Equality Wines Ltd, Broome House, 22 High Street, Port St Mary, IM9 5DW. Isle of Man. Great Britain.
Telephone 0044 1624 834 731. Fax 0044 1624 834 802

TERMS & CONDITIONS OF SALE
Acceptance by Equality Wines Ltd (“the Company”) of any order entails acceptance by the customer (“the Purchaser”) of the following terms which shall govern any contract between the Company and the Purchaser. These terms shall prevail over any terms put forward by the Purchaser. These terms and conditions do not constitute an offer for sale.

PRICES AND AVAILABILITY
The prices quoted are subject to alteration by the Company without prior notice, in the event of increase in cost of supplies or overheads, or variation in exchange rates.
Duty and taxes will be charges at rates prevailing at the time of despatch. The fulfilment of orders will be subject to availability, and in the case of shortage due to force majeure, the Company may allocate the goods available between its customers as it thinks fit. The Company shall not be liable for breach in respect of failure to deliver the full contract quantity.
The Company may decline to accept an order in the event that acceptance would exceed the Purchaser’s agreed credit limit.
No contractual obligation binding on the Company shall arise until despatch by the Company of written acceptance of an order except that the execution of a Purchaser’s order by despatch of goods shall be deemed to be acceptance of the Company of the order subject to these terms and conditions.

DELIVERY, EXAMINATION AND CLAIMS
Risk in the goods passes to the Purchaser upon delivery. All goods should be examined or any obvious loss or damage at the time of delivery and the necessary evidence, including the goods, retained. The Company accepts no liability whatsoever for any loss through short delivery or damage to goods in transit unless the Purchaser:
a) endorses any delivery documents with details of shortage or damage immediately upon receipt or
b) notifies the Company in writing within twenty working days from the date of delivery.
Any dates quoted for delivery are approximate.
No claim whatsoever for non-delivery of goods will be considered unless the Purchaser notifies the Company in writing of non-delivery within ten days from date of invoicing.
The goods are ready for consumption and have been stored by the Company in conditions recommended by the producer. The Company will only accept liability for any defect if the goods have been stored after delivery in similar conditions.
Any alleged defect must be notified in writing to the Company within three days of its discovery being within six months of the date of delivery. Failing such notification, the Purchaser will be deemed to have accepted the goods and thereafter will not be entitled to reject the goods whether because of any alleged defect or otherwise.
The Company’s liability for late delivery, negligence (save in respect of death and personal injury) and consequential loss shall be limited to the invoiced price of the goods contracted for.

TITLE TO GOODS
Unless otherwise agreed in writing between the Company and the Purchaser, property and title in the goods shall remain with the Company and shall not pass to the Purchaser until such time as the Company has received payment in full of all sums due on whatsoever account. If the Purchaser sells all or part of the goods before the payment of the full purchase price is made, such sales shall be made by the Purchaser as agent of the Company and the proceeds of such sale shall be held on the Company’s behalf in such a manner as to make them readily identifiable as the Company’s property. The Purchaser agrees that prior to the payment whether due or not of the goods sold, the Company shall be entitled in addition to all other rights to enter any premises where the goods may be and recover possession of them.

SALE OR RETURN
Goods are not supplied on a sale or return basis and therefore cannot be returned once delivery has been accepted (except where goods are defective as provided above).

FORCE MAJEURE
Force majeure shall include all events beyond the Company’s control including strikes. The Company shall be under no obligation to notify the Purchaser of the occurrence of the force majeure circumstances. If performance of the Company’s obligations is delayed or hindered by circumstances amounting to force majeure, the Company’s duty to perform its obligations shall be suspended for as long as those circumstances continue and the time for such performance shall be extended accordingly. If performance of the Company’s obligations becomes uneconomic or impossible due to circumstances amounting to force majeure, the contract between the Company and the Purchaser shall be discharged.

PAYMENT
The invoice date will be the date of bill of lading, payment will be due 60 days from this date.. The Company reserves the right to withhold supplies and to suspend any further deliveries in the event that payment is overdue.
If payment is not made by the due date then all monies due to the Company in respect of other sales of goods whenever sold shall become immediately due and payable in lieu of the terms then applicable. In the event of a Purchaser having supplied to the Company a negotiable instrument or a cheque payable at a future date, then the acceptance by the Company of that negotiable instrument or cheque shall not constitute conditional or qualified payment. In addition, if payment is not made by the due date the Company may appropriate to the goods any payment made by the Purchaser in respect of any contract made between the Company and the Purchaser.

ONWARD SALES
The purchaser of the goods shall not export them, directly or indirectly, from the European Union without the Company’s prior written consent. If this provision is breached, the Company reserves the right to suspend deliveries, and to sue for redress of injury and damages.
Orders intended for resale outside the European Union must specify the quantities, the country of destination and the consignee’s name. The Company reserves the right to reject them.

PRESENTATION AND PACKAGING OF GOODS
All packaged goods purchased from the Company for:
a) resale, trade or promotional use must be resold or used by the Purchaser only in conditions as sold or prescribed by the Company and, in particular, all bottles, containers, labels, capsules, corks and other dressing must remain intact and not be tampered with, added to , altered or obliterated in any way;
b) consumption on licensed premises shall be sold from or in the container and in the condition as sold or prescribed by the Company.

PRESENTATION AND PACKAGING OF GOODS
All packaged goods purchased from the Company for:
a) resale, trade or promotional use must be resold or used by the Purchaser only in conditions as sold or prescribed by the Company and, in particular, all bottles, containers, labels, capsules, corks and other dressing must remain intact and not be tampered with, added to , altered or obliterated in any way;
b) consumption on licensed premises shall be sold from or in the container and in the condition as sold or prescribed by the Company.

APPLICABLE LAW AND VALIDITY
The contract of sale shall in all respects be governed by and construed in accordance with English law and shall be subject to the jurisdiction of the English courts. Any provision hereof which is void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision hereof.