Definitions

Buyer: The person, firm or company who purchases the Goods from the Company.

Company:   Otter Brewery Ltd (Company Number: 03687964)

Prices

All prices are quoted exclusive of VAT.  Unless otherwise agreed by the Company in writing, the price for the goods shall be the price set out in the Company’s price list published on the date of delivery or deemed delivery.  All prices quoted are subject to currency, duty and market fluctuations and are quoted subject to availability.

Payment

For account customers, payment is strictly 30 days from date of invoice.  For all non-account customers, payment is strictly cash with order. Time for payment shall be of the essence. No payment shall be deemed to be received until the Company has received cleared funds.  If the Buyer fails to pay the Company in accordance with these terms, the Buyer shall be liable to pay interest to the Company on such outstanding sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of NatWest plc, accruing on a daily basis until payment is made, whether before or after any judgement.

The Late Payment of Commercial Debts (Interest) Act 1998 incorporating the Late Payment of Commercial Debts Regulations 2002

Customers will please note that we understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed credit terms.

Title

The title in the Goods will be retained by the Company, until a) the Goods are paid for in full in cleared funds and b) no sums whatever shall be due from the buyer to the Company from delivery. Until title in the Goods passes to the buyer as mentioned in this condition the buyer shall; hold the Goods, and the proceeds of the same Goods, in a fiduciary capacity “as Baillie” for the Company, store the Goods (at no cost to the Company) separately from all other Goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property, not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; maintain the Goods in a satisfactory condition; and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company. You hereby grant the Company or its agents an irrevocable right to enter your premises in order to retrieve the Goods in the event of non-payment.  By signing these terms & conditions of business, the signor confirms that he/she accepts personal liability for the value of the Goods in the event that the buyer’s business enters into an insolvency procedure.

Claims

For breakages or short delivery, notification must be given to ourselves and our carriers, in writing, within three working days of receipt of goods if claims are to be considered.  Damaged packages or faulty Goods should be retained for inspection by ourselves or our carriers.  Claims will only be considered on production of a valid, signed delivery note. 

General Data Protection Act, 2018

To comply with the above Act, we are required to inform you that we have recorded your name and address on our systems for the sole purpose of sending you our correspondence.  Your details will not be given to third parties.  Please let us know if you object to us keeping this information.

These terms are in addition to others that may have been agreed between the parties and in particular, any personal guarantee.  The Buyer agrees that each of the terms and conditions contained in this Contract are reasonable and are necessary for the protection of the Company’s business.  However, each provision of this Contract is independent and severable and if any of them should be found by a Court of Law to be unenforceable or ineffective for whatever reason that shall not affect the validity of the separate terms and conditions.

If any terms and conditions would become valid if any wording was deleted then the terms and conditions will be deemed to be applicable with such deletions and will apply as so as amended as to make the same enforceable.