Terms & Conditions

Stafford Wholesale Ltd Terms & Conditions of Trade

  1. In these terms and conditions, the following words shall have the following  meanings:

    “the Company shall mean Stafford Wholesale Limited.
    “the Customer shall mean the person, firm or company offering to purchase the Goods or Services from the Company.
    “the Goods shall mean the wine, spirits, tobacco or other products, the subject matter of a contract between the Company and the Customer. This will also include any Services, the subject matter of the contract between the Company and the Customer.
    “the Services shall mean the warehousing or management of any products, the property of the Customer, the subject matter of the contract between the Company and the Customer.

  2. Prices for the Goods and Services shall be in accordance with the official Company price list and charge sheet. Such prices and charges issued by the company are subject to alteration without notice. The prices are quoted exclusive of Value Added tax.

  3. Payment in respect of the Goods and Services, as set out in the Statement of Account issued to the Customer by the Company, must be made during the month following that in which the Goods and Services are invoiced.

  4. All business undertaken by the Company is undertaken on the terms and conditions herein contained and any variation thereto will only be binding on the parties if such variation is in writing and signed by an authorised representative on behalf of the Company. An order placed by any Customer is deemed to be placed upon the terms and conditions herein contained.

  5. The Customer is at liberty to place any order with the Company for the purchase of Goods or Services and such order shall be deemed for all purposes to be an offer to purchases the Goods or Services. The Company shall be entitled at any time to accept or reject all or part of such offer for any reason whatsoever and it shall not be bound to give the Customer reason for doing so. The Company is deemed to have accepted such offer or part only thereof when it delivers the Goods or provides Services in accordance with such offer or part thereof to the Customer.

  6. Reservation of Title:

    a: The property in the title to the Goods sold by the company shall remain in the Company until the Company has received payment in full for the Goods. Notwithstanding these provisions in respect of such Goods, risk shall pass on delivery of the Goods to the Customer’s premises or where such Goods have come under the Customer’s control.

    b: If the Customer (who shall in such case act on his own account and not as an agent of the Company) shall sell or otherwise dispose of the Goods, the Customer shall hold all monies received from such sale or other disposition in trust for the Company and at the request of the Company shall furnish the Company with the names and addresses of persons to whom such disposals have been made and all appropriate particulars thereto so as to enable the Company to recover direct from such persons sums owing by them.

    c: So long as the property in the title to the Goods shall remain in the Company, the Customer shall hold the Goods as bailee for the Company and store the Goods so as to clearly identify them to be the property of the Company.

    d: The Company shall have the right, without prejudice to the obligations of the Customer to purchase the Goods, to retake possession of the Goods and for that purpose to go onto any premises occupied by the Customer.

    e: In the event of the Customer going into liquidation, receivership or bankruptcy, the Company reserves the right to retake possession of all unpaid-for Goods being the property of the Company. In so doing, the Company shall have the right for that purpose to go onto any premises occupied by the Customer.

  7. a: Where queries on accounts arise, such queries must be communicated in writing to the company immediately upon discovery and in all circumstances not later than 1 month of receipt of the Goods, otherwise no liability will be accepted by the Company. Queries on isolated elements of the Account must not hold up settlement of the remainder of the account.

    b: Claims for short delivery or damage in transit will not be entertained unless brought to the attention of the delivery man at the time of delivery.

  8. The Company shall be entitled to charge the Customer with the amount equal to all costs and expenses (whether incurred pursuant to the issue of legal proceedings or not), incurred by the Company in any way connected with the collection of monies due to the Company from the Customer which have not been paid within the time limit contained in Clause 3 hereof. The amount of such costs and expenses shall immediately become due to the Company.

  9. The Company shall deliver to the Customer at the time of delivery of the Goods, a consignment docket, which shall be signed by the Customer as proof of the accuracy of said delivery. An invoice/statement shall be sent to the Customer as soon as possible thereafter, stating the type, quantity of Goods and the value for which the Customer is bound to pay.

  10. If any representatives of the Company quote a time for delivery of the Goods to the Customer, such time shall be an estimate only and shall not be deemed to form part of any contract between the Company and the Customer, and the Company shall not be liable for the direct or indirect consequences of any delay.

  11. In certain circumstances, the company may agree in writing with the Customer that it shall take back some or all of the Goods delivered to the Customer. In such circumstances, the Company may in its absolute discretion credit the Customer with an allowance for the Goods returned. However, if the Company agrees to take back the Goods in accordance with the clause, the Customer shall be liable for the safe delivery of the Goods to the Company’s premises, unless collected by the Company.

  12. Resale: For Duty Free Customers only. The Customer undertakes:

    a: Not to re-sell the Goods except for the purpose of tax and duty free consumption and to re-sell the Goods only to persons or firms where there is no reasonable cause to believe that such persons or firms will re-sell or use Goods otherwise than for duty free consumption.

    b: To impose an obligation similar to 12a above on the resale of the Goods supplied and to use his best endeavours to ensure that the same obligation is accepted by all subsequent purchasers of the Goods supplied.

    These conditions impose no other sales restrictions other than those stated in 12 a and 12 b above. In the event of any breach of these undertakings on the part of the Customer, the Company shall no longer consider itself obliged to accept further orders from the Customer for the duty free market.
  13. No change in the legal status of the Customer will be allowed until the Customer completes a new account form under the new status and until acceptance of that new status is given in writing by the Company.

  14. LIEN 
    The Company has a general and particular lien over the Goods for all sums owing by the Customer to the Company until such sums have been received in full by the Company. In case any lien is not satisfied within a twenty-eight (28) day period of time from the date upon which The Company first gives notice of the exercise of its lien to the Customer, the Goods may be sold and the proceeds of sale applied in or towards the satisfaction of every such lien and all proper charges and expenses in relation thereto. The Company will account to the Customer for any surplus.

    The Company shall be entitled at the expense of the customer to dispose of the Goods by sale (or otherwise as may be reasonable in all the circumstances);

    a: on twenty-eight (28) days notice in writing to the Customer, or where the customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the Goods, any Goods which have been held by the Company for sixty (60) days and which cannot be delivered as instructed, and

    b: without prior notice, Goods which content has perished, deteriorated or altered or there is an imminent prospect of doing so (in the reasonable opinion of the Company) in a manner which has caused or may reasonably be expected to cause loss or damage to third parties or to contravene any applicable laws or regulations.
     
    Upon accounting to the customer for any balance remaining if any after payment of any sum due to The Company and the costs of sale or disposal by the Company shall be discharged from any liability whatsoever in respect of the Goods or Services.

    During the currency of the exercise of lien, the Company is entitled to be paid storage charges and any additional handling charges at its current rates in force immediately prior to the imposition of the lien. If the Contract has been terminated, the relevant rate at which the storage charges will be payable will be that in force immediately prior to termination.

  15. Deferred Payment of Duty & Vat 
    Customers who do not have a deferred payment agreement with Customs and Excise must pay the duty and Vat on their wines before leaving the bonded warehouse. Customers who do operate a deferred payment system with the Customs and Excise may remove their wines without duty and Vat having to be paid until the 26th day of the month following withdrawal. Deferred limits cannot be exceeded without prior written agreement from Customs and Excise.
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Company Reg No. 126677. Terms & Conditions. Design by TrueOutput: