Conditions of Sale

EXMOOR ALES LIMITED

  1. Accounts:

    (a) Unless the sale is for cash, or by other prior arrangement, accounts are due for payment by the 28th day of the month following the month of delivery.

    (b) In the event of payment not being received by the due date, we reserve the right to apply interest to all outstanding monies at the rate of 2% per calendar month.

    (c) All goods or materials supplied by us are to remain our property until we receive full payment for same. All such goods and materials are at the sole risk of the customer and in the event of them being lost, damaged or destroyed after delivery we are to be entitled to payment in full.

  2. Delivery:

    (a) Unless otherwise agreed all goods shall be delivered by us at your premises.

    (b) Whilst we will endeavour to adhere to any delivery date given to you, such delivery date is an estimate only and we shall be under no liability whatsoever for delay in delivery or the consequences thereof. We may at any time on notice to you suspend delivery, make partial delivery or determine the contract in each case without prejudice to the rights accrued in respect of deliveries already made.

  3. Risk:

    The risk In the goods shall pass to you on delivery.

  4. Vessels and Equipment:

    (a) Unless specifically included in the sale transaction, all casks and other containers shall remain our property and shall be kept safely by customers until collected by us or our authorised agents, or delivered to our premises.

    (b) All pumps, engines, stillages, lines, cellar Installations and other equipment supplied on loan shall remain our property unless paid for In full. Goods of the above nature supplied on loan shall be used exclusively for the service of our products and shall not form part of the sale of licensed or other premises.

  5. Liability:

    (a) Any product supplied by us will be replaced free of charge if (having been given the opportunity to inspect the product) we are satisfied that it was defective, and that notice of that defect is made within 21 days of delivery.

    (b) Each and every condition and warranty expressed or implied by any statute or common law are hereby expressly excluded. Our liability Is limited to (a) above, and we will not entertain claims for any other losses, however, caused.

  6. General:

    (a) Any order or purchase is deemed the subject of these conditions, whether the purchaser had knowledge of the conditions or not and shall prevail notwithstanding any printed or other conditions contained in any purchase, order or otherwise. Any person ordering or purchasing on behalf of a company, club or any other organisation is deemed a representative of that organisation and thus accepting these conditions.

    (b) Any variation of these conditions shall not be binding upon us unless in writing and signed by a director and any waiver by us of these conditions shall be without prejudice and shall not prevent their strict enforcement at any other time.

    (c) If any of these conditions or any part of one of these conditions is rendered void any legislation to which it is subject it shall be void to that extent and no further. If any of these conditions or any part of one of these conditions is rendered unenforceable by any legislation to which it is subject, it shall be unenforceable to the extent that it is not fair or reasonable to allow reliance upon it and no further.

    (d) These conditions shall be subject to, and construed in accordance with, English Law.

  1. Data Protection Act 1998

    We are required to inform you that information about you may be transferred to our financiers.
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