Lithuanian beer - Terms&Conditions

LITHUANIAN BEER LTD
3 Gallions Close
BARKING
IG11 0JD
Tel.: 0208 507 2512
Fax: 0208 591 2220
E Mail: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Conditions of Contract
Sole Conditions
The Company: Lithuanian Beer Limited is Registered Company in England undertakes all services subject solely to the following Conditions which can be varied only in writing by a Director or Company Secretary.

Customer’s Undertakings
The Customer undertakes that:
The Customer should order the goods in writing two weeks in advance, indicating the amount of goods being ordered, assortment and packaging.
Upon transportation the Customer shall be obliged to follow the rules of storage, as shown on the bottle label and packaging. Shall the Customer fail to follow storage, handling or transportation rules, the Company carry no responsibility for the quality of the goods. All expenses connected to the goods and/or coincident risk of losing the goods shall be passed to the Customer once the Sales Invoice has been issued by company or on the moment of transfer of the goods to Customer.
The cases should be transported using onetime usage wooden pallets.
When the goods purchased are stored under the Customs & Excise manned bonded warehouse, the Customer shall carry out all the activities concerning the exporting or importing procedures, i.e. excise duty and other relevant taxes and will be liable for any breach of HM Customs & Excise Regulations relating to purchased goods. The Customer shall refer to the Bonded Warehouse Terms and Conditions.
Unless prior to acceptance of the Goods by the Customer, the Company receives written notice containing all appropriate information, none of the Goods constitute ‘Waste’ as defined in the Environmental Protection Act 1990.
Payment terms and conditions: according to Credit Agreement, signed by between Customer and Lithuanian Beer Limited Company’s Director.
Notwithstanding any notice, under conditions 7 and 8 below, if there is a breach of contract by Customer, the Customer will identify the Company against all loss or damage it suffers which is related to the breach, and will pay all costs and expenses (including professional fees) incurred in, and the Company’s reasonable charges for dealing with the breach and its consequences.
If a Customer’s acceptance document, purchase order or other documentation, received by the Company before or after notification of the Conditions, contains terms or conditions additional to, or at variance with these Conditions, then every such additional or varying term or condition shall be of no effect.

Company’s Liability
1. The Company guarantees and agrees that the products are of good quality, including suitable labels and packaging.
2. The Company will provide the product’s Quality Certificates upon request.
3. Upon the order being made by the Customer, the Company will issue an Invoice. The Invoice is payable according to the Credit Agreement (listed under Condition VI. Above).
4. The product expiry date shall be no shorter than four months from the day of production. Upon expiry, the Company shall not be responsible for the product quality and the subsequence arising from this fact.
5. The Company does not insure the Goods and the Customer shall make arrangements to cover the Goods against all risks to the full insurable value thereof.
6. If and to the extent that Loss is directly caused by neglect or wilful act of the Company or its employees, under conditions 1. and 2. above, the Company will accept liability for loss subject to conditions 7. and 8. bellow.
7. In no case whatsoever shall the Company be liable for any loss of profit or indirect or consequential loss of any kind.
8. The Company excludes all liability whatsoever and howsoever arising in respect of the Goods, including (without limitation) all liability for loss, damage, duties or taxes if applicable, deterioration, delay, miss-delivery or non-compliance with instructions.
9. No legal proceedings may be brought to the Company unless they are issued and served, and no counterclaim may be raised unless full written details are received by the Company within 9 months of the event giving rise to the claim.
10. The Company shall not be liable hereunder for any loss or damage to the extent that the same is caused or contributed to by a breach of any of the Customer’s warranties and undertakings ( or by any of the circumstances by virtue of which the Company is relieved of it’s obligations in accordance with Conditions 7 and 8.

Prices, orders and payment
The price list replaces all previous lists. All prices are in UK pounds sterling, duty paid and delivered (if applicable), and exclude VAT. All prices are per case unless specified otherwise.
We reserve the right to alter prices without notice. All beers, spirits, wines and non alcohol drinks are offered subject to availability and remain the property of Lithuanian Beer Limited until payment is received in full. VAT will be added to the invoice total.
Orders can be placed by e-mail, telephone, fax or by post to our Sales Office. We accept payment by cash, by cheque or bank transfer.
Unless otherwise expressly agreed in writing or you have an account with the company, all orders must be paid for before they are despatched from our premises
We are not permitted to accept orders from customers who have not attained the age of 18
Delivery
Deliveries within the East London postal district are free and will normally be made within three working days from receipt of the order/payment. Elsewhere within Greater London, England, Wales and Scotland deliveries will normally be made within seven working days from receipt of the order/payment, therefore, delivery charge will apply. Please contact us by phone to discuss a possibility of an express delivery. We advise you to allow at least 7 working days for delivery at busy times of the year such as Christmas.
Queries and complaints
We do our best to offer an exceptional standard of personal customer service. If you have any query about our products or any aspect of our service, or In the event that you have cause for complaint about our service or any of our products please contact us via e-mail This e-mail address is being protected from spam bots, you need JavaScript enabled to view it with subject 'Order query/complaint', leaving your name and a contact number. The director will personally deal with any complaints regarding the quality of our service as soon as possible.
Our terms and conditions of trading do not affect your statutory rights. We are a limited UK company and any dispute or claims that arise must be made and settled under UK law.
Retention of Title
The goods sold shall remain our property and title shall not pass to you until payment in full has been made for all goods supplied.
If you are in default of payment of any sum howsoever due to us, then we may revoke your power of sale in respect of the goods, which power shall, in any event, automatically cease if an Administrative Receiver is appointed to your company, or it goes into liquidation, or calls a Meeting of Creditors, or makes any arrangement or composition with Creditors, or suffers a Bankruptcy or Interim Order to be made against you. Upon termination of your power of sale, all amounts payable in respect of goods supplied shall fall due for immediate payment, notwithstanding that any period of credit permitted by us may not have expired, and you shall immediately permit us to enter upon any premises upon which the goods are stored for the purpose of removing them.

Any payment you make for any goods which we shall supply shall, notwithstanding that you may have made any purported appropriation, be appointed first to goods which have at the date of our receipt of the payment been disposed of by you, and we shall further be and remain entitled to appropriate any balances, after such appropriation of received payments to such other of any goods supplied by us to you as we may, in our absolute discretion, decide.