TERMS & CONDITIONS OF SALE
These Conditions apply to all sales of wine by Portal Wines and Spirits Ltd [PW&S Ltd] to any customer (a ‘Customer’) and apply in place of and prevail over any terms or conditions put forward by any Customer.
2. Wines & Prices
a. Subject to Condition 3 below and any other discounts that [‘PW&S’] may, in its sole discretion, agree with any customer, the price of all wine supplied by [‘PW&S’] to a Customer shall be as set out in [PW&S] price list in force at the date of the invoice for such wine.
b. All orders must be for full cases and a minimum of 4.5 litres (6 bottles of 750ml or equivalent) for Duty Delivery Paid [‘DDP’] prices. Any other specific order request most be pre agreed by [‘PW&S’] and might incurred in extra cost.
c. Availability. All products are sold subject to availability.
d. All ‘DDP’ prices include custom & excise duty and insurance costs but are exclusive of any applicable value added or any other sales tax.
e. ‘IBD’ prices can be quoted on request and include insurance costs but are exclusive of custom & excise duty and any applicable value added or any other sales tax.
f. We reserve the right to change any prices at any time due to; Producers price increase, Currency exchange rates, increase of carriage fees and any tax’s adjustments. However PW&S ensures that will always make all efforts to minimise all price increase and inform [‘the Customer’] right way in righting.
a. A collection discount of 40 pence per bottle on ‘DDP’ prices will apply to an order if a Customer agrees, at the time of making an order, to collect the wine from [‘PW&S’] account at ‘London City Bond, Barking’ warehouse.
b. A transfer discount of 30 pence per bottle on ‘IBD’ prices will apply to an order if a Customer agrees, at the time of making the order, that the wine be transferred to an area in ‘London City Bond Barking’ Customer account.
4. Terms of Payment
a. Usual Procedure
Other than as otherwise agreed in writing by [‘PW&S’] or as set out in Condition 4_ (b) below, [‘PW&S’] invoices are payable on delivery by the Customer of the wine which is the subject of such invoice.
b. * Credit Account Customers.
A Customer may, if it supplies a suitable bank reference, apply to [‘PW&S’] to become a credit account customer (a ‘Credit Account Customer’). [‘PW&S’] reserves the right to refuse any such application at its sole discretion, invoices issued to Credit Account Customers are payable within 30 days of the date of such invoice.
c. Any other extension on time of payment [an ‘Extension Time of Payment’] can be consider and most be pre agreed in writing by [‘PW&S’] and the Costumer before placing the order by the Costumer.
d. ‘Late Payment of Commercial Debts (Interest) Act 1998’. ‘Interest’ shall accrue at a rate of 2% above the base rate of [‘PW&S’] bank from time to time on any due but unpaid sums owed by a Customer to [‘PW&S’].
Any such interest shall accrue from the date of non-payment until payment is received by [‘PW&S’] and is payable to [‘PW&S’], together with all bank administration charges incurred by [‘PW&S’] as a result of any such late payment, on demand.
e. Unpaid Cheques: A charge of £15.00 +VAT will be applicable on any represented or unpaid cheques.
a. Free delivery for ‘DDP’ priced wine: minimum of 36 bottles of 750ml or equivalent of value of £450.00 ex VAT required to qualify. (Except Scotland & Inland, delivery price on request)
b. Free delivery for ‘IBD’ priced wine in a Costumer bonded warehouse: minimum of 120 bottles of 750ml or equivalent required to qualify. (Except Scotland & Inland, delivery price on request)
c. If an order is for less than the minimum quantity of wine required to qualify for free delivery as set out in Conditions 5a) and 5b) above, [‘PW&S’] shall add a delivery and insurance surcharge to the applicable invoice at its then current delivery/insurance surcharge rate (information on request).
Samples; 1st bottle is a free stock and further sample request will be charged at list price unless agreed. If any order is placed for wines sampled, a credit note will be issued for such sample.
7. Risk and Title
a. The risk in the wine shall pass to the Customer on delivery of such wine to the Customer.
b. Notwithstanding delivery and passing of risk, the legal property in and beneficial ownership of the wine shall remain with [‘PW&S’] until the Customer has paid all monies owed by it to [‘PW&S’].
c. The Customer grants[‘PW&S’] an irrevocable licence to enter at any time any vehicles or premises owned or occupied by it for the purpose of repossessing and removing any wine the property in which has remained in [‘PW&S’] under condition 7 _(b) above.
d. Until payment is made to [‘PW&S’] the Customer shall possess all wine as Bailee only and shall store such wine securely, safely and separately from the Customer’s own goods or those of any other person and in a manner which makes them readily identifiable as [PW&S Ltd]’s wine by reference to the relevant invoices supplied by [PW&S Ltd]
a. [PW&S Ltd] is not be liable to any Customer for defects in wine, shortfalls in quantity delivered, damage or loss in transit unless such Customer notifies [PW&S Ltd] in writing of such defects, shortfall, damage or loss no later than 2 days after delivery of such wine to the Customer.
b. [‘PW&S Ltd’] liability under conditions 7_ (a) and 8_ (a) shall be limited at making up any shortfall or refunding the price of any wine [at ‘PW&S’ option] found by [‘PW&S’] to be defective.
c. BREAKAGES. All goods must be examined at the time of delivery and claims for breakage’s will only be accepted if we are notified at the time of delivery and the damaged products and their packaging are returned for inspection and the loss or damage is noted at the time of delivery.
d. RETURN OF GOODS. Returns will not be accepted unless the goods were not ordered or they arrived damaged. In these cases the customer will be repaid by credit note after the goods have been returned. We shall not accept the return of goods that are price marked or disfigured or otherwise incapable of resale.
To comply with the Data Protection Act (2000) we are required to inform you that we have recorded your name and address on our computer for the sole purpose of sending you a catalogue and other information. Your name and address will not be given to third parties.
9. Data PROTECTION ACT
These conditions shall be governed by English law. All Customers, by placing an order with [PW&S Ltd], submit to the exclusive jurisdiction of the English courts in relation to the application and interpretation of these conditions.
10. Governing Law
“PW&S” Portal Wines and Spirits Ltd
“IBD” In Bond Delivery
“DDP” Duty Delivery Paid
Note 5: Minimum order 6 cases among the wine list to qualify for a free delivery, for any other arrangement please contact us.
Registered Office: 82, St John Street, London EC1M 4JN
Company No. 9524161.
Registered in England & Wales
VAT No. 216 6691 94