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TERMS
& CONDITIONS
The supply and sale of
goods by Cachet Wine are subject to the following standard
terms and conditions.
1. BASIS
OF THE SUPPLY AND SALE
1.1 All orders for goods will be deemed to be an offer by the
customer to purchase goods pursuant to these terms &
conditions which will govern the agreement to the exclusion of
any other terms and conditions pursuant to which the order is
made or purported to be made
1.2 No variation to these terms and conditions will be
binding unless agreed in writing of Cachet Wine and the
customer.
1.3 No order submitted to us will be deemed to be accepted by
us unless and until confirmed in writing (either by invoice
submitted with goods delivered or otherwise) by our authorised
agent.
1.4 We will not be liable to the customer or be deemed to be
in breach of our agreement with the customer by reason of any
delay in performing or any failure to perform any of our
obligations in relation to the goods if the delay or failure
was due to any cause beyond our reasonable control.
2. PRICES
2.1 All prices quoted are subject to market & currency
fluctuations changes in the rules or rate of duty and VAT
& also subject to stock remaining unsold. (We
reserve the right to alter prices/vintages without notice)
2.2 The price of goods will be the published price as shown on the
invoice less such discount
(for quantity or otherwise) as may
have been agreed between us (or authorized agent) &
the customer in writing as shown on the invoice
2.3 The price is exclusive of
any applicable Value Added
or any other tax which
the customer will be additially liable to pay to us.
3.
PAYMENT
3.1 In the case of customers
with agreed credit accounts, payment for goods supplied must
be received by
us on or before the 20th of the month following delivery or (in the case
of payment by direct
debit) before the 27th of the month following delivery.
3.2 If the customer fails to make any payment on the due date then,
without prejudice to any other right or remedy available to
us, we will be entitled to charge the customer interest (both
before and after any judgement) on the amount unpaid at the
rate of 2% per month or part thereof until payment in full is
made.
3.3 The customer may not withhold payment of any invoice or other
amount due to us by reason of any right of set-off or
counterclaim which the customer may have or allege to have or
for any reason whatever
4. BAD
DEBT
Any
default in payment of an invoice, on or by the due date, will
render the entire balance
outstanding together with bank charges arising from dishonor of cheques
immediately payable with cleared funds.
Costs incurred through dishonored cheques will be
invoiced at a cost for
representations, however, should a cheque be returned to us
for referral to drawer we shall invoice the drawer an additional £25 in respect of each and
every occurrence and such fee shall be in addition to any not
as substitute for any interest
payable as fore-said.
5.
DELIVERY
5.1 Any dates quoted for
delivery of goods are approximate only & we will not be
liable for any delay in
delivering goods however caused.
5.2 Any claim for credit or
replacement stock in respect of any delivery of goods will
only be considered
if such a claim relates to shortage, damage (defect in
quality or condition) failure to correspond with order or non
delivery (or in the case of claim of non delivery of
the date of the invoice). Any such notification of
claims should be followed by written confirmation by the
customer to (our address at Red Duster House, marked for the
attention of the Customer Services Supervisor).
6. RISK
& PROPERTY
6.1 The risk or damage to or
loss of the goods will pass to the customer at the time of
delivery or if
the customer wrongfully fails to take delivery of the goods at the time
when we have tendered delivery of the goods or any
other provision of these Terms & Conditions, the property
in the goods will not pass to the customer until we have
received, in cash or cleared funds, payment
in full of the price of the goods
6.2 Until such time as the
property in the goods passes to the customer, the customer
will hold the goods as
our fiduciary agent and bailee and will keep the goods
separate from those of the customer & third parties & properly stored, protected, insured &
identified as our property. Until
that time, the customer will be entitled to resell or use the
goods in the ordinary course of
its business (if any) but shall account to us for the proceeds
of sales or otherwise of
the goods, including insurance proceeds, & shall keep
all such proceeds separate from any
monies or other property of the customer & third parties.
6.3 Until such time as the property in the goods passes to
the customer & provided the goods are still in
existence & have not been resold, we shall be entitled at
any time to require the customer to deliver the goods to us,
& if the customer fails to do so immediately, to enter any
premises of the customer
or any third party where the goods are stored & repossess
the goods.
7.
INSOLVENCY OF CUSTOMER
A. If the customer makes any
voluntary arrangement with its creditors or becomes
subject to an administration order, or (being an
individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of a
solvent amalgamation or reconstruction).
B. Or an encumbrancer
takes possession or a receiver is appointed of any of the
property or assets of the customer.
C. Or the customer
ceases or threatens to cease to carry on business or we
reasonably apprehend that of the events mentioned about is
about to occur in relation to the customer & notify the
customer accordingly
then without prejudice to any other right or remedy available
to us, we will be entitled to cancel the agreement for the sales of the goods & suspend any
further deliveries under such agreement without incurring any
liability to the customer to retain any advance payment made
by the customer, and if the goods have been delivered but not
paid for, the price shall become immediately due and payable notwithstanding any previous agreement or
arrangement to
the contrary.
8. GENERAL
8.1 If any provision of these Terms & Conditions is held by any
competent authority to be invalid or unenforceable in whole or
in part the validity of the provision in question will not be
affected.
8.2 No waiver by us of any breach of the agreement by the customer
shall be considered as a waiver of any subsequent breach of
the same or any other provisions.
8.3 The headings shown in these Terms & Conditions are for
convenience only and will not affect their interpretation.
8.4 The agreement for the supply and sale of goods will be governed
by the laws of England.
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