Terms & conditions
Q&A WINES LIMITED TERMS AND CONDITIONS OF SALE
1. DEFINITION
1.1 BUYER means the person/company who buys or agrees to buy the goods from the Seller.
1.2 SELLER means Q&A Wines Ltd, Mill Farm, Weston Bampfylde, Yeovil, Somerset BA22 7HY.
1.3 GOODS means the articles which the Buyer agrees to buy from the Seller.
2. CONDITIONS APPLICABLE
2.1 These conditions apply in preference to and supersede any terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the Seller and the Buyer with reference to the Goods to which this contract relates. Without prejudice to the generality of the foregoing, the Seller will not be bound by any standard or printed terms furnished by the Buyer in any of its documentation unless the Buyer specifically states in writing separately from such terms that it intends such terms to apply and the Seller acknowledges and accepts such terms in writing.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these conditions.
2.4 Any variation, waiver of or addition to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.
3. PRICE AND PAYMENT
The price shall be the price stipulated on the Sellers invoice.
4. DELIVERY
The Seller undertakes to use its best endeavours to dispatch the Goods on the delivery date but does not guarantee to do so. Time of delivery shall not be of the essence of the contract unless expressly so stipulated in writing by the Seller.
5. ACCEPTANCE OF GOODS
5.1 The Buyer shall be deemed to have accepted the Goods on delivery. All Goods must be examined at time of delivery and deficiencies recorded on the Delivery Note/Invoice prior to signature and notified to the Seller within 72 hours of delivery in default of which, the Seller does not accept any claim or responsibility for deficiencies.
5.2 Where the buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods unless it related to deficiencies on delivery providing the Buyer has complied with the time limits and procedure described in paragraph 5.1 above.
6. TITLE AND RISK
All risks shall pass to the Buyer upon delivery of the Goods.
7. WARRANTIES AND LIABILITIES
The seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller (except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms 1977 Section 12) all other warranties, conditions of terms relating to fitness for purpose, merchantability or condition or the Goods and whether implied by stature or common law or otherwise are excluded).
8. GOODS
The quantity and description of the Goods shall be set out in the Sellers invoice or delivery note. Vintage and case sizes are subject to alteration.
RETURNS/CANCELLATIONS
Goods will be accepted for return only with the prior written agreement of the Seller. Where goods have been supplied in good faith as per the Buyers order and subsequently accepted for return, the Seller retains the right to charge a handling/returns fee of 10%. Cancellation or orders for items that have specifically sourced for the Buyer but not yet delivered will not be accepted.
9. FORCE MAJURE
If delivery is delayed by strike, lock-out, fire, accidents, defective materials, delays in receipt of raw materials or bought in goods or components or any other cause beyond the reasonable control of the Seller, a reasonable extension of time shall be granted by the Buyer.
10. LAW
The contract shall be deemed to have been made in England and the parties to the contract hereby submit to the jurisdiction of the English Court. English Law shall be proper law of the contract.