Terms & Conditions
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.
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
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.
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.
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.
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.
All contracts are subject to English law and jurisdiction. All wines are offered subject to market movement and remaining unsold.