Terms & Conditions
Terms & Conditions of Sale.
COLLECTING OR ACCEPTING DELIVERY OF OUR PRODUCTS CONFIRMS THAT YOU ACCEPT THESE TERMS AND CONDITIONS
1. Definitions The ‘Company’ means Battlefield Beers Ltd. The ‘Customer’ means the person, firm, company or other under-taking to whom the Goods are supplied and the invoice/order acknowledgement/delivery note is addressed. The ‘Contract’ means any contract for the supply of the Goods to the Customer. The ‘Goods’ means the beers, wines, spirits, soft drinks and other articles and services specified in the invoice/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 invoice/order acknowledgement/delivery note or in the case of cash sale, 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 by the Customer.
2.3 No variation to these Conditions of Sale shall be binding unless agreed in writing by a Director of the Company.
3. Prices, VAT and Delivery Charges
3.1 The price of the Goods shall be that ruling at the time of the Customer’s order.
3.2 The price shall exclude VAT which shall be charged at the rate applicable at the time of delivery.
3.3 The Company reserves the right to charge separately for delivery.
3.4 Prices are as per the price list available on request.
3.5 Commodities may be available in single bottles except where stated otherwise in the price list but these may be subject to surcharge.
3.6 Container sizes quoted in the price list and on any other documentation are Trade Descriptions only and are not intended as a guarantee of the actual volume within the container.
4. Delivery
4.1 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 there from.
4.2 The Company shall be entitled to deliver part of the Goods and to invoice the Customer for such part delivery.
4.3 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.
4.4 The Goods shall be at the Customer’s risk from delivery.
5. Payment
5.1 Payment for the Goods shall be made by the Customer on delivery by cash and prior to the unloading of the Goods (or, if the prior agreement of the Company has been obtained, by cheque, debit/credit card or BACs payment).
5.2 However if the Company has granted credit facilities to the Customer, such payment shall be made within fifteen days of the end of the calendar month of delivery or on such terms as detailed in correspondence to the Customer.
5.3 The Customer shall not deduct from the price of the Goods and other charges made by the Company any other monies due to or claimed to be in due to the Customer from the Company in respect of this or any other Contracts.
5.4 Deposit charges on containers must be paid for with goods supplied therein and will be credited in full when the containers are returned in good condition.
5.5 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 the outstanding sum at the rate per day then applicable under s69 County Court Act 1984 from the date payment was due until the date of payment or at such rate set by any substituting legislation.
(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 representing cheques.
5.6 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 administration order in respect of the Customer, or the customer passes or gives notice of a meeting to pass any resolutions for the voluntary winding-up of the Customer (other than a solvent liquidation for the purposes of amalgamation or reconstruction).
(b) an encumbrancer takes possession, or a receiver is appointed, over any of the property or assets of the Customer.
(c) the Customer becomes insolvent or ceases or threatens to cease to carry on business.
(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
6. Goods - Inspection and Liability
6.1 The Company shall not be liable for any shortages of or damage (apparent on reasonable inspection) to the Goods on delivery, unless the existence of such shortages or damage are recorded on the invoice/order acknowledgement/delivery note and full details thereof are delivered in writing to the Company within twenty-four hours of delivery.
6.2 Other shortages/damages (not apparent on reasonable inspection) and any claims by the Customer that the goods are defective must be made within three 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.
6.3 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
6.4 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 or use of the Goods or any of the property referred to in Clause 6.5 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
6.6 In placing any orders and accepting the delivery, the buyer confirms their entitlement to purchase the goods free of any contractual arrangement with any other suppliers.
7. Company/Suppliers’ Property
7.1 All containers inter alia but not exclusively including bottles, cases, kegs, cylinders, pallets in or on which the Goods are supplied, shall remain the property of the Company or of 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.
8. Retention of Title
8.1 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 Contract with the Company and until that time the Customer acknowledges that it is in possession of the Goods solely as bailee in a fiduciary capacity for the Company.
8.2 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.
8.3 In order to enforce its rights under sub clause 8.1 above, the Company may repossess the Goods or any of them without prior notice and reserves the right to enter any premises owned or occupied by the Customer for the purpose of repossession.
8.4 Until such time as title to the Goods shall have passed to the Customer the Customers shall store the Goods in such a way as to be identifiable property of the Company.
9. Mistakes and Information
9.1 The Company reserves the right to amend any clerical administrative or computer processing error which appears in the Company’s invoice/order acknowledgement delivery note, invoice or other documentation issued by it.
10. Relaxation or Forbearance
10.1 No relaxation or forbearance delay or indulgence by the 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 or shall any waiver by the Company of any breach hereof operate as a waiver of any subsequent or any continuing breach.
11. Glassware and dispense equipment is available for sale or hire on the following terms:
11.1 For sale on the Conditions of Sale so defined herein
11.2 For hire.
11.2.1 The Customer will be charged the sale price of the goods as a deposit which is refundable on return of goods in good condition.
11.2.2 The hiring fee and any deductions for breakages or short returns will be charged for at the time thereof.
12. Headings
12.1 The Headings in these conditions are for convenience only and shall have no effect on the interpretation of thereof.
13. Jurisdiction
13.1 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.
14. Privacy Notice
14.1 We only hold personal information relating to customer accounts in order to manage the service.
14.2 On certain occasions and with consent, our work may require us to give information to third parties such as expert witnesses and other professional advisors.
14.3 All customers have a right of access to the personal data that we hold about them.
AWRS
We are approved under the Alcohol Wholesaler Registration Scheme (AWRS). Our unique registration number is XPAW00000100011.
Minimum Legal Age
We may only sell alcohol products to persons over the age of 18. By placing an order for alcohol, you confirm that you are at least 18 years of age. Proof of age may be required on delivery.
Accuracy
We have endeavoured to ensure the accuracy of the information on our site, however our images and product details have been provided for information only. Prices and specifications can change without notice and on occasions, the actual product may vary from that shown in the image.
Allergens
We believe all our information to be accurate, however it is not a substitute for reading the product packaging or label prior to use. In brief:
You should note that products and their ingredients are subject to change. If you do require specific information on a particular product, you should consult the manufacturer / producer. We can put you in touch with them if necessary. If unsure about anything, then please ask for more information.
Availability
Please note all our products are subject to availability.
None of the above affects your statutory rights as a consumer.
Should you have any queries relating to our terms and conditions, please do not hesitate to contact us:
Battlefield Beers Ltd
Unit 2b / 2c Archers way
Battlefield Enterprise park
Shrewsbury
Shropshire
SY1 3AB
Email: sales@battlefieldbeers.co.uk
Tel: 01743 467163
Registered in England & Wales: Company Number 5810651