Crossed Anchors Brewing - Terms of Business
Orders for beers and ales are subject to the following Terms and Conditions between Crossed Anchors Brewing Company ("the Company") and Customers (“the Customer”).
Ordering and Delivery
1. Minimum order sizes:
a. 1x 9 gallon firkin in East Devon/Exeter
b. 2x 9 gallon firkins in the rest of Devon, Somerset, Avon & Dorset (this is the extent of the Company’s current delivery zone).
2. All prices are exclusive of VAT and include delivery - prices quoted are subject to raw materials and duty increases from time to time. The Company will endeavour to promptly inform Customers of these increases at all times, however this may not always be possible.
3. All products are delivered and offered subject to availability.
4. Pump clips are provided and remain the property of the Company at all times.
5. Casks are vessels for the supply of beer, not specific measures. All casks remain the property of the Company. Any casks delivered by the Company must be collected by the Company unless otherwise agreed. If casks are not returned within a reasonable time or are lost, then the Customer will be charged for the cask.
6. All goods remain the property of the Company until paid in full. In the event of sale of the goods by the Customer prior to payment, the Customer shall hold the proceeds of the sale as the trustees for the Company in such a way as to be identifiable as the property of the Company. Where it is not possible to identify the specific goods then the Company reserves the right to claim for all monies outstanding.
7. Goods are not supplied on a ‘sale or return’ basis unless an agreement has been made in writing prior to delivery and may attract a 5% return fee.
8. Payment for goods is due on delivery by cash or cheque (unless a credit account has been established or other arrangements have been agreed).
9. Any cheques or direct debits returned by the bank or building society will incur a charge of £25.00 with a subsequent charge of £15.00 per representation.
10. The Company reserves the right to charge interest of 4% per month on any overdue debt, or any debt over 35 days old unless covered by agreed credit terms.
11. The Company may terminate this contract or suspend further deliveries under this contract (without notice or any liability to the Customer) if the Customer become unable to pay their debts as they fall due, or any steps being taken with a view to appointing an administrator or similar, in respect of debts unsettled.
12. If the Customer ceases to trade with the Company, any outstanding accounts become due immediately. Failure to pay the outstanding balance will result in interest and any charges associated with recovery of any balance being paid by the Customer. Any invoices not settled within the Company’s payment terms may be referred to a Debt Recovery Agents, and will be subject to a surcharge of 15% plus VAT in lieu of the Company’s recovery charges.
13. Opening a customer account and agreeing credit terms with the Company are subject to suitable references and ongoing review where appropriate. The Company may take searches against the Customer, the applicant entity and (as appropriate) each of the principals, officers, partners or members of the applicant entity (together “Principals”) at credit reference agencies who will supply us with credit information for use in the assessment of the Customer’s credit application. The Company may also seek bank references from the Customer’s nominated bank(s). If the Customer requires a credit account, the Customer consents to such searches being carried out, the applicant entity and each Principal and to the Company holding copies of such information for the purposes mentioned above. Accounts become payable in full on the day in which the Customer´s premises are sold, ownership or control is otherwise transferred or the Customer enters into any agreements with their creditors.
14. Contact the Company directly to enquire about opening an account
15. The Company must be informed upon discovery of a problem with a cask within 7 calendar days of delivery. When reporting a problem please quote:
a. Cask size and cask number
b. Type of beer
c. Gyle number
d. Best Before date
e. Nature of problem
16. Arrangements will then be made to collect the ullage from the Customer as soon as possible.
17. A receipt for the ullage will be issued by the Company who will then dip the cask and note the volume in the ullage book, obtaining a signature and leaving a copy for the Customer.
18. The Company driver is not normally able to collect ullage without prior notice, due to vehicle loading.
19. Ullage credit notes are at the discretion of the Company and HM Customs and Excise.
20. Repayment for ullage where given can only be made on the measure of the cask contents. The Company reserves the right not to issue a credit note for more than 3 gallons missing. Contents of the ullage cask must be the same as originally supplied. Credits for ullage will only be made subject to these procedures.
21. In the case of packaged products, all goods must be examined on delivery and claims or breakages, or loss, must be notified at the point of delivery.
22. The Company will not accept responsibility for any breakages, or loss, after the goods have been signed for.
23. The Company shall not be liable to pay any compensation to the Customer, other than any credit note as provided above. In particular, but without limitation, the Company shall not be liable to the Customer for loss of profit, damage to goodwill or any indirect or consequent loss or damage arising out of any damage, defect, negligence or other failing on the Company’s part. Nothing in these terms shall limit any rights the Customer may have which are not capable of being lawfully excluded or limited, nor shall it exclude or restrict the Company’s liability to the Customer for any death or personal injury resulting from the Company’s negligence.
Third Party Contracts
24. By purchasing from the Company the Customer agrees that the Customer is not breaching any third party tie. The website (www.crossedanchors.co.uk) or other marketing materials produced by the Company is not intended as an inducement to breach any contract, which may exist between a tenant & their landlord to purchase beers or any other products. The Company treat the Customer placing an order with the Company as the Customer’s confirmation that there is no such tie.
25. No permission is given by the Company in respect of the reproduction or use for commercial or detrimental purposes of any brand names, product names, designs and other material shown on or connected with the Company’s website in which intellectual property rights exist.
26. Where the Company hold the Customer’s contact details, the Company will use them only for contacting the Customer in connection with any order the Customer has placed, or to inform the Customer of new products, special offers, forthcoming events and the like. The Company will never sell or pass Customer details on to other companies. If you wish to be removed from the Company’s database, please email firstname.lastname@example.org
27. These terms shall be governed by and construed in accordance with English law and all parties shall submit to the exclusive jurisdiction of the English courts. If you have any queries or complaints please email email@example.com
By signing for a delivery from Crossed Anchors Brewing Company, the Customer is deemed to have accepted the Terms and Conditions of sale.