1. Availability
All products are sold subject to availability.
2. Prices
2.1 The prices in any list are subject to alteration by the Seller, without
notice, and if at any time there be an increase in either
excise or duty, the Seller shall be entitled to increase the price accordingly.
2.2 All prices are quoted exclusive of Value Added Tax.
3 Credit Terms
Effective for all orders unless variation is housed in writing by the Seller
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3.1 Payment of goods must be made on delivery, unless a credit period has been
agreed in writing by the Seller. Invoices are payable monthly, strictly 28
days credit from date of invoice. Colombier Vins Fins Ltd, the Seller, reserves
the right to
withdraw credit facilities of overdue accounts, to cease delivery without notice
when the 28 days of credit have elapsed
and to charge a monthly interest of 2.5% on overdue accounts.
3.2 In the event of settlement of an account, the Buyer must not pay the representative
or any other member of the company
unless prior authorisation has been given from the Office.
4. Return of Goods
Returns will not be accepted unless the Goods were not ordered or they arrived
damaged. In these cases the customer will be repaid by credit note after the
Goods have been returned. The Seller shall not accept the return of Goods that
are marked or disfigured, held for more than 6 days or otherwise incapable
of resale. In the case of wines returned by the customer as being faulty, we
reserve the right not to credit if the wine in question is deemed to be correct
and has been opproved by our competent staff. In the event of a restaurant
ceasing to trade we do not accept any return of our goods.
5. Claims
All Goods are to be examined at the time of delivery, and claims for breakage
will only be accepted if the Seller is given notification within three days
of the delivery.
6. Trade Samples
These are offered at list price less 15% and the cost per sample will be credited
when a first order for that wine is made.
7. Risk
Risk of damage to or loss of the goods shall pass to the buyer -
7.1 In the case of Goods to be delivered at the Seller’s premises,
at the time when the Seller notifies the Buyer that the goods are available
for collection: or
7.2 In the case of Goods to be delivered otherwise than at the Seller’s
premises, at the time of delivery or, if the Buyer wrongfully fails to take
delivery of the Goods, the time when the Seller has tendered delivery of
the goods
8. Property - Retention of Title
8.1 Notwithstanding delivery and the passing of risk in the Goods, or any other
provision of these conditions, the property in the Goods shall not pass to
the Buyer until the Seller has received in cash or cleared funds, payment
in full of the price of the Goods and all other Goods agreed to be sold by
the Seller to the Buyer for which payment is then due.
8.2 Until such time as the property in the Goods passes to the Buyer, the
Buyer shall hold the goods as the Seller’s fiduciary agent and bailee and shall
keep the Goods separate from those of the Buyer and third parties and properly
stored, protected and insured and identified as the Seller’s property.
Until that time the Buyer shall be entitled to resell or use the Goods in
the ordinary course of its business, but shall account to the Seller for
the proceeds of sale or otherwise of the Goods, whether
tangible or intangible, including insurance proceeds, and shall keep all such
proceeds separate from any monies or property of the Buyer and third parties
and in the case of tangible proceeds properly stored, protected and insured.
8.3 Until such times as the property in the Goods passes to the Buyer (and
provided the goods are still in existence and have not been resold) the Seller
shall be at any time entitled to require the Buyer to deliver up the Goods,
to the Seller and if the Buyer fails to do so forthwith, to enter upon any
premises of the Buyer or any third party where the Goods, are stored and repossess
the Goods,.
8.4 The Buyer shall not be entitled to pledge or in any way charge by way of
security for any indebtedness any of the Goods which remain the property of
the Seller, but if the Buyer does so, all monies owing by the Buyer to the
Seller shall, with out
prejudice to any other right or remedy of the Seller, forthwith become due
and payable.
9 Recovery of Accounts
Should the Seller use a third party (ie, debt collector) to recover accounts
from the Buyer, the Buyer will be liable for those charges and legal costs.
10 Insolvency
If the Buyer makes any voluntary arrangement with his creditors or becomes
subject to administration order or (being an
individual or fIrm) becomes bankrupt or being a company) goes into liquidation
(otherwise for the purposes of amalgamation or reconstruction) or an encumbrancer
takes possession or a receiver is appointed of any of the property or assets
of the Buyer or the Buyer ceases or threatens to cease to carry on business
or the Seller reasonably apprehends that any of the above are about to happen,
the Seller 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
become immediately due and payable.
11 Returned open Bottles
Colombier reserve the right not to accept returned open bottles which are judged
to be technically in good condition.
No verbal agreement can over-rule the above conditions of sale.
Definitions: Seller = Colombier Vins Fins Buyer = Customer Goods = product purchased by the Buyer
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Colombier Vins FinsTerms & Conditions |
| Colombier Vins Fins Terms & Conditions 2. Prices 3 Credit Terms 5. Claims 6. Trade Samples 7. Risk 8. Property - Retention of Title 9 Recovery of Accounts 10 Insolvency 11 Returned open Bottles Definitions: Seller = Colombier Vins Fins Buyer = Customer Goods = product purchased by the Buyer |
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Colombier Vins Fins Limited, Colombier House, Cadley Hill Industrial Estate, Ryder Close, Swadlincote, Derbyshire, DE11 9EU. Tel: 01283 552 552 Fax: 01283 550 675 email: sales@colombierwines.co.uk |
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