Terms & Conditions
TERMS & CONDITIONS OF SALE
1.1 The Brewery is Moncada Brewery Limited, Company Number 07302207 whose registered office address is 3rd Floor, North Dukes Court, 32 Duke Street, London SW1Y 6DF
1.2 The Customer is the person; firm or company purchasing Goods from the Brewery under an Order confirmed by the Brewery
1.3 An Order is a request for the supply of goods made by the Customer to The Brewery
1.4 The Product List is the Brewery’s list of goods as varied from time to time
1.5 Products are goods requested by a Customer under an Order confirmed by the Brewery
1.6 An Insolvency Event occurs if:
- the Customer is unable to pay its debts as they fall due; or
- the Customer is deemed unable to pay its debts within the meaning of s.123 of the Insolvency Act 1986; or
- the Customer proposes or enters into any compromise or arrangement in relation to sums owed to any of its creditors; or
- a petition is filed; a resolution passed or an order is made for the winding up of the Customer.
2.1 It is an offence for any person under the age of 18 to buy or attempt to buy intoxicating drinks. By making an Order the Customer warrants that the goods are ordered by a person aged 18 or over and for persons aged 18 or over.
2.2 All goods on the Product List are offered for sale:
- subject to availability; and
- subject to acceptance by the Brewery of any Order.
2.3 An Order will only be accepted if the Brewery has confirmed acceptance to the Customer. Orders from SIBA will be accepted by posting the same into the Brewery’s order processing software.
3.1 Whilst the Brewer will endeavour to supply goods ordered on or before any date stipulated for delivery all such dates are estimates only and time will not be of the essence unless the parties agree otherwise in writing. Any delay in delivery will not entitle the Customer to refuse to take delivery of and/or refuse to pay for Products ordered by the Customer.
3.2 All kegs; casks and other containers and associated materials are and remain the property of the Brewery unless agreed otherwise in writing.
3.3 The Customer shall make any and all such materials available for collection at such times as the Brewery shall reasonably request. If the Customer fails to do so the Customer will pay to the Brewery a price to replace any packaging materials not recovered.
4. ACCEPTANCE AND REJECTION
4.1 The Customer shall be deemed to accept all Products delivered unless the Customer:
- notifies the Brewery in writing not more than 3 business days after Delivery; and
- endorses upon the relevant delivery note all details of alleged defects or grounds for rejection; and
- retains the relevant Products and packaging materials for inspection.
4.2 The Brewery may at its discretion replace the rejected Products; issue a credit note or repay the price of any Products rejected. The Brewery will have no further liability to the Customer.
4.3 The Customer will pay for all Products wrongly rejected including all shipping costs incurred in relation to their delivery and return.
5. TITLE AND RISK
5.1 Risk shall pass to the Customer on Delivery but title shall not pass until the Brewery has been paid in full for any relevant Products.
5.2 If before title passes to the Customer an Insolvency Event occurs (and if such Products have not been resold) without prejudice to any other right or remedy the Brewery may have the Customer will deliver up such Products to the Brewery and if the Customer fails to do so forthwith upon request the Brewery is entitled to enter the premises upon which the relevant Products are stored to recover them.
6.1 Save as set out above all warranties, conditions and other terms implied by statute or the common law are excluded to the fullest extent permitted by law.
7.1 All prices are exclusive of VAT which must be paid at the prevailing rate applicable as at the time of delivery.
7.2 All prices are quoted net of the cost of delivery.
8.1 Unless previously agreed in writing, the Customer will pay all sums due to the Brewery in full and in cleared funds within 30 days of invoice. If payment is to be made by BACS or online transfer, the sums are to be paid to the following bank account:
A/C Name: Moncada Brewery Limited
A/C Number: 48078549
Sort Code: 60-13-33
8.2 Without prejudice to any other claims that the Brewery may have in the event of non-payment:
- The Customer agrees to pay interest on any sum overdue at the rate of 8% per annum above the Bank of England’s base rate with interest accruing daily until the outstanding sum is paid in full, and the Brewery may set off any amounts owed to it by the Customer against any amounts payable by it to the Customer.
9. LIMITATION OF LIABILITY
9.1 Nothing in these Terms shall limit or exclude either party’s liability for:
- death or personal injury resulting from negligence;
- fraud or fraudulent misrepresentation;
- any breach of s.12 of the Sale of Goods Act 1979; or
- any breach of s.2 of the Consumer Protection Act 1987.
9.2 Without prejudice to clause 9.1 the Brewery shall not be liable to the Customer whether in contract, tort (including negligence) or otherwise howsoever for any loss of profit, goodwill, business opportunity or any other consequential damage.
9.3 Without prejudice to clause 9.1 or clause 9.2 the Brewery’s liability to the Customer shall not exceed the value of the Products delivered under any relevant Order.
10.1 If any part of these Terms is held to be unenforceable all other provisions shall remain in force.
10.2 Any variation to or waiver of these Terms must be agreed in writing, and any failure by the Brewery to exercise any right under these Terms shall not preclude any future exercise of that right.
10.3 Any person not a party to an accepted Order shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of the agreement between the Brewery and the Customer.
10.4 These Terms comprise the entire agreement between the parties and replace any previous arrangement; agreement; terms and/or conditions asserted by either party.
10.5 Any dispute or claim arising from of or in connection with these Terms or any Order shall be governed by and construed in accordance with English law and resolved under the exclusive jurisdiction of the courts of England and Wales.