For the Love of Wine
Retial Terms and Conditions of Business
In these conditions "the company" means For the Love of Wine; "the customer" means any person, firm or company at whose request goods are supplied by the company; "the price" means the price specified in this list or otherwise communicated to the customer whether the details are specified within this list or otherwise communicated to the customer.
1. PRICE LIST
This price list is issued subject to stock remaining on hand and to exchange, duty and market fluctuations. All previous lists are cancelled.
2. ACCEPTANCE AND CONFLICTING CONDITIONS
Orders placed by the customer whether in writing, verbally or by any other means shall be deemed to constitute an offer by the customer to enter into a contract on these conditions, which offer shall be accepted by the company signing this order form or in default, by fulfilling the said order. Any conflicting conditions stated in the customer's order or in any other document, and in particular(but without prejudice to the generality of the above) any condition stating that the customer's conditions of purchase shall prevail over these conditions, shall not take effect unless agreed to in writing by one of the partners of the company.
3. PRICES
All bottle and case
prices quoted are inclusive of VAT.
Payment on or prior to delivery.
Discounts for larger orders are as follows: 6 to 10 cases 2.5%,
over 10 cases 5%.. Special and bin end offers are not subject to
further discounts.
Taxation is based on the rate of VAT and excise duties ruling on
January 1st 1998. Any changes will effect the prices quoted.
All bottles sizes are 75cl; other variances are as described in
the price list.
4. RISK AND TITLE
Title to the goods does
not pass until payment in full has been received and cleared. If
at any time payment of the price (or any other amount due from
the customer to the company) is overdue or in the event of
cancellation pursuant to clause 5. hereof, the customer hereby
irrevocably authorises the company to enter the customer's
premises and retake possession of the goods at the customer's
expense.
All goods shall be supplied at the customer's entire risk from
the time of delivery to the customer's nominated premises.
Claims for breakages or theft can only be allowed if notice of
the claim is received in writing within three days of receipt of
goods. Breakages must be retained with the packaging for
examination by the carrier. The company's liability howsoever
arising shall be limited to the price and in any event will not
include consequential loss or damage.
If an order is not received within 21 days the company should be
notified without delay.
The company will use its best endeavours to despatch the goods by
any estimated date but delivery dates are not warranted in the
absence of any contrary agreement in writing and time shall not
be of the essence and the company shall not incur any liability
whatsoever for failure to despatch by such estimated date. In the
event of war, rebellion, revolution, force majeure, industrial
action, failure of supplies or any other matter outside the
control of the company the company shall be relieved of all
liabilities incurred under this contract where and to the extent
to which fulfilment of such obligations is prevented frustrated
or impeded as a consequence of such event.
5. CANCELLATION
If a customer shall fail to make any payment when it becomes due or shall enter into any composition or arrangement with its creditors or it being an incorporated company shall have an Administrative Receiver or Administrator appointed or shall pass a resolution for winding up or a court shall make an order to that effect or if the customer not being an incorporated company shall have a bankruptcy order made against him or them or if there shall be any breach by the customer of any of these conditions or if the credit worthiness of the customer is unsatisfactory to the company, the company at its option may defer or cancel any further deliveries and treat the contract as terminated unless or until the customer can give satisfactory security for the obligations to the company hereunder. Such termination shall be without prejudice to the company's right to payment of any unpaid amounts in respect of goods delivered and to damages and any loss including interest.
6. DELIVERY
Delivery within 25 miles of Sevenoaks, Bury St Edmunds or Buckingham is free. Orders outside these areas are free for orders of 10 cases or more. Delivery for orders less than this are charged at £10 for the first two cases and £3.50 per case thereafter.
7. GOVERNING LAW
All contracts are made under English Law and are subject to the exclusive jurisdiction of the English Courts.
8. SEVERABILITY
If any of these terms and conditions or any part hereof shall be held rendered void or unenforceable by any legislation to which it is subject it shall be void or unenforceable to that extent and no further.