Terms and Conditions

1. Terms of Payment

Payment is due by you in full and cleared funds within such period or on such date as we specify to you. Otherwise, if we do not give you a specific date then payment is due on the 24th day of the month following the month the invoice is dated. Failure to pay any amount due to us by the due date or any circumstances which give us reasonable concerns about your solvency, shall entitle us to suspend delivery of any undelivered orders.

If payment is not made by the due date, we reserve the right to charge you interest on the overdue amount at the rate of 3% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount. Any account falling overdue will not qualify for discount relating to the overdue amount and we reserve the right to withdraw without notice any discounts that have been allowed if payment is not made in full by the due date. All of our reasonable costs (including legal fees) incurred by us in collection of amounts due hereunder or in enforcing repossession under clause 5 below will be payable by you. In the event of any cheques or direct debit being dishonoured, we will charge you a reasonable fee to cover bank and administration costs. Any credit periods are granted at our discretion and can be amended, suspended or withdrawn by us at any time.

2. Claims

All goods should be examined at the time of delivery and any loss or damage signed for accordingly. If examination is impractical at the time of delivery, please sign delivery note “UNEXAMINED”. In any event St Austell Brewery must be notified of any discrepancies and/or breakages in deliveries received not later than the day following the day of delivery.

3. Set-Off

You shall pay us all amounts due in full without any set-off, counterclaim, deduction or withholding (except as required by law). We may at any time without limiting any other rights or remedies we may have, set-off or withhold any amount owing to us, or any company within our group, by you against any sum which we or any company within our group owe you.

4. Insolvency

Without affecting any of our other rights or remedies we may terminate this contract or suspend any further deliveries under these conditions with immediate effect and if the goods have been delivered but not paid for, the price shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary if;

1. You become unable to pay your debts as they fall due, propose any voluntary arrangement or enter into a compromise or other arrangement with your creditors;

2. An order is made or you become subject to a bankruptcy petition or become bankrupt

3. You become subject to a winding-up petition or go into liquidation or become subject to a petition for an administration order or upon the making of an administration order;

4. You cease, or threaten to cease, to carry on all or a substantial part of your business;

5. An encumbering party takes possession of, or a receiver or manager is appointed over any of your property or assets or; 6. We reasonably believe that any of the events mentioned above is likely to occur and notify you accordingly.

5. Risk & Retention of Title

The risk in the goods shall pass to you upon delivery. However, notwithstanding delivery and passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership shall not pass to you until we have received in cash or cleared funds payment in full for the goods delivered to you and any other goods which we have supplied to you in respect of which payment has become due. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between us and you under which the goods were delivered.

Until payment for the goods is received by us, you shall hold the goods on our behalf and shall store the goods separately from all other goods you hold so that they are readily identifiable as our property. If you sell the goods before we have been paid in full, you shall hold the proceeds of the sale on trust for us, and such sale is only authorised by us if it takes place in the ordinary course of your business. In the event of non-payment by you on the due date, we shall be entitled to enter your premises and take such measures as are reasonably necessary to recover the goods. We shall have absolute authority to retake, sell or otherwise deal with or dispose of all or any part of the goods in which title remains vested in us. We shall be entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of the goods.

6. Ownership

Notice is hereby given that returnable bottles, cases and casks upon which a deposit may or may not have been charged are your responsibility. They will be credited in full when returned in good condition and their full value will be charged for if not returned.

7. Availability of Stock, Vintages and Substitutions

It is not always possible to ensure that stocks of wine in our list remain available until the publication of the next monthly amendment sheet or annual price list. If your order includes a wine which is either out of stock or discontinued we will select another wine as near as possible in style, quality and price. Similarly in the event of a vintage being out of stock the next available vintage will be sent unless we are instructed to the contrary.

8. Prices

All prices are quoted exclusive of V.A.T and are subject to market fluctuations, alterations in Customs and Excise Duties, and stocks being available. We reserve the right to alter any prices or specifications in accordance with these conditions at any time without notice to you and all goods are sold subject to prices and conditions ruling at the date of dispatch. All prices include delivery by our own transport providing that conditions stated under Clause 9 below are adhered to.

9. Deliveries and Minimum Orders

We reserve the right to state a minimum value and/or quantity for any orders to be delivered wherever deemed appropriate. All deliveries are made by our own transport. Approximate times and days of deliveries are available from St Austell Brewery or any of its depots.

10. Warranty

We warrant that on delivery our goods conform with their description and are of satisfactory quality (within the meaning of the Sale of Goods Act 1979). All other implied terms are, to the fullest extent permitted by law, excluded from the contract.

11. Contract Terms

These terms and conditions apply to the contract between you and us to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 

An order constitutes an offer by you to purchase the goods in accordance with these conditions.

You are responsible for ensuring that the terms of the order and any applicable specification are complete and accurate.

An order will only be deemed to be accepted by us when we confirm acceptance, either verbally or in writing, at which point a contract will come into existence. A contract constitutes the entire agreement between you and us.

12. Stock Rotation and Returns

It is your responsibility to rotate products so that the oldest is sold first. No credit will be given for out of date products nor will they be exchanged. No returns of WINES AND SPIRITS will be accepted other than in exceptional circumstances in which case authorisation from the brewery is required in advance. In the instances of BEER, CIDER AND MINERALS carrying an open date code, goods must be returned in complete packs, good condition and not of mixed dates and must have the major part of their available life to run. Guidance on this matter is readily available from us on request. We cannot guarantee credit on returns of other Brewer’s cask conditioned Ales and even where credit is given delays of up to 3 months should be expected. Cask conditioned Ales cannot be supplied on a sale or return basis. Returns of Draught Wine, Postmix Minerals and “Special Orders” will not be accepted. In the case of authorisation from St Austell Brewery being granted for the return of goods, due to overstocking, closing down or change of ownership we reserve the right to charge up to 20% of the value of the goods to cover costs of collection and administration.

13. Exclusion of Liability

St Austell Brewery Company Limited shall be under no liability whatsoever for loss or damage, death or personal injury howsoever arising other than for death or personal injury sustained by any person arising from the negligence of St Austell Brewery Company Limited or under the Consumer Protection Act 1987.

14. Money Laundering

For the protection of our customers, we operate a money laundering reporting procedure. In certain circumstances, information will be revealed by us to the appropriate authorities in relation to any suspicion of money laundering.

15. Special Offers

All advertising promotions and their participating products are subject to availability and to any duty change.

Promotional offers apply to all orders delivered between stated promotional period.

St Austell Brewery Ltd reserve the right to amend, vary, suspend or terminate any current promotional offers in whole or in part without prior notice.

Promotional offers are subject to St Austell Brewery Ltd’s own normal trading terms and conditions of sale.

Licensees should NOT place orders for any participating product appearing within this leaflet if they form part of their “tied” lease agreement with their landlord.

“FREE” items given away with participating orders are subject to availability as there are set allocations and customers are given these items on a first come, first served basis.

All prices quoted are exclusive of VAT.

Benefits from these promotional offers may affect your tax liability, please check with your tax advisor or accountant.

Wherever cases are stated within this leaflet they refer to the standard case size for that product for all beers and soft drinks. For wines and spirits, cases refer to the standard equivalent, i.e 12 x 70cl/75cl bottles or 6 x 1.75ltr magnums.

All products listed as an Offer are exempt from any St Austell Brewery investment package write off due to the nature of the low net price.

16. Call Recording

All calls, both incoming and outgoing, are recorded automatically; however, we only intend to listen to these calls for training and monitoring purposes, for the resolution of invoice disputes, and/or for any other business purpose which is permitted by applicable legislation.

Calls will not be recorded if a debit/credit card number if being taken.