Terms & Conditions
CONDITIONS OF SALE
1. All products are offered for Sale subject to availability.
2. 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.
3. The prices are quoted exclusive of Value Added Tax.
(a) Payment for goods supplied shall be received by the Vendor in full on or before the 28th day of the month following the month of invoice or by such other date as shall be specified by the Vendor in writing.
(b) The Vendor reserves the right to charge interest on overdue sums at the rate of 5% above the Vendor’s own bank interest rate from time to time, plus any costs incurred in the recovery of overdue sums.
(c) Payment by due date is a condition precedent to future deliveries under any contract between the Vendor and the Purchaser.
5. 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 as delivered, and
(b) retains for inspection all packaging material, and
(c) endorses any delivery document with details of any obvious loss or damage, and
(d) notifies the Vendor and, when applicable, any independent carrier in writing of any claim for any loss or damage before the expiry of the third day after delivery.
6. No credit will be given for returns unless marked for return by the Vendor’s representative. Non-delivery of the products must be notified to the Vendor in writing within 10 days of the date of receipt by the Purchaser of the invoice for such products.
7. 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 No credit will be given for out of date products nor will they be exchanged.
Products purchased for resale must be properly kept and handled at all times and must be resold by the Purchaser only in the condition as sold or prescribed by the Vendor.
No liability will be accepted for any loss or damage or expense attributable to the absence of, or an error in, bar code printing.
8. Property in products delivered shall remain with the Vendor until the Purchaser has made payment of the full price thereof to the Vendor. The Vendor may repossess and or dispose of any products in which it has property and the Purchaser grants all rights required by the Vendor to locate, to gain access to, to mark and remove them. The Purchaser shall to the extent of his indebtedness from time to time to the Vendor in respect of products supplied by or on behalf of the Vendor be under a fiduciary duty to account to the Vendor for the proceeds of all sales by the Purchaser of the products in which the Vendor has property. In selling such products the Purchaser shall act as principal and not for any purpose as the Vendor’s agent.
9. The Vendor shall not be liable for any failure or delay in performance of its obligations to the Purchaser as a result of causes beyond the Vendor’s reasonable control including strikes, lock outs or trade disputes.
10. Any conditions of contract which 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 contract must be agreed in writing and none of the Vendor’s employees or agents has any authority to bind the Vendor by an oral agreement at variance with these Terms and Conditions of Sale.
11. The Purchaser shall acquire no title to any casks, kegs, pallets, returnable bottles and cases and gas cylinders referred to in this invoice and certain containers (i.e. returnable bottles and cases) will carry a deposit charge which will be refundable 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 a sound condition after a reasonable time.