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These terms are important and they apply to all the orders we accept.
Once incorporated, they will continue to apply to all future transactions
unless and until modified by written agreement between us.
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. Approved credit
accounts for Trade clients will provide 30 days credit from the
invoice date. Export orders must be paid in full before release.
(b) Late payments attract interest at 5% above the base rate of
Barclay Bank from the due date until payment.
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 upon the later of receipt of payment or shipment.
(b) Until such time as title to the goods passes to the you, we
reserve the right to inspect goods not in our physical possession
and to require you 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.
4. Delivery
We will let you know 5 days in advance of the expected time of delivery
and you must give us at least 48 hours prior notice if this time
and date are not acceptable.
Deliveries are free within a 2 hour radius
of London, however re-deliveries are subject to a £15.00 charge
plus VAT.
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 ourselves 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
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.
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
We make every effort to ensure the proper cellaring of wines in
our possession and will act in good faith consider requests for
replacing the unopened balance of an order which is undrinkable.
9. Law
This contract is made under English law and is subject to the exclusive
jurisdiction of the English Courts.
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