1. Settlement

   Cash with order, or if credit is accorded, payment terms are (days to be confirmed) from date of invoice.

2. Non Payment of Accounts

   In the event of non-payment when an account is due or in the case of other incapacity, bankruptcy or insolvency of the customer or when the customer is a Limited Company in the case of liquidation’s of the Administrative Receiver then the price of goods invoiced or delivered to the customer shall immediately become due and payable. In addition the Company shall have the right to suspend every contract made with the customer and to suspend or continue delivery of goods to the customer at the Company’s option without prejudice to the Company’s right to recover any loss sustained. The Company reserves the right to recover third party costs, incurred whilst pursuing unpaid invoices.

3. Interest on Overdue Account and Dishonoured Cheques

   Interest at the rate of 8% (compound) above the London Clearing Banks base minimum lending rate shall be payable on all overdue accounts. Charges may be made for dishonoured payments, by cheques or otherwise, at our discretion.

4. Application of Condition of Sale

   Unless otherwise agreed by the Company in writing, these Terms and Conditions shall apply to all orders placed with the Company. Any stipulation of conditions in the customer’s Order Form or written communications which would conflict with, qualify or negate any of these conditions shall be inapplicable unless expressly accepted and confirmed in writing by the Company, when or subsequent to accepting the customer’s order.

5. Quotations

   The supply of listed goods is subject to stock availability, price ruling at date of despatch and minimum delivery quantity.

6. Price List

   This list supersedes all previous lists and discounts. Any queries or disputes concerning prices must be notified in writing to the Company within 21 days of date of Invoice.

7. Delivery

   The Company reserves the right, subject to the customer’s special instruction, to choose the method of delivery. No specific date can be given in respect of goods to be delivered by outside carrier. No orders will be accepted for delivery of goods outside Great Britain. Upon request urgent orders will be despatched by the most appropriate means and only the excess carriage charged. The Company reserves the right to make delivery charges where appropriate.

8. Title of Goods

   Property in the goods shall remain the Company’s and shall not pass to the customer until the customer has paid the Company in full for the goods.
   Payments made by the Company for any goods supplied (whether under this or any other contract) by the Company for any goods supplied(whether under this or any other contract) by the Company shall notwithstanding any surported appropriation by the customer of anything in demand by the Company or in any statement of account between the Company and the customer of any other matter of thing whatsoever be appropriate first to the goods which have at the date of receipt by the company of the payment been disposed of by the customer and the Company shall likewise be and remain entitled to appropriate any balance after such appropriation of payment received to such other of the goods supplied to the customer as it shall in its absolute discretion determine.

9. Risk

   Where delivery is affected by the Company’s own van, risk will pass to the customer on delivery at the customer’s specified address. Where delivery is affected by outside carrier, risk will pass to the customer upon delivery of the goods by the Company to the carrier.

10. Acknowledgement of Receipt

    Goods must be examined on delivery, signed for and damage or loss noted and marked on the delivery note. If examination and delivery is not possible the delivery note must be marked “Unexamined” and signed.

11. Damage/Shortage of Goods on Delivery

    Company Van : Notification must be given to the driver in writing by endorsement of the delivery note accompanying the goods.

    Outside Carrier : Notification must be given to the carrier and the Company in writing within three days of delivery. The carton and packaging in which the damaged goods were delivered must be retained for the carriers inspection.

    In all cases : If any goods are considered to be out of condition, the Company must be informed immediately. A receipt must be produced for goods returned to the Company signed by outside carrier or the Company’s agent. No deduction may be made against the invoice except on specific authority from the Company.

    Loss of Goods in Transit: If goods are not received within 14 days of date of order, NON RECEIPT MUST BE REPORTED IN WRITING TO THE COMPANY IMMEDIATELY.

12. Pallets

    If the goods are supported on pallets which are not returned to the Company by the customer, then the Company reserves the right to charge the customer for them at the current replacement cost.

13. Liability

    In cases where goods have been despatched via carrier and risk has passed to the customer, any claim by the customer shall be subject to any limitation of liability or other condition contained in the carrier’s terms of carriage. Every assistance will be afforded by the Company to the customer to enable any claim to be made for damage or loss against the carrier. In cases where goods despatched by the Company’s van liability of the Company is limited to replacing out of condition, damaged or non delivered goods. Any express or implied condition statement or warranty, statutory or otherwise, as to qualify or correspondence with the description or sample of fitness or any purpose shall be excludes.

14. Force Majeure

    This Company shall not be liable for any failure to fulfil any terms of any transaction governed by these Conditions of Sale if fulfilment has been delayed hindered or prevented by any circumstances whatsoever which is not within its control.

15. V.A.T.

    All prices quoted are exclusive of V.A.T.

16. Ex-Cellars

    In addition to the Terms and Conditions above, the following points also apply to ex-cellars sales:

    Risk will pass to the customer at the supplier’s point of loading. The customer shall be liable for damages/shortages of goods in transit from the point of loading and no deduction may be made against the invoice except on specific authority from the Company. The customer shall be responsible for all arrangement and costs associated with shipping, documentation, agents fees, insurance and import licences.

    All ex-cellars prices quoted are exclusive of Common Customs Tax (CCT)

17. Prices

    Prices may be varied without notice, at any time.

18. Law

    Contracts for the sale of goods by Brands Solution Limited shall be subject to English Law an exclusive jurisdiction of the English Court.

19. Set-Off

    The Company shall be entitled to set-off and deduct from any amounts due or becoming due to the Company any amounts due to the Customer form and the Company or any subsidiary or associate Company whether under this agreement or otherwise.

Company Details

Trading address: 3 Worley Court Bolesworth Road, Tattenhall, Chester CH3 9HW

Registered Office: 31 Wellington Road, Nantwich, Cheshire. CW5 7ED. Company No: 06589116 VAT No: 935635406

Office Telephone No: 01829 771 704 Fax No: 01829 771 352