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Terms & Conditions<br />
1. Terms of Payment<br />
Payment is due by you in full and cleared funds within such period or on such date as we specify to you. Otherwise, if we do not<br />
give you a specific date then payment is due on the 24th day of the month following the month the invoice is dated. Failure to<br />
pay any amount due to us by the due date or any circumstances which give us reasonable concerns about your solvency, shall<br />
entitle us to suspend delivery of any undelivered orders.<br />
If payment is not made by the due date, we reserve the right to charge you interest on the overdue amount at the rate of 3% per<br />
annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date<br />
until actual payment of the overdue amount. Any account falling overdue will not qualify for discount relating to the overdue<br />
amount and we reserve the right to withdraw without notice any discounts that have been allowed if payment is not made in<br />
full by the due date. All of our reasonable costs (including legal fees) incurred by us in collection of amounts due hereunder<br />
or in enforcing repossession under clause 5 below will be payable by you. In the event of any cheques or direct debit being<br />
dishonoured, we will charge you a reasonable fee to cover bank and administration costs. Any credit periods are granted at our<br />
discretion and can be amended, suspended or withdrawn by us at any time.<br />
2. Claims<br />
All goods should be examined at the time of delivery and any loss or damage signed for accordingly. If examination is<br />
impractical at the time of delivery, please sign delivery note “UNEXAMINED”. In any event <strong>St</strong> <strong>Austell</strong> Brewery must be notified<br />
of any discrepancies and/or breakages in deliveries received not later than the day following the day of delivery.<br />
3. Set-Off<br />
You shall pay us all amounts due in full without any set-off, counterclaim, deduction or withholding (except as required by<br />
law). We may at any time without limiting any other rights or remedies we may have, set-off or withhold any amount owing to<br />
us, or any company within our group, by you against any sum which we or any company within our group owe you.<br />
4. Insolvency<br />
Without affecting any of our other rights or remedies we may terminate this contract or suspend any further deliveries<br />
under these conditions with immediate effect and if the goods have been delivered but not paid for, the price shall become<br />
immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary if;<br />
1. You become unable to pay your debts as they fall due, propose any voluntary arrangement or enter into a compromise or<br />
other arrangement with your creditors;<br />
2. An order is made or you become subject to a bankruptcy petition or become bankrupt;<br />
3. You become subject to a winding-up petition or go into liquidation or become subject to a petition for an administration<br />
order or upon the making of an administration order;<br />
4. You cease, or threaten to cease, to carry on all or a substantial part of your business;<br />
5. An encumbering party takes possession of, or a receiver or manager is appointed over any of your property or assets or;<br />
6. We reasonably believe that any of the events mentioned above is likely to occur and notify you accordingly.<br />
5. Risk & Retention of Title<br />
The risk in the goods shall pass to you upon delivery. However, notwithstanding delivery and passing of risk in the goods, title<br />
and property in the goods, including full legal and beneficial ownership shall not pass to you until we have received in cash or<br />
cleared funds payment in full for the goods delivered to you and any other goods which we have supplied to you in respect of<br />
which payment has become due. Payment of the full price of the goods shall include the amount of any interest or other sum<br />
payable under the terms of this and all other contracts between us and you under which the goods were delivered.<br />
Until payment for the goods is received by us, you shall hold the goods on our behalf and shall store the goods separately<br />
from all other goods you hold so that they are readily identifiable as our property. If you sell the goods before we have been<br />
paid in full, you shall hold the proceeds of the sale on trust for us, and such sale is only authorised by us if it takes place in<br />
the ordinary course of your business. In the event of non-payment by you on the due date, we shall be entitled to enter your<br />
premises and take such measures as are reasonably necessary to recover the goods. We shall have absolute authority to<br />
retake, sell or otherwise deal with or dispose of all or any part of the goods in which title remains vested in us. We shall be<br />
entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of the goods.<br />
158<br />
www.staustellwines.co.uk
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