Ownership
All goods remain the property of SMOUSE & MARCHAND LIMITED t/a DREYFUS ASHBY until payment in full has been received for the wine and any other sums owed to SMOUSE & MARCHAND LIMITED t/a DREYFUS ASHBY.
Until title passes, the customer will hold the wine as trustees for SMOUSE & MARCHAND LIMITED t/a DREYFUS ASHBY. The wine is to be stored securely and is to be easily identifiable as wine supplied by SMOUSE & MARCHAND LIMITED t/a DREYFUS ASHBY.
Lien
In circumstances where SMOUSE & MARCHAND LIMITED t/a DREYFUS ASHBY holds wine on behalf of the customer, the company shall have a right of lien on such wine for any debts, claims and liabilities whatsoever for which you may from time to time be liable to the company whether or not the same is due. The company shall exercise the right of lien at its discretion by the sale of goods and will retain the proceeds towards or to meet all debts, claims and liabilities due or to become due by the customer to the company.
Payment
Payment is due with the order, other than for approved credit accounts.
Otherwise:
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UNDER BOND are raised in Sterling (£). Payment is due 30 days from date of invoice.
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DUTY PAID ORDERS are raised in Sterling (£). Duty and VAT are payable immediately on invoice, unless prior duty deferred authorisation has been provided. Payment for the wine is due 30 days from date of invoice.
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EX-CELLAR (FRANCE) orders are raised in Euros (€) unless otherwise stated. Payment is due 60 days from the date of collection, unless otherwise stated.
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FOB (SOUTH AFRICA) orders are raised in Sterling (£). Payment is due 60 days from the date of bill of lading.
Prices
Unless otherwise agreed by the Company in writing, the price of the goods shall be the price set out in the Company’s price list published at the date of order.
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Ex-cellar (France) prices are quoted in Euros (€) per bottle.
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FOB (South Africa) prices are quoted in Sterling (£) per 12x75cl unless stated otherwise.
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In Bond per case are quoted as 12x75cl unless stated otherwise.
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All prices are quoted exclusive of duty and VAT. Duty will be charged at the appropriate, current Government rates.
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Wines marked ‘’ * ‘’ are above 15% ABV and are liable to the prevailing fortified duty rate.
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All IN BOND prices include CCT where applicable.
Deliveries
We do not guarantee timed deliveries or delivery dates
Cases of 6x75cl are treated as half cases for minimum order purposes.
| LONDON (inside M25) |
UK MAINLAND (excluding Scotland) |
SCOTLAND |
| 5 (9 litre) case minimum | 5 x 9 litre case minimum | 5 x 9 litre case minimum |
| 5 – 9 (9 litre) cases: £12.50 consignment charge |
5 – 14 (9 litre) cases: £18.00 consignment charge |
5 – 19 (9 litre) cases: £30.00 consignment charge |
| 10 or more (9 litre) cases – free | 15 or more (9 litre) cases – free | 20 or more (9 litre) cases – free |
Any liability of the Company for non-delivery of the goods shall be limited to replacing the goods within a reasonable time or issuing a credit note at the pro rate against any invoice raised for the goods.
UK Collection
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A collection discount of £2.00 per (9 litre) case will be allowed on orders of a minimum of 5 (9 litre) cases when a collection request is specified at the time of order.
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A collection discount of £2.40 per (9 litre) case will be allowed for customers with an account within London City Bond – Tilbury Docks. Minimum order is a single case.
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Collection ex our UK bond: London City Bond, 29-30 Berths. Tilbury Freeport, Tilbury, RM18 7EH. Tel: 0845 498 9918
Shipping Charges
Shipping charges for ex-cellar (France) and FOB (South Africa) purchases shipped to our bonded warehouse are £6.00 per £12 x 75cl and £4.00 per 6 x 75cl case. Onward delivery to a UK address is subject to the above mentioned UK delivery price terms.
Shipments
Shipments ex-cellar (France) will be for a minimum 25 cases (9 litre of equivalent).
Shipments FOB (South Africa) will be for a minimum specified quantity as agreed with the Producer at the time of order.
Orders
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Orders are to be placed on e-mail using an official company purchase order.
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Any errors in invoicing or delivery will be deemed to be at the fault and expense of the purchaser unless the condition above is adhered to.
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This agreement shall be on these conditions to the exclusion of all other terms and conditions (including any terms and conditions which the Purchaser purports to apply under any purchase order).
Claims and risk
All wine shall be at the buyer’s risk from the point of delivery to the buyer. Upon receipt, you must examine the wine delivered and sign to confirm receipt on the delivery note provided. Shortages, damage or errors must be notified on the delivery note or otherwise inform SMOUSE & MARCHAND LIMITED t/a DREYFUS ASHBY within 48 hours of the time of delivery. You must also retain such wine and packaging and make it available for inspection and collection by SMOUSE & MARCHAND LIMITED t/a DREYFUS ASHBY if so requested.
Title
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Title shall not pass to the Purchaser until the Company has received payment in full (in cash or cleared funds) for the goods.
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Until title to the goods has passed to the purchaser, the Purchaser shall store such goods separately from all other goods held by the Purchaser so that they can remain readily identifiable as the Company’s goods.
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The Purchaser will not remove, deface or obscure any identifying mark or packaging on or related to such goods.
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The Purchaser will maintain such goods in a satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks with an insurer and that is reasonably acceptable to the Company. On request, the Purchaser will allow the Company to inspect such goods and insurance policy.
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The purchaser may resell or use the goods in the ordinary course of business.
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Where the Company is unable to determine whether any goods are the goods in respect of which the Purchaser’s right to possession has terminated, the Purchaser will have been deemed to have sold all goods of the kind sold by the Company to the Purchaser in the order in which they were invoiced to the Purchaser.
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If before the title of the goods passes to the Purchaser, the Purchaser becomes subject to any events in termination of the agreement then, provided that such goods have not been resold and without limitation to any other rights or remedy the Company may have, the Company may at any time require the Purchaser to deliver up such goods and, if the Purchaser fails to do so promptly, enter the premises of the Purchaser or of any third party where the goods are stored in order to recover them.
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The Company shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Company.
Termination
The Company may terminate this agreement with immediate effect by giving written notice to the Purchaser if:
The Purchaser suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within meaning of section 123 of the Insolvency Act 1986; or the Purchaser commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors; or a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that Purchaser; or a creditor of the Purchaser attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days, or the Purchaser ceases, or threatens to cease, to carry on all or substantially the whole of its business.
General
Customer’s details will be held confidentially.
This List cancels all previous Lists
E&OE JULY 2014
