1. TIME OF CONTRACT
A contract for sale incorporating these terms comes into existence when we expressly accept your order. The contract is conditional upon wines not having been previously sold by us and we will notify you without delay should this occur.
2. TIME FOR PAYMENT
(a) Payment is due upon the raising of the invoice.
(b) UK Trade Customers may apply for credit accounts. Export orders for Trade Customers must be paid in full before release.
(c) Late payments attract interest at 5% above the base rate of the Bank of England from the due date until payment is received.
3. RETENTION OF GOODS PENDING PAYMENT
(a) We will retain title in all goods sold by us until all sums due or to become due to us from the purchaser in respect of any order have been paid. This will include goods held to your account in bond but will not include goods for which we have been paid in full and which are in your personal physical possession. Risk in goods passes to you as soon as we inform you that they are identified by us to meet your order.
(b) Until such time as title to the goods passes to the customer, we reserve the right to inspect goods not in our physical possession and to require the customer to deliver up those wines to us and in the event of failure to do so we may enter any premises where the wines are stored to repossess them.
(c) Deliveries and/or collections may be suspended by us if any sum is outstanding.
Wines are sold for collection from our warehouse. We will let you know shortly in advance of the expected time of availability and you must give at least 48 hours prior notice of collection. Indications of delivery dates prior to that are estimates and not intended to be contractually binding.
We may at your request and as your representative arrange transport but we accept no liability for any failure on the part of carriers. If goods are not collected or delivered within three months we will be entitled to make a reasonable storage and administration charge.
5. ACCEPTANCE OF GOODS
It is your obligation to inspect goods immediately upon receipt and notify either ourselves or the carrier immediately of any shortage or damage. In the absence of any notification within three days the shortage, damage or any other deficiency will be deemed to have occurred after delivery to you.
6. FAILURE TO PAY OR TAKE DELIVERY
(a) If payment is not made within four weeks of the due date or if goods have not been collected within three months of notification of their availability or if there is an earlier indication that payment will not be made or goods will not be collected, we will send you written notice to the invoice address of our intention to dispose of the goods. If you do not object in writing within 10 days of the dispatch of such notice accompanying such objection with payment in full or where appropriate confirmed arrangements for collection, we will be entitled to resell the goods by a method entirely in our discretion.
(b) Upon resale you will receive a credit of the net proceeds less 20%. Any balance due after the credit shall remain payable and shall continue to carry interest. The exercise of this right of resale does not affect any other right we may have.
7. FORCE MAJEURE
We shall not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control.
8. QUALITY AND ATTRIBUTES
Whilst we make every effort to ensure the proper cellaring of wines in our possession and will act in good faith in purchasing wines, we cannot be responsible for the condition of wines or whether they show any attributes which might be expected. In our absolute discretion we will consider requests for replacing the unopened balance of an order which is undrinkable.
9. PERSONAL INFORMATION
You agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
This contract is made under English law and is subject to the exclusive jurisdiction of the English Courts.