Terms and Conditions of Trade

These sales terms apply to all sales by Nethergate Brewery Co Ltd to the purchaser; they prevail over any other agreement and can only be altered in writing by Nethergate Brewery Co Ltd.

1. Prices
   1. Goods are supplied at the price ruling at the time of despatch.  Prices are subject to change without notice.  Price lists exclude VAT.
2. Payment
   1. Unless otherwise agreed, payment of invoices is due within 30 days.
   2. Should payments not be made when due, Nethergate Brewery may decide to terminate this contract, and/or suspend further deliveries and/or charge interest on unpaid amounts at 2% per month.
3. Delivery
   1. Delivery occurs when the goods have been delivered to the agreed address, or have been collected by the purchaser.
   2. The purchaser will inspect goods upon receipt and will inform Nethergate Brewery immediately of any damages, shortages or over-deliveries; otherwise the delivery note will be deemed to be conclusive evidence of receipt by the purchaser.  Should Nethergate Brewery and the purchaser have previously agreed that goods could be delivered in the purchaser’s absence then damages or shortages must be notified within 24 hours of delivery, with written confirmation within 3 days.
   3. Liability for defective goods is restricted to the cost of replacement.  Nethergate Brewery accepts no liabilities for consequential losses of any sort.
   4. Nethergate Brewery has the right to charge for delivery should the purchaser fail to arrange for acceptance of the goods.
   5. Delivery dates are estimates made in good faith and time for delivery shall not be of the essence. Nethergate Brewery shall not be liable for any damages resulting from late delivery.
   6. Nethergate Brewery shall be entitled to charge the purchaser the current replacement cost of any containers which are not returned by the purchaser, in an undamaged condition, as soon as possible after usage.
   7. Nethergate Brewery may levy a deposit charge for specified containers, which will be refunded when such containers are returned in good condition.
4. Risk and Title
   1. Risk in the goods passes to the purchaser at the time of delivery at the agreed address.
   2. Title to the goods remains with Nethergate Brewery until full settlement in cash or cleared funds has been received in respect of the goods. During this time the purchaser holds the goods as Nethergate Brewery fiduciary agent and bailee and shall keep the goods separate and insured as Nethergate Brewery property and Nethergate Brewery shall be entitled to recover the goods at any time from any location.
   3. Where title has not yet passed to the purchaser, proceeds from the sale of goods are held in trust for Nethergate Brewery in a separately identifiable manner.
5. Insolvency
   1. In the event of insolvency, bankruptcy, liquidation, administration, or similar event, Nethergate Brewery shall be entitled to suspend deliveries without liability to the purchaser and to recover any goods in transit and the cost of any delivered goods shall become immediately payable.
6. Resale of Goods
   1. Any offer by the purchaser to resell goods must be in accordance with Nethergate Brewery instructions and all goods so sold must be in the same state and packaging as when supplied by Nethergate Brewery.
   2. The purchaser shall indemnify Nethergate Brewery for any liability incurred in respect of any breach of this clause
7. Dispense Equipment
   1. Any dispense equipment supplied to the purchaser by Nethergate Brewery remains the property of Nethergate Brewery and shall be returnable to Nethergate Brewery on request
   2. Such equipment shall be used solely for the dispense of products supplied directly to the purchaser by Nethergate Brewery.
   3. The purchaser shall pay Nethergate Brewery such sum as is agreed for use of the equipment.
   4. The purchaser will allow Nethergate Brewery access for maintenance of the equipment at reasonable times and grants an irrevocable license to Nethergate Brewery to enter any premises to repossess the equipment.
   5. The purchaser undertakes to provide reasonable details of outlets supplied where Nethergate Brewery product has been wholesaled so that Nethergate Brewery can undertake quality checks.
8. Exports
   1. The purchaser shall be responsible for complying with all regulations governing the import of goods and payment of duties.
   2. The purchaser must notify Nethergate Brewery of any requirements relating to labelling, packaging and other legal requirement, otherwise goods will be supplied as specified by Nethergate Brewery.
   3. Unless otherwise agreed, the risk of loss or damage will pass to the purchaser when Nethergate Brewery notifies them that goods have been delivered to or collected by the carrier and the purchaser in addition to the price of goods shall pay all transport and insurance costs.
   4. The purchaser will supply Nethergate Brewery with evidence to substantiate any goods being despatched without charging UK tax or duty. The purchaser accepts liability if this evidence is not forthcoming.
   5. No exclusivity is warranted for any particular market unless there is a written agreement between Nethergate Brewery and the purchaser to this effect.
   6. All payments will be in pounds sterling.
9. Termination
   1. Nethergate Brewery has the right to terminate this contract immediately should there be any material breach of its conditions, or on 30 days prior written notice for any other reason.
10. Jurisdiction
    1. This contract shall be governed exclusively by the law of England and Wales and the English courts shall have sole jurisdiction.