Terms and Conditions of Sale
“The Company” means Blush Gin Limited trading as “Blush Gin Limited”. “The Customer” means the person, company or entity to whome the goods are supplied. “Order” means a written or verbal order for supply made by a Customer to the Company. ”The Purchase Price” means the total price required by the Company for the supply of goods pursuant to the Order.
(a) These Terms and Conditions of Sale (“Terms”) shall apply to and determine the supply by the Company to the Customer of all goods as described in the Schedule (“goods”). Should there be any conflict between these conditions and the terms of any Order or any price list, invoice or delivery docket issued by the Company, these conditions shall prevail.
(b) These conditions may only be varied in writing signed by a duly authorised signatory of the Company and no other employee, agent or representative of the Company shall have any authority to amend, modify or add to these conditions.
(c) The Company reserves the right at any time or from time to time, to amend, vary or add to these conditions with effect from the date of notification to the Customer.
(d) Receipt of an Order from the Customer by the Company will be deemed acceptance of these Terms.
3. Payment Terms
Terms of payment are net cash by the 20th day of the month following the month in which goods are dispatched by the Company to the Customer unless the Company shall otherwise specify to the Customer at the time of Order. Should the Customer fail to pay for the goods by the due date then:
(a) The Company may require the Customer to pay compensation by way of interest on the amount due from the due date until the date of payment at a rate equal to 3% per month.
(b) The Customer shall pay all costs and expenses (including legal costs) which may be incurred in the recovery or attempted recovery of the overdue amount from the Customer.
(c) The Company may at its discretion apply any payments it receives from the Customer in and towards the satisfaction of any indebtedness of the Customer and it shall not be bound by any conditions or qualifications that the Customer may make in relation to payments.
4. Delivery and Returns
(a) Delivery will be at the cost of the Customer to the delivery address of the Customer unless specifically directed otherwise. The Company shall not be liable for any delay in delivery or for non delivery for any reason whatsoever and may at its own discretion decline to supply.
(B) The Customer must have a current valid liquor licence, at any time the company Blush Gin Limited may ask for a copy of this and may at its own discretion decline to supply.
(C) All claims for damaged or defective goods must be made within 24 hours of delivery. Subject to the Company being satisfied the claim is valid, the liability of the Company shall be as set out in clause 5 and the Company shall be at liberty to issue a credit note where clause 5 (b) or 5 (c) is applied.
5. Limitation of Liability
Nothing in these Terms limits any rights the Customer has under the Consumer Guarantees Act 1993 (“the Act”). Except for those warranties that cannot be excluded by virtue of the Act, all statutory or implied conditions and warranties are excluded to the fullest extent permitted by law. To the extent permitted by law, liability of the Company under any condition or warranty which cannot legally be excluded is limited to:
(a) Replacement of the goods; or
(b) The purchase price; or
(c) The cost of replacement.
6. Risk and Title
(a) All risk of any loss or damage or deterioration in respect of the goods shall pass to the Customer upon delivery to the Customer however ownership remains with the Company until the Purchase Price has been paid.
(b) The Customer grants a security interest over all present and after acquired goods supplied by the Company and their proceeds as security for payment of the purchase price of those goods.
The Company may take possession of the goods where any event of default as defined in clause 8 occurs or the goods are at risk (as defined in section 109 of the PPSA) and for that purpose it shall have the irrevocable right or licence by its agents, servants and employees to enter the premises of the Customer or any other premises where the goods are situated without being liable in any way to the Customer, and the Customer shall indemnify the Company upon demand for all claims by any third party for any losses resulting from the Company effecting repossession.
(a) The Company shall be entitled to suspend or cancel all or any part of this agreement with the Customer, in addition to all other remedies, upon the happening of any of the following events of default:
(i) if any amount payable by the Customer to the Company is overdue;
(ii) if the Customer is in breach of any term of this agreement;
(iii) if the Customer becomes insolvent;
(iv) if a receiver is appointed in respect of the assets of the Customer;
(v) if the Customer ceases or threatens to cease business
(vi) application is made for the liquidation of the Customer
(b) If this agreement is cancelled all sums owing by the Customer shall become immediately due and payable
9. Personal Property Securities Act 1999
(a) These Terms constitute a security agreement for the purpose of Section 36 of the Personal Property Securities Act 1999.
(b) Pursuant to this security agreement the Customer grants a security interest in all its present and after acquired goods supplied by the Company and the proceeds of sale pursuant the Personal Property Securities Act 1999.
(c) The Company may register a financing statement in respect of any such security interest on the Personal Property Securities Register.
(d) The Customer waives their right to receive a copy of the verification statement confirming registration of a financing statement.
10. Schedule of Goods
Spirits, and any other product, item or services supplied by the Company to the Customer and the proceeds of sale thereof.