New Customer Form

The following conditions apply to all orders, contracts, quotations and tenders for the supply, sale and hire of goods by Abbeydale Brewery Ltd (The Company) to any Customer (The Customer) unless otherwise expressly agreed in writing by the Company and the Customer.
• These terms and conditions are subject to English Law.
• These terms and conditions shall supersede any terms or conditions contained in any Customer’s order unless otherwise agreed in writing by the Customer and the Company at the time of the order.

Property and Risk
• The risk in the goods shall pass to the Customer at the time of delivery.
• Property in the goods shall pass to the Customer upon receipt of payment in full by the Company.
• Until full payment has been received by the Company for all goods supplied and services rendered to the Customer, property in the goods shall remain in the Company.
• If the goods have been sold on in the normal course of business and payment has still not been received by the Company then the Customer shall hold any proceeds of sale of the goods on trust for the Company, until such time as payment is received by the Company the Customer remains liable for payment.

Casks
• For the avoidance of doubt the goods does not include the casks.
• Title in the casks shall remain at all times in the Company.
• The risk in the casks shall remain with the Customer from the date of delivery until such time as the casks are returned to the Company.
• The casks shall be returned to the Company in good and serviceable condition (fair wear and tear excepted) and should be returned to or made available for collection by the Company no later than six months from the date of delivery.
• Any casks not returned to the Company or made available for collection by the Company within six months of delivery shall be deemed to be lost and the Company shall be entitled to charge the Customer for the price of the casks to be calculated in accordance with the market rate applicable at the time of the invoice for casks being issued.

Additional equipment
• Where additional equipment is supplied or installed on loan by the Company or on behalf of the Company eg dispense equipment such as pumps, cellar equipment such as autotilts and stillage, title in these remains with the Company and they should be used primarily for the dispense of the Company’s products and be made available for collection by the Company in good order (fair wear and tear excepted) if the Customer ceases to trade with the Company.

Payment
• An invoice shall be sent to the Customer on or after delivery of the goods. The Customer agrees to pay the invoice within the stipulated terms. Where no specific terms have been agreed the terms are deemed to be cash or cheque on delivery or within 7 days of receipt of invoice.
• The Company may apply charges for late payment to cover interest and administration at 8% above current Bank of England base rates at the time of issue of statement.

Ullages and Returns
• The customer is responsible for reporting to the Company any damage, defects or quality concerns, within 48 hours of detection.
• Ullages should be reported to the Company within 48 hours of the ullage occurring. Casks containing ullage should be sealed and passed to the driver who will complete an ullage note. Credit will be issued for ullages on return of the ullage to the brewery and confirmation of the quantity of ullage.

Credit accounts and credit checks
• Credit accounts can only be opened at the Company’s discretion and subject to satisfactory references being given. Credit limits and payment terms may be altered at any time by the Company at their discretion.
• In order to monitor and aid debt recovery the Company may make searches with credit reference agencies with respect to the Customer, its proprietors, partners and directors.

Termination
• The Customers power of sale shall automatically cease and the Company shall be entitled to terminate any credit arrangements if the Customer enters into a voluntary arrangement with its creditors ( within the meaning of the Insolvency Act 1986) or becomes bankrupt or if a receiver is appointed or becomes subject to an administration order or if the Company reasonably apprehends that any of the events mentioned is about to occur in relation to the Customer and notifies the Customer accordingly. Then the Customer shall place the goods at the disposal of the Company who shall be entitled to enter upon any premises of the Customer for the purpose of removing such goods and any property of the Company including but not limited to casks, cellar equipment and dispense equipment, including severance from the realty where necessary.