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Sales Out – Terms & Conditions
1) The terms and conditions apply to all sales of goods and supplies of services by Brewers Select Limited (BSL), where the customer deals otherwise than as a consumer.
2) The Customer is defined as being the Company, Owner, Director, Manager and any other authorised representative.
Any contract made with BSL for the sale of goods or the supply of services is subject to these terms and conditions and any conflicting terms of business of the customer shall have no effect. Acceptance of delivery by the customer of either goods or services will constitute acceptance by the customer of these terms and conditions.
a. Prices stated in any quotation or within BSL price lists are subject to alteration without notice upon any changes or amendments to prices from its suppliers
b. Value Added Tax will be charged to the customer in addition to the price for goods and services supplied.
a. Payment for goods and services supplied by BSL will be made by the customer in advance of those goods and services being processed and delivered. Advance payments can be made by card payment at the time or alternatively by BACS,
b. Accounts may be opened for the customer on providing to BSL references as the company deem necessary. BSL reserves the right in its discretion to grant credit. All credit accounts will become due for payment 30 days following the order placement by the customer.
c. The customer will not make any deduction from the invoice price of goods or services on account of any off set or claim unless both the validity and the amount have been agreed in writing by an authorised representative of BSL.
d. BSL reserves the right to charge interest on overdue credit accounts. The rate of such a charge will be at the same interest rate as BSL own banking facility plus 2%. Interest on all outstanding accounts is to be compounded from day to day until the payment of the amount outstanding is received.
e. BSL reserves the right to make a charge (not to exceed its own banking charges) for any dishonoured cheques, returned Direct Debits or returned payments of any kind.
a. Stated dates or times for deliveries are approximate only
b. Failure by BSL to deliver any consignment or part order under the contract shall not entitle the customer to cancel or suspend the contract or any consignment.
6) Risk and Title
a. Risk will pass to the customer so that the customer is responsible for all loss, damage or deterioration to the goods as follows:-
i. In all circumstances when the consignment or part consignment or other services is delivered and accepted at the premises of the customer or at an address as designated by the customer.
ii. Title to and all ownership of all goods supplied by BSL to the customer and not paid for will remain with BSL.
iii. Until full payment is received, BSL may without prejudice to any other right recover all goods supplied, whether partially paid for or not.
iv. BSL will not be under any obligation to resell goods recovered. The value of any goods so recovered and sold will be credited to the customer account after deductions in favour to BSL for expenses incurred in the recovery of the said goods.
a. Prices of goods quoted do not include delivery to destinations anywhere within or outside the United Kingdom.
b. The entire cost in the transportation of goods to a destination specified by the customer, either within or outside the United Kingdom will be borne by the customer.
c. No allowance will be credited for goods collected from BSL premises by the customer.
a. BSL will not accept the return of goods unless there has been a fault at production or unless the goods are damaged prior to or during delivery and then only as specified in 8b) below. BSL do not operate a ‘sale or return’ policy
b. Where in the opinion of BSL (which shall be binding on the customer) that the quality of goods is not acceptable, the goods may be returned but must be accompanied by a request for credit signed by the customer and duly authorised representative of BSL.
c. All goods supplied by BSL must be stored undercover in dry weatherproof conditions.
d. Credit may be given at the sole discretion of BSL providing the goods returned are within the acceptable ‘best before ‘date/period as determined by the BSL ‘batch lot’ Number.
BSL will library all ‘Lot’ numbers at the time of milling and bagging the whole grain malt.
i. Milled malt, where the request for return is made less than 365 days after the’ lot’ number shown on the 25kg sack.
ii. Whole grain malt where the request for return is made less than 547 days after the ‘Lot’ number as shown on the 25kg sack.
iii. All other goods and services supplied will be as detailed on the manufacturers packaging.
a. All containers, cylinders, cases and pallets used in the carrying and delivery of goods will be deemed as non-returnable. Ownership and responsibility of these items passes to the customer at the time of delivery.
b. The customer may return any of the containers as detailed in a) to BSL, any so returned will be at the customers own cost.
c. The items detailed in a) do not carry any monetary value and any so returned will not be credited against the customer’s account with BSL.
d. The customer is expected to dispose of all containers in a manner befitting the environment
10) Damage, Shortage or Loss in Transit
a. In respect of goods, no claim for any damage, shortage or loss in transit will be considered by BSL unless the customer has given written notice to BSL
i. In the case of partial damage, consignment shortage or the complete consignment loss to any carrier other than BSL within 1 day from the date of receipt of the consignment in question.
ii. In the case of total loss of consignment in question to both BSL and the carrier, within 5 days of the despatch of the consignment.
a. The invoice value of goods and services supplied by BSL and subsequently agreed by BSL to be defective in materials or workmanship will be credited to the customer provided that the goods returned to BSL are within the appropriate period of time as specified in section 8. Any such agreed defective goods will be replaced (and re invoiced at the price credited) or made serviceable for their original purpose free of charge.
b. In providing materials (specifically to Malt milled from whole grain) BSL will make the considered approach to grind the whole grain at a gauge level as to optimise product for best customer results. BSL will not guarantee exact production results from goods purchased when used in the manufacture of by-product for the customers own use or resale.
c. BSL will provide a goods specification sheet to accompany each individual batch of malt goods despatched. The specification document is a guide only and cannot be used as a guarantee to return exact quantities of any subsequent by-product manufactured.
d. BSL will not be liable for any loss or damage of any description, whether caused by negligence of its employees or agents or otherwise or whether arising from any connection in the failure or the delay in delivery of goods.
a. BSL will be entitled without prejudice to its rights to terminate a whole or part contract with its customer or suspend further deliveries under the contract if the following occur
i. If any debts due and payable by the customer remain unpaid.
ii. If the customer fails to take delivery of any goods under the terms of an agreed volume supply contract
iii. If the customer becomes insolvent, suffers any writ or proceedings for debt or has a receiver appointed.
iv. Has a receiving order made against them
v. If the customer becomes abusive or offensive to any member of the Brewers Select staff by any means
b. Upon termination the price of all goods sold and delivered by BSL to the customer and all outstanding money owed to BSL on any account will become immediately repayable.
c. In addition to any right or lien BSL may have, BSL shall have a lien on all BSL goods the customer has in possession at the time that remain unpaid
13) Force Majeure
BSL will not be under any liability to the customer for the failure to perform or delay in performing any of its contractual obligations to the customer attributable to any cause whatsoever beyond the reasonable control of BSL and no such failure or delay shall be deemed for any purpose of these conditions to constitute a breach of contract
The customer shall have no right under any circumstances to cancel the contract or any instalment or order thereunder without prior agreement and written notice of BSL. If BSL shall give such consent it will be without liability then BSL may make it a condition of that consent that the customer shall pay compensation to BSL as reasonably required. However nothing in this clause will imply that BSL conducts business on a sale or return basis.
15) Price List
The description of goods and services in the BSL price list is given by way of a description only and the use of such descriptions shall not mean that the sale under this contract is a sale by description.
The customer shall not exhibit any of BSL products at any public exhibition or trade display without first obtaining the written permission of BSL.
17) Proper Law
Every contract to which these conditions apply shall be construed and take effect in accordance with the Laws of England and the parties shall accept the exclusive jurisdiction of the English courts.
No waiver by BSL of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby