These are the terms and conditions
applying to all sales and are the basis of which all
orders to Albany Vintners Limited are accepted. They
will apply to all sales unless varied in writing by
Albany Vintners Limited to all future transactions.
1.
PRICES
Unless otherwise stated, all our prices are:
-
Offered in Pounds Sterling
- Per case or per bottle (btl) as indicated
- Exclusive of V.A.T. and duty
- Exclusive of delivery charges
- Provisional and subject to our confirmation, upon
acceptance of order
2. PAYMENT
Payment is due on invoice, and may be by
bank transfer or U.K. cheque (allow 5 working days
for cheques to clear). Approved trade accounts may
be paid by 30 day post dated cheque. Overdue sums
shall carry interest from the date when payment becomes
due at 5% per annum above the base rate of Barclays
Bank plc from time to time. Until all sums due to
us have been paid we shall be entitled to retain possession
of any goods to which you would otherwise be entitled.
If any payment is overdue we shall be entitled to
suspend deliveries/collections.
3.
TITLE AND RISK
We shall retain title
to all goods (other than goods in your direct physical
possession following delivery or collection and payment
in full for those goods) sold by us until all the
sums due from you in respect of any order have been
paid. Risk in all goods shall pass to you as soon
as we notify you that they are available and earmarked
under your order. If goods within our ownership are
held by any third party on your behalf you will upon
our request instruct that third party to hold the
goods to our order.
4.
DELIVERY & STORAGE
Any indication as to
when wines will be available for delivery or collection
is an estimate only and is not intended to be contractually
binding. We will notify you once wines are available
and you must give at least 48 hours' notice before
collection. We may arrange national or international
transport as your agent at the rates of charge indicated.
We shall be entitled to claim a storage and administration
charge of 70 pence per case (excl. VAT) per calendar
month (or part thereof) for goods that have not been
collected/delivered within three months of being available.
5.
ACCEPTANCE
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.
DEFAULT
a) If any payment is
overdue for four weeks or the goods have not been
collected within three months of being available,
or there is an earlier indication from you that payment
will not be made or the goods will not be collected,
we shall be entitled to send written notice to the
invoice address of our intention to deal with, sell
or otherwise dispose of the goods and 10 days thereafter
we shall be at liberty to do so. Any method of resale
is entirely at our discretion.
b)
Upon resale you will receive a credit of the net proceeds
of the resale less 20%. Such credit shall be limited
to the amount of your indebtedness to us. Any balance
after the credit shall remain payable by you and shall
continue to carry interest.
The
existence of this right does not affect any other
remedies we would have.
7.
FORCE MAJEURE
We shall not be liable for any failure to
meet our obligations occasioned by circumstances beyond
our reasonable control.
8.
DESCRIPTION / QUALITY
We undertake the proper
safekeeping and storage of wines in our possession
and will act in good faith when purchasing wine, but
we will not be responsible for the state and condition
of wines or whether the wine corresponds to the qualities
which might be expected from its description. At our
complete discretion, we will consider replacing the
remainder of any case sold which is undrinkable.
9.
ORDERS
The placing and accepting
of oral orders shall form a contract on these terms,
conditional upon our written confirmation of order
which may be by the delivery of an invoice.
10.
LAW
All contracts are subject
to English law and jurisdiction. All wines are offered
subject to market movement and remaining unsold.
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