Terms & Conditions

1.1 All products are sold subject to availability.

PRICES

2.1.1 The prices quoted or published in any price list are subject to alteration without prior notice.

2.1.2 The prices shown in any quotation or price list are exclusive of Value Added Tax.

2.1.3 A minimum delivery quantity may be agreed from time to time.

PAYMENT

3.1 Payment for goods shall be in full at the time of delivery unless the Vendor has agreed alternative terms. It is solely within the discretion of the Vendor as to whether an intending Purchaser shall trade with the Vendor on a Credit Account basis.

3.2 The Vendor reserves the right:
a. To charge interest at a rate to be notified from time to time calculated on a daily basis on all sums outstanding on accounts rendered from the date on which such sums become due until the date when payment is actually received by the Vendor.
b. To recover any bank charges or legal or other like costs incurred in respect of cheques, direct debits and the like witch are not met either at first or at all.

3.3 Not withstanding that the property in the products shall not pass to the Purchaser as provided above, the goods shall be at the risk of the Purchaser from the time of the delivery to, or collection by him of the product.

3.4 If payment of the price, or any part thereof, is not made by the due date, the Vendor shall be entitled to charge interest on the outstanding amount at a rate of 4% per annum above the base rate of the National Westminster Bank PLC from time to time in force. Such interest will be deemed to accrue from day to day.

3.5 The Vendor is entitled to refuse to deliver any goods to the Purchaser in the event that any money is due to the Vendor.

3.6 In no circumstances will the Vendor be liable for any consequential or economic loss nor for any loss of profit or business on the part of the Purchaser or any other party.

TITLE

4.1 The property in products delivered shall not pass to the Purchaser until the Purchaser has paid the Vendor the whole price thereof together with all other monies due to the Vendor by the Purchaser on any account whatsoever. If not withstanding that the property in the goods has not passed to the Purchaser, the Purchaser shall sell the goods in such a manner as to pass to a third party a valid title to the goods, the Purchaser shall hold the proceeds of such sale on trust for the Vendor. Nothing herein contained shall constitute the Purchaser the agent of the Vendor for the purpose of such subsale.

4.2 The Purchaser agrees that prior to the payment of the whole of the price for the products the Vendor may at any time enter upon the Purchasers premises and remove the products, and prior to such payment the Purchaser shall keep the products separate and identifiable for this purpose. Nothing herein contained shall constitute the purchaser the Agent of the vendor for the purpose of such subsale.

4.3 Notwithstanding that the property in the products shall not pass to the Purchaser as provided above the goods shall be at the risk of the Purchaser from the time of delivery to, or collection by him of the product.

4.4 The intending Purchaser’s right to possession of the products shall cease at whichever is the first of the following dates: a. Upon expiration of any agreed period of credit in respect of the products.

b. If the intending Purchaser not being a company, commits an act of bankruptcy, makes a proposal to his creditors for a composition under Section 110 of the Insolvency Act 1985 or does anything which would entitle a Petition for a Bankruptcy order to be made. c. If the intending Purchaser, being a company, does anything or fails to do anything which would entitle a Receiver to take possession of any assets or which would entitle any person to present a petition for winding up or apply for an Administration Order. d. On the date of the giving of any notice under clause 4.5 here of.

4.5 If the intending Purchaser be a company, neither the intending Purchaser nor any director thereof shall apply to the Court under section 2B (1) on the Insolvency Act 1985 for the appointment of an administrator without giving fourteen days notice in writing to the Vendor.

4.6 The intending Purchaser shall acquire no title to any returnable bottles and cases referred to in this invoice. Returnable bottles and cases will carry a deposit charge, which will be refundable on their return. When empty, returnable bottles and cases should be made available for collection by the Vendor or its Agent.

FORCE MAJEURE

5.1 The Vendor shall not be liable for any failure or delay in fulfilling any terms of any transactions governed by this agreement if occasioned by a circumstance of Force Majeure or any other event or circumstance outside the control of the Vendor.

DELIVERY

6.1 All delivery dates are estimates only and the time of delivery shall not be of the essence of the contract. The Vendor shall in no case be liable for any costs or consequences of any delay in delivery.

6.2 All products should be examined at the time of delivery to the Purchaser and any obvious loss or damage should be noted on any delivery documents signed by the Purchaser. The Vendor accepts no liability for loss or damage to product in transit unless the Purchaser: a. At the time of delivery examines the products delivered; b. Endorses any delivery document with details of any obvious loss or damage; c. Notifies the Vendor and when applicable any third party within 24 hours.

6.3 All shortages must be notified to the Vendor within 24 hours of the delivery being made. Any further claim for shortages will not be entertained, except in exceptional circumstances, at the Vendor’s sole discretion.

EXCLUSIVITY OF CONTRACT

7.1 Any conditions of contract that the Purchaser may purport to impose shall form no part of the contract between the Purchaser and the Vendor. Any variation of these Terms and Conditions of Sale must be agreed in writing. None of the Vendors employees or agents has any authority to bind the Vendor by an oral agreement at variance with these Terms and Conditions of Sale.

OTHER

8.1 The Purchaser is responsible for ensuring that proper stock rotation is undertaken so that the oldest product is sold first. No credit note will be given or exchange of goods will be considered because the goods have passed their durability date.

8.2 Products are not sold on a Sale or Return basis unless by prior agreement.

8.3 This agreement shall be construed and governed in all respects by English Law and all disputes Arising hereunder shall be the subject of the jurisdiction of the Courts in England.