SWIG WINES LTD. - TERMS AND CONDITIONS

1. Prices: the prices are marked alongside each item whether they are inclusive or exclusive of VAT. An item’s duty paid or under bond status is marked alongside a wine. Duty paid wines include duty & VAT. Under bond wines do not include duty or vat.

2. Prices are subject to alteration without prior notice.

3. Minimum Order: there is no minimum order. The minimum order for free delivery is 12 bottles which may be mixed or £75 if the order is less than 12 bottles.

4. Standard delivery terms: For next day delivery, confirmed order details must be received by 11.30am the day before. Swig Wines Ltd will not be held responsible for delivery failures beyond our reasonable control.

5. Any indication as to when wines will be available for delivery or collection is an estimate only and is not intended to be binding.

6. Payment terms: Payment is due with order. Credit terms are occasionally extended to trade buyers. In this case payment is due in full by the end of the month following the month in which the goods are delivered. We reserve the right to withdraw credit facilities on overdue accounts and charge interest daily at the rate of 1.5% per month on outstanding amounts.

6. Breakages: All goods should be examined at the time of delivery. Please notify us of any discrepancies, shortages or damage within 48 hours of delivery. Damaged bottles and packaging should be kept for inspection please.

7. We do not accept l liability for the condition of the wine in the bottle. With older wines it is quite normal to find that individual bottles can mature, improve, and decline in taste at different times.

8. Force Majeure: We shall not be liable for any failure to meet our obligations occasioned by circumstances beyond our reasonable control.

9. E & OE

9. RETENTION OF TITLE

9.1.1 The Goods shall be at the Buyers risk as from delivery.
9.1.2 In spite of delivery having been made, property in the Goods shall not pass from the Seller until:

9.2.1 The Buyer shall have paid the Price plus VAT in full; and
9.2.2 No other sums whatever shall be due from the buyer to the Seller.

9.3 Until property in the Goods passes to the Buyer in accordance with clause (0.2) the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Sellers property.

9.4 Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyers business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Sellers property by the Buyer on the Buyers own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Sellers money.

9.5 The Seller shall be entitled to recover the Price (plus VAT) notwithstanding that property in any of the Goods has not passed from the Seller.

9.6 Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence of resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned, occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the buyer under clause (0.4) shall cease.

9.7 The buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller, if the Buyer does so all sums whatever owing by the Buyer for the Seller shall forthwith become due and payable.

9.8 The Buyer shall insure and keep insured the Goods to the full Price against ‘all risks’ to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

9.9 The Buyer shall promptly deliver the prescribed particulars of this contract to the Registrar in accordance with the Companies Act 1985 Part XII as amended. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

10. Insolvency: If the customer makes any voluntary arrangement with his creditors or becomes subject to administration order or becomes bankrupt or goes into liquidation, or an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the customer or the customer ceases or threatens to cease to carry on business, or Swig Wines Ltd, reasonably apprehends that any of the above are about to happen, the invoice shall without prejudice to any rights in respect of any antecedent breach and if the goods have been delivered but not paid for the price shall immediately become due and payable.

11. New Account: Credit accounts opened upon receipt of one bank and two trade references. Until such time as the property in goods passes to the customer (and provided the goods have not been sold) the supplier shall be entitled to at any time require the customer to deliver up the goods to the supplier or their agents, and if the customer fails to do so forthwith, to enter upon any premises of the customer or any third party where the goods are stored and repossess the goods.

12. Data Protection Act 1984. To comply with the Data Protection Act 1984, we are required to inform you that we have recorded your name and address on our computer for the sole purpose of sending you a catalogue and other information.

SWiG Wines limited, reg. # 05982489
188 Sutton Court Road London W4 3HR
Tel 020 8995 7060