TERMS & CONDITIONS

1. AVAILABILITY
All products are offered for sale subject to availability.

2. VINTAGES
The vintage of wines will follow on when stock of the previous vintage is exhausted, unless advised otherwise.

3. PRICING
The prices in any price list are subject to alteration without prior notice and products will be invoiced at the prices ruling at the date of delivery. Prices may be subject to changes in duty and foreign exchange rates.

4. VALUE ADDED TAX
All prices are quoted exclusive of value added tax, which will be added where applicable at the rate current on invoice day.

5. PAYMENT
a) i) For customers with approved 30 days credit accounts, payment for the products shall be made on or before the thirtieth day following delivery OR on or before the fifteenth day of the monthly statement date.
ii) For customers with approved 14 days credit accounts, payment for the products shall be made on or before the fourteenth day following delivery.
iii) For customers with approved 7 days credit accounts, payment for the products shall be made on or before the seventh day following delivery
b) For customers without credit accounts, payment for the products shall be strictly net cash on receipt of goods. All discounts from trade price are given on the understanding that payment is made by the due date. If payment is not received, discounts may be removed and goods re-invoiced at standard trade prices.
c) The vendor reserves the right:
i) To charge interest on outstanding invoices at a rate of 4% above the prevailing HSBC base rate on that money outstanding between due date and the date when full payment is actually received. This does not prevent the vendor from pursuing payment of outstanding invoices at any time after the due date.
ii) To charge £25 for each cheque unpaid by the purchaser’s bank, and £25 for each direct debit including cheques returned marked ‘Please Represent’. For returned cheques marked ‘Refer to Drawer’ the vendor reserves the right to cancel accounts and terms quoted, and to request a bankers draft or cash on delivery only.

6. CLAIMS
Risk in products shall pass to the purchaser upon delivery. The vendor accepts no liability for loss or damage to products in transit, unless the purchaser: a) At the time of delivery, examines the products delivered and b) Retains for inspection all packaging material and c) Endorses any delivery document with the details of any obvious loss or damage and d) Notifies the vendor and, when applicable, any independent carrier in writing of any loss or damage before the expiry of the third day after delivery.

7. RETURN OF GOODS
No credit will be given for returns unless marked for return unless on a delivery document. The vendor reserves the right not to allow credit if: a) The goods are price marked, disfigured or in any way not in a saleable condition. b) The manufacturer of the goods disallows credit to the vendor.

8. PRODUCT QUALITY
a) It is the purchaser’s responsibility to rotate products so that the oldest product is sold first. No credit will be given for out of date products, nor will they be exchanged.
b) Product purchased for resale must be properly kept and handled at all times and must be resold by purchaser only in the condition as sold or prescribed by the vendor.
c) The vendor will not be held responsible for any loss or expense due to the absence of, or error in, bar-code printing.

9. RESERVATION OF TITLE
Until the vendor has received payment for all goods whatsoever that the vendor has supplied at any time to the purchaser:
a) The goods shall remain the vendor’s property and the purchaser shall store the goods separately and/or keep them in such a way that they can be readily identified as being the vendor’s property. The purchaser shall ensure the goods shall be kept free from and charge of encumbrance.
b) Notwithstanding any inconsistency (if any) with any other provision of these conditions, the purchaser acknowledges and admits that until full payment for the goods has been made it holds the goods in a fiduciary relationship as the vendor’s bailee.
c) Subject to (e) and (f) below, the purchaser shall be at liberty to sell the goods in the ordinary course of business on the basis that the net proceeds of sale shall be the vendor’s property (and notwithstanding that any period of credit permitted under the contract may not have expired) the purchaser shall account to the vendor on demand provided always that the purchaser shall have no authority to enter into any contract of sale on the vendor’s behalf and any contract of sale should accordingly be concluded in the name of the purchaser.
d) Where the goods have been sold by the purchaser, the purchaser shall at the vendor’s request and expense assign to the vendor its rights against the subpurchaser.
e) Without prejudice to any other remedy that the vendor may at any time revoke the purchaser’s power of sale by notice to the purchaser if the purchaser is in default in payment of any sum whatsoever due to the vendor (whether in respect of the goods of any other goods supplied by any time by us to the purchaser or for any reason whatsoever) or if any bill of exchange, cheque or negotiable instrument drawn or accepted by the purchaser goes into voluntary liquidation (otherwise than for the purpose of re-construction or amalgamation) or calls a meeting of or makes any arrangement of composition with it’s creditors or commits any act of bankruptcy.
f) Upon determination of the purchaser’s power of sale under clause (e) and (f): i) All amounts payable in respect of the goods that have been re-sold shall immediately become due notwithstanding that any period of credit permitted under the contract may not have expired.
ii) The purchaser shall immediately place the remaining goods at the vendor’s disposal and the vendor shall be entitled to enter upon any premises of the purchaser for the purpose of removing the same from the premises. Such return or retaking of possession shall not cancel or otherwise affect this contract of sale relating to such goods or the obligation of the purchaser to complete the purchase and to pay the purchase price in respect thereof (where the same remains outstanding).
g) The vendor may maintain an action for the price of the goods notwithstanding that the ownership of them has not passed. For the purpose of this condition ‘the goods’ shall mean all goods which are the subject of any contract of sale or supply between the vendor and the purchaser.

10. CONTAINERS
The purchaser shall acquire no title to any casks, kegs, pallets, returnable bottles and cases and gas cylinders referred to in any invoice. Certain containers (i.e. returnable bottles and cases) will carry a deposit charge which will be refunded on their return. When empty, casks, kegs, pallets, returnable bottles and cases and gas cylinders should be made available for collection by the vendor or its agent. The vendor reserves the right to charge the purchaser a reasonable price for any casks, kegs, pallets, and gas cylinders
not returned in sound condition after a reasonable time.

11. FORCE MAJEURE
The vendor shall not be liable for any failure or delay in performance of its obligation to the purchaser, as a result of cause beyond the vendor’s reasonable control, including strikes, lock outs or trade disputes.

12. VARIATIONS
Any condition of contract which the purchaser may purport to impose shall form no part of the contract between the purchaser and the vendor. Any changes to these terms and conditions must be agreed in writing. None of the vendor’s employees or agents has the right to bind the vendor to any spoken agreement which does not comply with these conditions of sale.