Terms & Conditions

1. DEFINITIONS

“The Company” means DENNHOFER WINES LTD.

“The Purchaser” means the person, firm or company whose order for the Goods is accepted by the Company.

“The Goods” means the beverages, food or other produce to be supplied by the Company to the Purchaser under this agreement.

“Delivery” means the completion of transportation of the Goods by the Company or its agents to the premises specified by the Purchaser in the Purchaser’s order, prior to the commencement of off-loading of the Goods.

2. PRICE

The prices quoted in the company’s price list from time to time are subject to alteration without notice. The cost of delivery to the Purchaser’s premises in the North-East of England is included in the price. All prices quoted are exclusive of Value Added Tax.

3. RESALE

The Purchaser may resell the Goods only in or from the bottles in which it is supplied by the Company and the Purchaser shall not alter the labelling or other packaging of the Goods itself in any way.

4. DELIVERY

Delivery date is not guaranteed and time is not to be deemed to be of the essence of the Contract and DENNHOFER WINES LTD shall in no case be liable for any delay in delivery howsoever caused. Delay in delivery shall not be sufficient cause for cancellation by the Purchaser unless a notice thereof is given in writing to DENNHOFER WINES LTD, such notice to be served by DENNHOFER WINES LTD’s Head Office not less than fourteen days after due date for delivery. When deliveries of Goods by DENNHOFERWINES LTD are effected by outside contractors, risk of loss or damage of the Goods or liability for the duty if any, shall pass the Purchaser when the Goods are delivered to the premises of either the Purchaser or his agent or his carrier. In respect of any goods which have been received by the Purchaser but which are in a damaged condition or if any quantity received is less than the quantity advised by DENNHOFER WINES LTD in their order or otherwise the Purchaser shall give notice to DENNHOFER WINES LTD of the relevant facts within two days of receipt. If such notice is not given, DENNHOFER WINES LTD, will not be liable to the Purchaser in respect of short delivery or damaged Goods.

5. PAYMENT

The Purchaser shall make payment in full when placing an order for the Goods, unless credit facilities have been agreed between the Purchaser and the Company. In order to obtain credit facilities, the Purchaser must provide a bankers reference and the names and addresses of two trade suppliers as referees. In the event of credit being agreed by the company, the Purchaser must make payment in full within 30 days of the invoice date. If the Purchaser fails to make payment in accordance with the terms, the Company shall be entitled to charge interest on the total sums overdue from the Purchaser to the Company at the rate of 8% above the base rate of the Bank of England from time to time in force payable on demand in accordance with terms and provisions of The Late Payment of Commercial Debts (Interest) Act 1988. In the event of any cheque being issued by or on behalf of the Purchaser being returned by the payer’s bank, for whatever reason, the Company shall be entitled to charge and be paid in addition to the interest referred to above, an administration fee of £30.00 for every such returned or dishonoured cheque together with any bank charge incurred by the Company in connection therewith.

If the Purchaser defaults upon payment in accordance with these terms and conditions, the Company shall be entitled to charge and be paid by the Purchaser all legal and debt collection fees and expenses incurred following such default which shall be payable upon demand to the Company.

6. TITLE

Title to the Goods will remain with the Company and shall not pass to the Purchaser until such time as the Company has received payment in full of all amounts outstanding from the Purchaser to the Company. While the title remains with Company, the Company shall have the right to retake possession of the Goods. Until title to the Goods passes, the Purchaser agrees that if so required by the Company, the Purchaser will store the Goods in such a manner as may be prescribed by the Company and hereby the Company to enter upon any premises in which the Goods may be stored for the purpose of exercising its right to retake possession of the Goods. In the event that the Purchaser resells or otherwise disposes of all or any quantity of the Goods before the Company has received payment in full, the Purchaser will hold in trust for the Company all the Purchasers’ rights and account to the Company for all monies and other consideration received by the Purchaser in respect of such resale or other disposal.

7. RISK

Risk in the Goods shall pass to the Purchaser upon Delivery.

8. CLAIMS

The Goods shall be examined by the Purchaser at the time of Delivery and any loss or damage to the Goods should be notified on any delivery document signed by the Purchaser. The Company accept no liability for loss of or damage to the Goods in transit unless the Purchaser:

a. At the time of Delivery examines the Goods and,
b. Retains for inspection all packaging and,
c. Endorses any delivery document with details of any loss or damage and,
d. Advises both the Company and any agent of the Company involved in Delivery of any claim for any loss or damage in writing within two days of Delivery.

Non delivery of the Goods must be notified to the Company in writing within 2 days of the date of invoice.

9. FORCE MAJEURE

The Company will accept no liability for any loss or damage resulting from any failure or delay in Delivery as a result of circumstances beyond the reasonable control of the Company.

10. THIRD PARTY LIABILITY

The Company shall be under no liability in respect of any damage or loss to third parties caused directly or indirectly by the Goods and the Purchaser shall at all time indemnify the Company against any such loss or damage.

11. INSOLVENCY

If a receiver or manager shall be appointed over any assets of the Purchaser or the Purchaser enters into any voluntary arrangement or composition with the Purchaser’s creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (other than voluntary liquidation for the purpose of amalgamation or reconstruction) or any of its creditors applies or is entitled to apply for it to be wound up by a court then in any such event the Company shall be entitled at its discretion wholly or partially to cancel this or any other contract for the supply of the Goods to the Purchaser or to suspend or cancel deliveries.

12. TERMS

The Company will only accept orders from the Purchaser on a basis of these Terms and Conditions of Sale. Any Terms and Conditions of Sale which the Purchaser may purport to impose shall form no part of the contract between the Company and the Purchaser. These Terms and Conditions may not be varied other than in writing by the Company.

13. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with English Law.