GENERAL
This list supersedes all previous
lists with immediate effect, and unless and until superseded by
any new Terms of Trading of ours constitutes the only terms on
which we are prepared to contract with the Buyer. All wines are
listed subject to availability and we reserve the right at our
discretion to decline to accept any order.
PRICES
Prices are duty paid and delivered unless stated otherwise (see
“Delivery”). They may be altered without prior notification,
subject to market, exchange rate and duty fluctuations.
DELIVERY
Mainland deliveries outside our local delivery area to one address.
Up to 23 bottles – £7.50 excluding VAT (£8.81
including VAT). 24 bottles or more – free of charge.
GLASS
LOAN
Glasses are loaned free of charge with an appropriate order although
Nethergate reserves the right to make a charge. Glasses will be
invoiced to the Customer and then credited when returned clean.
Breakages and missing glasses will be charged at £1.00 excluding
VAT (£1.18 including VAT) per glass.
VAT
For the “bottle” price the VAT inclusive price is
shown in brackets. VAT is charged at the prevailing rate.
PAYMENT
Payment with order. For agreed credit accounts only payment to
be received by the 20th of the month following invoice. The right
is reserved to charge interest calculated at a minimum rate of
4% above Lloyd’s TSB base rate on all sums outstanding for
the period between the Settlement Date and the date on which payment
in full is actually received, without prejudice to our rights
to pursue such outstanding sums at any time after the Settlement
date. A charge of £3.00 will be made for each cheque unpaid
by the customer’s bank. In the case of cheques returned
marked “Please re-present” the charge will be made
for each time the cheque is returned.
PROPERTY
AND RISK
Notwithstanding the following retention of title provisions, all
goods sold shall be at the Buyer’s risk from the moment
of delivery to the Buyer or its agents. No title to or property
in the goods sold shall pass to the Buyer until we have received
full and unconditional payment of all sums owing to us by the
Buyer on all accounts whatsoever. Until the property in the goods
passes to the Buyer, it will hold the goods as our Bailee and
keep them safe and store them separately so that the goods can
be recognised as our property and will forthwith upon request
deliver the goods back to us, or allow us unrestricted access
to any premises in which the goods are being held for any purpose
(including the removal of the goods). The Buyer may resell the
goods (but only in the ordinary course of business) notwithstanding
that at the time of resale the goods remain our property by virtue
of the foregoing provisions provided that the Buyer as Fiduciary
shall account to us for the proceeds of such resale to the intent
that those proceeds (or so much of them as shall be equal to the
total of all sums due to us on all accounts whatsoever) shall
be held by the Buyer to the credit of its account with us. Nothing
in any of the foregoing provisions will appoint or be taken as
evidence of the appointment of the Buyer as our agent nor entitle
the Buyer to return the goods or to refuse or postpone payment
of the agreed price of the goods.
CLAIMS
Claims for loss or breakage to be notified to ourselves and to
our carriers in writing within three days of receipt of goods.
Claims for non-delivery to be advised to us in writing two weeks
after date of ordering. We regret that we cannot accept any claim
not observing the above conditions.
DATA
PROTECTION ACT
To comply with the Data Protection Act 1984 we are required to
inform you that on our computer we have stored your name and address
for the purpose of sending you mailings and recording our financial
transactions with you.
ERRORS
AND OMISSIONS EXCEPTED
This list has been compiled with great care. However, if any mistakes
have been made in any material facts we reserve the right to correct
them without prior or further notice.