TERMS & CONDITIONS
Terms of Sale
1 These are the terms upon which we, Welch & Co, supply goods to you, our customer. They apply to the exclusion of any terms and conditions contained in any communication from you and can only be varied by express written agreement, signed by one of our directors on our behalf.
2 We may change the Terms of Sale but any change will only apply to orders that we receive from you after we have communicated the change to you.
3 All prices quoted are exclusive of VAT.
4 Notwithstanding our acceptance of an order we may: (a) postpone or cancel its delivery if we have insufficient stock to meet it and the other orders we have received; (b) increase any price to take account of any variations since the order was placed in the cost to us of buying the items ordered, including alterations in duties and exchange rate fluctuations. Any adjusted price is payable by you as if it was the original contract price.
5 Unless we state otherwise, goods must be paid for within 30 days of the date on which we invoice them.
6 If you do not pay an invoice on time we may postpone or cancel any future deliveries and may charge interest on the amount outstanding at 2% above the base rate from time to time of Lloyds Bank together with all expenses, including legal expenses, which we may incur in recovering such outstanding sums.
7 We may set any sums that you owe us against any sums that we may otherwise owe you.
8 We may require you to supply us with satisfactory references from two established trade suppliers together with the name and address of your bankers before we accept an order.
9 Where we agree to deliver, or arrange for delivery, of goods to you: (a) we will deliver the goods to the place(s) specified in your order, or as subsequently agreed between us, and by the mode of transport we select; (b) we shall not be liable for any loss or damage to goods in transit unless you: (i) note on the delivery note any loss or damage; (ii) notify us of any loss or damage within three working days of the date of delivery; and (iii) retain all packaging material for our inspection; (c) the risk in the goods passes to you on delivery; (d) whilst we try to estimate the time of delivery as accurately as possible we do not guarantee any particular delivery time or date.
10 Title to each item of goods remains with us until we receive full payment from you for that item and all other money that you owe us in respect of goods that we supply and have supplied to you under all and any orders.
11 Subject to clause 12, you must store the goods separately from any similar goods supplied by any other person, firm or company and keep them clearly identified as our property until such time as title passes to you.
12 Notwithstanding clause 10, you may sell the goods in the ordinary course of your business, but only on the basis that the proceeds of sale belong to us and that you will account to us for them on demand.
13 We may revoke your power to sell under clause 12 if you default, or we believe that you will default, in payment of any sums due to us. In addition your power to sell under clause 12 will automatically terminate if you become insolvent, compound with your creditors, have distress, attachment or execution levied on any of your assets, present a petition, have a petition presented, or convene a meeting to pass a resolution, for your winding up, have a receiver or administrative receiver appointed over any of your assets, have a petition presented for an administration order to be made in relation to you or cease to carry on business.
14 On termination of your power of sale you must place all goods that we have sold to you and that you have not sold and delivered to your customers at our disposal and we shall be entitled to enter your premises in order to remove them.
15 We do not supply any goods on a "sale or return" basis, unless agreed in writing.
16 We may change the packaging or the style of the labels of goods at any time.
17 You agree that you will at all times handle goods that you receive from us properly, store them in suitable conditions and keep them properly insured.
18 You acknowledge that, depending on a number of factors, goods of the type sold by us retain their quality for different periods of time and that their alcoholic strength may vary by up to 0.5 per cent compared with the strength indicated on the label and in our price list. Provided that you comply with clause 17 we guarantee the quality of goods for what is (bearing in mind all relevant circumstances) a reasonable period. If within this period you notify us of any defects and keep or dispose of the goods in accordance with our instructions we will (at our option) either replace free of charge any goods that do not comply with this guarantee or issue a credit note to you in respect of them or, if you request, refund you.
19 Your only remedy in respect of any defective, lost or damaged goods is their replacement free of charge or a credit note or refund for the full invoiced price to you.
20 Our maximum liability in respect of any consignment of goods is our sale price to you in respect of that consignment.
21 We are not liable, whether in contract, tort (including negligence) or otherwise howsoever, for any loss of profit, loss of business or goodwill, or indirect or consequential loss of whatever nature that you may suffer.
22 We are not liable for any delay in, or non-performance of, our obligations which is caused by circumstances beyond our reasonable control (which includes failure of suppliers to meet delivery requirements). In such circumstances we may delay or cancel delivery or reduce the amount of goods delivered.
23 Nothing in these Terms of Sale, however, operates to exclude or limit our liability for any death or personal injury caused by our negligence.
24 These Terms of Sale and any orders placed by you under them are governed by English law and the English courts shall have exclusive jurisdiction to determine any dispute arising between us in relation to them.
DATA PROTECTION NOTICE
We, Welch & Co, will use your information for administration, credit control and marketing purposes and to analyse your purchasing preferences. We may also need to disclose your information to our agents and service providers for these purposes. You have the right to request a copy of the personal data that we hold about you (for which we may charge a small fee) and to correct any inaccuracies.