BR - Classic Drinks

TERMS AND
CONDITIONS
Notice
If the Customer is a consumer in terms of Section 12 of the Unfair Contract Terms Act
then save where the Contract is for international sales of Goods nothing herein shall
restrict or affect the statutory rights of the customer.
1. Definitions
The ‘Company’ means Booker Limited trading as Classic Drinks.
The ‘Customer’ means the person, firm, company or other undertaking to whom the
Goods are supplied and the order acknowledgement delivery note is addressed.
The ‘Contract’ means any contract for the supply of the goods by the Company to
the Customer.
The ‘Goods’ means the beers, wines, spirits, soft drinks and other articles and services
specified in the order acknowledgement/delivery note or credit invoice.
2. Basis of Sale
2.1 The Customer’s order constitutes an offer by the Customer which shall be accepted
by the Company by the issue of the Company’s standard order acknowledgement/delivery
note or, in the case of cash sales, the Company’s invoice.
2.2 Acceptance shall bind the Customer to these conditions of Sale and they shall
apply to the Contract to the exclusion of any terms and conditions issued by the
Customer.
2.3 No variation to these Conditions of Sale shall be binding unless agreed in writing
by authorised representatives of the Company and the Customer.
3. No Acknowledgement of Order
The Company shall be under no obligation to acknowledge receipt of an order from
the Customer and shall be entitled to execute the order without further reference to
the Customer.
4. Availability
Orders are subject to availability of stocks.
5. Delivery
5.1 Any time or date for delivery of the Goods given by the Company shall only be an
estimate and shall not be of the essence of the Contract.
The Company shall not be liable to compensate the Customer for non or late delivery
or for any loss, consequential or otherwise, arising therefrom.
5.2 The Company shall be entitled to deliver part of the Goods or by installments and to
invoice the Customer for such part delivery or each installment.
5.3 If the Customer refuses or fails to take delivery of the Goods at a time when the
Company could reasonably expect the Customer to take delivery,
the Company reserves the right to charge for such abortive delivery.
5.4 The Goods shall be at the Customers risk from delivery.
6. Prices, VAT and Delivery Charges
6.1 The price of the Goods shall be that ruling at the time of delivery.
6.2 The price shall exclude VAT which shall be charged at the rate applicable at the
time of delivery.
6.3 The Company reserves the right to charge separately for delivery.
6.4 All prices are subject to alteration without notice.
7. Payment
7.1 Payment for the Goods shall be made by the Customer on delivery by cash (or, if
the prior agreement of the Company has been obtained, by cheque).
7.2 If the Company has granted credit facilities to the Customer, such payment shall be
made in accordance with the terms granted by the Company to the Customer.
7.3 The Customer shall not be entitled to deduct for the price of the Goods and other
charges made by the Company, any monies due to or claimed to be due to the
Customer from the Company in respect of this or any other contracts.
7.4 If the Customer fails to make payment in accordance with this clause the
Company shall be entitled without notice to:
a) Cancel this and any other Contract with the Customer or suspend deliveries.
b) Charge interest on overdue sums at a rate of 2% above Lloyds TSB Bank Plc base
rate from the date payment was due until the date of payment.
c) Deem all other sums due from the Customer to be immediately payable.
d) Charge the Customer with charges made by third parties to the Company in connection
with any failure to make payment, including legal costs and bank charges for
rejecting or re-presenting cheques or direct debits.
7.5 The Company shall be entitled without notice to cancel the Contract or suspend
deliveries if:
a) The customer makes a voluntary arrangement with its creditors or a petition is presented
for a bankruptcy order or a compulsory winding-up order, or an administrative
order in respect of the Customer, or the Customer passes or gives notice of a
meeting to pass any resolution for the voluntary winding -up of the Customer (other
than a solvent Liquidation for the purposes of amalgamation or reconstruction;
or
b) An encumberancer takes possession, or a receiver is appointed, over any of the
property or assets of the Customer, or
c) The Customer becomes insolvent or ceases to or threatens to cease to carry
on business;
or
d) The Company bona fide believes that any of the events mentioned in (a) to (c)
above is about to occur and notifies the Customer accordingly.
8. Goods - Inspection and Liability
8.1 The Company shall not be liable for any shortages to or damage (apparent on
reasonable inspection) to the Goods on delivery, unless the existence of such shortage
or damages are recorded on the order acknowledgement/delivery note and full
details thereof are delivered in writing to the Company within seventy two hours of
delivery.
8.2 Other shortages/damage and any claims by the Customer that the Goods are
defective must be made within fourteen days of delivery otherwise the Customer will
be deemed to have accepted them. The Company’s liability for Goods it agrees are
defective shall be limited to the price thereof and all other warranties, conditions,
terms and liabilities, express, implied, statutory or otherwise are excluded except any
which by law cannot be excluded.
8.3 Furthermore the Company does not accept liability for Goods which exceed the
manufacturers or suppliers date code or sell by date within seven days from the date
of delivery.
8.4 The Customer shall indemnify the Company in respect of all damage, injury or
loss occurring to any person or property and against all actions, claims, demands and
expenses in connection therewith arising from the condition of use of the Goods or
any property referred to in clause 9, in and to the extent that such damage, injury or
loss shall have been occasioned partly or wholly by the act, omission, negligence or
wilful default of the Customer, his servants or agents, or any breach by the Customer
of its obligations to the Company.
9. Company/Suppliers Property
All containers (including bottles, cases, casks, kegs, cylinders, pallets) in or on which
the Goods are supplied, all drinks dispense equipment and all ancillary equipment
supplied in connection therewith, shall remain the property of the Company or the
Company’s supplier (as the case may be) and the Company shall be entitled to
charge the Customer a deposit for the safekeeping thereof. If the Customer fails to
return such items upon request or returns them in a damaged condition, any deposit
may be forfeited in whole or in part and the Company shall in addition be entitled to
charge the Customer the balance of the cost of any replacement thereof or repair
thereto.
10. Retention of Title
10.1 The Goods shall remain the sole and absolute property of the Company as
legal and equitable owner until such time as the Customer shall have paid the
Company for the Goods together with the price of any other Goods the subject of
any other Contract with the Company and until that time the Customer acknowledges
that it is in possession of the Goods solely as bailee in a financiary capacity for
the Company.
10.2 If the Customer sells or otherwise disposes of the Goods it shall do so as Agent
for the Company and shall hold the proceeds of sale for and on behalf of the
Company until the Company has received payment in full.
10.3 In order to enforce its rights under sub-clause 10.1 above, the Company
may repossess the Goods or any of them without prior notice and reserve the
right to enter any premises owned or occupied by the Customer for the purpose of
such repossession.
10.4 Until such time as title to the Goods shall have passed to the Customer, the
Customer shall store the Goods in such a way as to be identifiable property of the
Company.
11. Mistakes and Information
The Company reserves the right to amend any clerical, administrative or computer
processing error which appear in the Company’s order acknowledgement/delivery
note, invoice or other documentation issued by it.
12. Relaxation or Forbearance
No relaxation or forbearance delay or indulgence by the Company in enforcing any
of the terms and conditions of the contract or granting of time by the Company to the
Customer shall prejudice, affect, or restrict the rights and powers of the Company hereunder,
nor shall any waiver by the Company of any breach hereof operate as a waiver
of any subsequent or any continuing breach.
13. Jurisdiction
These conditions and the Contract shall be governed and construed in accordance
with English Law and any disputes shall be referred to the Courts of England and
Wales.