of the following actions, whether individually or collectively, shall constitute full, final, irrevocable, and legally binding acceptance of these Terms & Conditions:
- Making any payment, whether partial or in full
- Accepting delivery or taking possession of any product
- Permitting or commencing installation
- Operating, commissioning, or using any FILLUP product in any manner
- Such acceptance shall be valid and enforceable in accordance with the Omani Civil Transactions Law and the Omani Commercial Law, and the Buyer shall have no right thereafter to claim lack of knowledge, misunderstanding, or non-acceptance of any provision.
- Acceptance shall be deemed effective even in the absence of a separately signed agreement once any of the above actions occur.