The completed Cask Offer purchase form and these Terms and Conditions of Sale comprise the contract for sale for a cask of English Whisky (Cask) between……………………….(we and us) and a Customer (you and your).
To comply with the UK Warehouse Owners and Warehouse Goods Regulations (WOWGR) you are required to confirm that you are a private individual purchasing the filled Cask purchased for private consumption or gifting and that the Whisky produced from the Cask will not be sold or traded for profit. Your completion of the Cask purchase form will be deemed by us to be your confirmation of WOWGR compliance.
Payment for the cask is due within 7 days of the issue of an invoice. Only when payment is made in full will the ownership of the cask be transferred to you. Should you opt to pay the invoice by agreed instalments title will pass only when the instalment plan is completed and if you default in payment of any of the instalments due then the contract will be terminated and the instalments paid to date will by retained by us and not refunded.
All verbal orders and orders via email or other electronic communication shall form a contract on these terms.
All our contracts are made under English Law and are subject to the exclusive jurisdiction of the English Courts. Due to alcohol legislation laws we cannot sell alcohol to anyone under the age to eighteen years. By placing an order with us you are confirming you are not under eighteen years of age. Your rights under this contract of sale may not be transferred or assigned to a third party without our consent in writing.
Your cask will be filled with new made spirit at our distillery and will contain approximately 190-200 litres. Your Cask will be individually marked with the year of distillation, a cask number and your name or any other reasonable mark specified by you which is acceptable to us. The Cask price includes all warehouse insurance and rent for a minimum period of three years from the date it is filled and also regular inspection for signs of leakage. It further includes the cost of repair to any Cask that is leaking and the replacement of any spirit lost as result of that leakage. It does not include spirit lost due to natural evaporation. An evaporation rate of 2% per annum is normally allowed for, however the size of the cask, location, filling strength and the length of maturation can all affect the rate of loss. Therefore no guarantee can be given as to the amount of spirit remaining in the Cask at the end of the maturation period.
Once the Cask has been filled and paid for you will be sent a certificate of ownership and you will be deemed to have taken title to the Cask.
The Cask must remain in our warehouse throughout the maturation period which will not be less than 3 years. If you wish the Cask to remain in our warehouse beyond. This 3 year period then the cost of warehouse insurance and rent and UK HMRC compliance administration after the 3 year period will be your responsibility and the cost will be advised to you at that time. Cask repair and any sampling will then be chargeable and we will not replace any Spirit loss which may occur nor Spirit in your Cask which has not matured to the quality standard expected.
The Cask price includes the cost of the Cask. The cask will become your responsibility to remove it from our warehouse at the end of the maturation period and subsequent disgorging.
Bottling of the contents of the cask must be carried out at our facility. The bottling will be carried out without chill-filtration or the addition of any colour. You will have the choice of bottling at cask strength or 47% abv. Bottling and delivery costs will be paid by you.
UK Duty and VAT will be payable on the product.
Prior to bottling we will agree with you the labelling and packaging of the bottles and will have to comply with any relevant Whisky legislation. The label and packaging will state that the product has been distilled, matured and bottled at the distillery and the label will be personalised to you.
You must notify us immediately of any change of address or contact details. In the event we ae unable to contact you on expiry of 3 years from the anniversary we reserve the right to sell the Cask and the Spirit.
These terms and conditions may be changed over time. If we do make amendments to our terms and conditions we will make the changes on our website and make you aware by email.
Each right or remedy of us under the Contract is without prejudice to any other right or remedy we have whether under contract or not. No failure by us to exercise any right power or remedy will not operate as a waiver of it, nor will any partial exercise preclude any further exercise of the same, or any other right, power or remedy. The parties do not intend that any of these Terms shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.
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