T & C’s
A-CASK Terms & Conditions
Terms & Conditions for the sale of goods.
Buyer– The person who buys or agrees to buy the goods from the seller.
Conditions– The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the seller.
Goods– The articles in which the buyer agrees to buy from the seller.
Price– The price for the goods, excluding VAT and any carriage, packing and insurance costs.
Seller– A-CASK Ltd, Unit 6A St Andrews Industrial Estate Bridport Dorset DT6 3EX
2.1 These conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the buyers standard conditions of purchase or any conditions which the Buyer may purport to apply under any purchase order or confirmation to order or any other document.
2.2 All orders for Goods shall be deemed to be any offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evident of the Buyers acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement by the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The price shall be the price quoted on the Sellers confirmation of order. The Price is exclusive of VAT which shall be due at the rate in force on the date of which Seller’s invoice.
4.1 Payment of the Price and VAT shall at time or order or within 30 days of the date of the Sellers invoice (if account is open), Unless agreed in writing with the seller.
4.2 Payment settlement by cheques made payable to A-CASK Ltd or by Bank Transfer when placing order, Unless a credit account has been established.
4.3 The buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the delivery address given to the seller by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of the delivery shall not be of the essence of contract.
7.3 The Seller shall not be liable to the Buyers for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of contract.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of doing so.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 4 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted the Goods, The Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and Risk
9.1 Risk shall pass on delivery of the Goods to the Buyers address.
9.2 Notwithstanding the earlier passing of the risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has be paid in full.
9.3 Until title passes, the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can at all times be identified as the property of the Seller.
9.4 The Seller may at any time before title passes and without any liability to the Buyer:
9.4.1 Repossess and dismantle and use or sell any or all of the Goods and by doing so terminate the Buyers right to use, sell or otherwise deal in them: and
9.4.2 for that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises or occupied by the Buyer.
9.5 The Seller may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.
9.6 Payment shall become due immediately upon the commencement of any act of proceedings In which the customers solvency is allowed.
10. Carriage and Goods
Carriage will be chargeable on all sales unless otherwise agreed with the Seller.