Terms & Conditions
These sales terms apply to all sales by Cask International Ltd to the purchaser, they prevail any other agreement and can only be altered in writing by Cask International Ltd.
1.1 Good are supplied at the price ruling at the time of dispatch. Prices are subject to change without notice. Price lists exclude VAT.
2.1 Unless otherwise agreed, payment of invoices is due within the terms agreed as per invoice per shipment and shall be made by direct debit or BACS. CASK INT may at any time at its discretion withdraw
credit facilities and/or require the buyer to make payment or to provide additional security for payment.
2.2 Should payments not be made when due, CASK INT may decide to terminate this contract, and/or suspend further deliveries and/or charge interest on unpaid amounts at 2% per month.
2.3 In the event of any cheque, direct debit, standing order or other payment being dishonored a charge of £20 (or such other sum as CASK INT may from time to time advise the purchaser) will be made on the purchaser’s account to cover bank and administrative costs.
2.4 If the purchaser fails to make payment on the due date, without prejudice to any of CASK INT's other rights CASK INT may appropriate any payment made by the purchaser to such goods supplied under any other contract with the purchaser as CASK INT may in its sole discretion think fit and whether or not the purchaser purports to appropriate the payment.
3.1 Delivery occurs when the goods have been delivered to the agreed address, or have been collected by the purchaser.
3.2 The purchaser will inspect goods upon receipt and will inform CASK INT immediately of any damage, shortage or over-delivery, otherwise the delivery note will be deemed to be conclusive evidence of receipt by the purchaser. Should CASK INT and the purchaser have previously agreed that goods could be delivered in the purchaser’s absence then any damage, shortage or over-delivery must be notified within 24 hours of delivery, with written confirmation within 3 days.
3.3 Liability for defective goods is restricted to the cost of replacement. CASK INT accepts no liabilities for consequential losses of any sort.
3.4 CASK INT has the right to charge for delivery should the purchaser fail to arrange for acceptance of the goods.
3.5 Delivery dates are estimates made in good faith and time for delivery shall not be of the essence. CASK INT shall not be liable for any damages resulting from late delivery.
3.6 CASK INT shall be entitled to charge the purchaser the current replacement cost of any containers which are not returned by the purchaser, in an undamaged condition, as soon as possible after usage.
3.7 CASK INT may levy a deposit charge for specified containers, which will be refunded when such containers are returned in good condition.
3.8 CASK INT will deliver according to agreed minimum quantity as specified in either quantity or financial amount.
4) Risk and Title
4.1 Risk in the goods passes to the purchaser at the time of delivery at the agreed address.
4.2 Full legal and equitable title to the goods remains with CASK INT until full payment has been received in respect of both the goods and all other amounts which are due from the purchaser to CASK INT. CASK INT shall be entitled to recover the goods at any time from any location and may for that purpose enter upon any premises occupied by the purchaser or to which the purchaser has access in which CASK INT believes that the goods are situated.
5.1 In the event of the purchaser’s insolvency, bankruptcy, liquidation, administration, voluntary arrangement or similar event, the purchaser will not be entitled to sell any of the goods which it has purchased from CASK INT to which term 4 above applies and CASK INT shall be entitled to suspend deliveries without liability to the purchaser and to recover any goods in transit and the cost of any delivered goods shall become immediately payable.
6) Resale of Goods
6.1 Any resale of goods by the purchaser must be in accordance with CASK INT instructions and all goods so sold must be in the same state and packaging as
when supplied by CASK INT.
6.2 The purchaser shall indemnify CASK INT for any liability incurred in respect of any breach of this clause.
7.1 The contract of sale and delivery is governed by the ‘Incoterms’ 2010 of the International Chamber of Commerce which are in force as of the date that the contract is made. Unless specifically agreed otherwise, all goods are supplied ex works and all risk and liability pass to the buyer at the point of collection. The purchaser in addition to the price of goods shall pay all transport and insurance costs.
7.2 The purchaser shall be responsible for complying with all regulations governing the import of goods and payment of duties for goods purchased from CASK INT for export to another country including any country through which they have to be taken to reach their destination (“the other countries”).
7.3 The purchaser must notify CASK INT of any requirements relating to labelling, packaging and other legal requirement of the other countries, otherwise goods will be supplied as specified by CaASK INT.
7.4 The purchaser will supply CASK INT with evidence to substantiate the justification for any goods being despatched without charging UK tax or duty. The purchaser accepts liability if this evidence is not forthcoming and indemnifies CASK INT for any tax, duty, interest or penalties which may be levied on CASK INT which have not been included in the price of the goods charged to the purchaser.
7.5 No exclusivity is warranted for any particular market unless there is a written agreement between CASK INT and the purchaser to this effect.
7.6 All payments will be in pounds sterling, unless otherwise agreed.
7.7 No form of market or area exclusivity is warranted or implied by the supply of goods unless separate written agreement has been received.
8.1 CASK INT has the right to terminate this contract immediately should there be any material breach of its conditions, or on 30 days prior written notice for any
9) CASK INT Europe Sales Partner brands
9.1 CASK INT have producer agreements with partner brands handled exclusively by them in agreed territories. Such brands remain under the control of CASK INT to ensure non-direct purchase of brands unless otherwise agreed by CASK INT. Distribution agreements can be sought and put in place for further security.
10.1 This contract shall be governed exclusively by the law of England and Wales and the English courts shall have sole jurisdiction.