1.1. In these Conditions the ‘Seller’ means Reset Drinks LTD of Newgate Whitelund industrial estate, Morecambe LA33PT and the ‘Buyer’ means the Applicant(s) named on the Credit Application Form.

1.2. The construction, validity and performance of the Conditions and this order shall be governed by the law of the England.

1.3. All purchase orders and subsequent deliveries as between the Buyer and Seller shall be governed by the Conditions.

1.4. If there is any conflict between these Conditions and any other agreement made between the Buyer and Seller, these conditions shall prevail.

2. Formation of Contract

2.1. Any purchase order made by the Buyer must be delivered in writing to the Seller by any of the following methods

2.1.1 Post, Email, Fax, Telephone (Quoting Account Number

2.2 Any order sent to the Seller by the Buyer shall be accepted entirely at the discretion of the Seller, and, if so accepted, will only be accepted upon these conditions (hereafter referred to as the ‘Conditions’) and by means of the Seller’s standard order acknowledgement form.

3. Acceptance

The Buyer shall be deemed to have accepted all goods upon their delivery by the Seller to the Delivery Address specified on the Credit Application Form.

4. Delivery and risk

4.1 Delivery of the order by the Seller to the Delivery Address is free of any additional charge subject to a minimum order price at the Seller’s discretion.

4.2 Any time or date for delivery given by the Seller is given in good faith but is an estimate only.

4.3 Risk in the goods shall pass to the Buyer upon delivery.

4.4 Delivery notes must be signed by a representative of the Buyer upon delivery.

5. Title and Payment

5.1. Unless otherwise agreed in writing with the Seller, Payment of the price of each  order shall become due:

5.1.1. for cash accounts upon delivery of the order.

5.1.2. for credit accounts, no later than 7days from the date of delivery of the order

5.2. All prices quoted for orders are subject to VAT at the prevailing rate.

5.3. Prices of goods may be altered by the Seller without prior notice to the Buyer.

5.4. Title to the goods comprised in each order shall not pass to the Buyer until the Buyer has paid their price to the Seller and any cheques have cleared, but, even though title has not passed, the Seller shall be entitled to sue for their price once its payment has become due.

5.5. The Buyer agrees to allow the Seller access to the goods wherever they may be, in order to collect, in the event of non-payment.

6. Cheque Accounts

6.1. Cheques are not accepted

7. Credit Accounts

7.1. Unless a prior agreement has been made with the Seller, a credit facility will only be considered by the Seller upon the Buyer providing the Seller with:

7.1.1. a satisfactory bank reference;

7.1.2. two satisfactory trade references;

7.1.3. a signed and completed Direct Debit form. The seller will notify the Buyer when this condition has been compiled with and advise the Buyer as to when the credit facility will start and the permitted credit limit.

7.2. Any purchases made prior to the satisfaction of Clause 7.1 must be paid for by cash in accordance with Clause 5.1

7.3. If the buyer exceeds the credit limit permitted by the Seller, the Seller reserves the right to withhold the delivery of further orders until the outstanding balance on the Buyer’s account has been received by the Seller.

7.4. The Seller reserves the right to withdraw credit facilities to the Buyer at any time and upon this withdrawal, all invoices outstanding on the Buyer’s account shall become due for payment by cash immediately.

7.5. If any payments by Direct Debit do not arrive in the Seller’s bank account on the correct day due to there being insufficient funds in the Buyer’s bank account, a £30.00 fee will be charged to the Buyer’s account.

8. Outstanding Payments

If payment is not received on the date specified in Clause 5 of the Conditions, interest pursuant to the Late Payment of Commercial Debts (interest) Act 1998 will be charged at 8% above the base rate of the Bank of England and will continue to be charged on a daily basis until payment is received in full.

9. Damage in Transit

The Seller will replace free of charge any goods proved to the Seller’s satisfaction to have been damaged in transit, provided that within 24 hours the Seller received notification in writing of the occurrence of the damage and also, if and so far as is appropriate, of its nature and event.

10. Force Majeure

10.1. The Seller shall not be under any liability for any failure to perform any of its obligations under the due to ‘Force Majeure’. Following notification by the Seller to the Buyer of such cause, the Seller shall be allowed a reasonable extension of time for the performance of its obligations.

10.2. For the purposes of this Condition, ‘Force Majeure’ means fire, explosion, flood, lightening, Act of God, act of terrorism, war, rebellion, riot, sabotage, official strike or similar official labour dispute or events or circumstances outside the reasonable control of the party affected thereby.

11.Economic Loss

Notwithstanding anything contained within these Conditions or the order, in no circumstances shall the Seller be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the case thereof (i) for any loss of profit, business, contracts, revenues, or anticipated savings, or (ii) for any special indirect or consequential damage of any nature whatsoever. 

12. Limitation of Liability

Notwithstanding anything contained in these Conditions in the order, the Seller’s liability to the Buyer in respect of the order, in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to the price of the goods specified in the order.

13. Waiver

The Failure by the Seller to enforce any of these conditions at any time for any period will not release or exonerate or in any way affect the liability of the Buyer or be a waiver of;

13.1 these conditions;

13.2 the right of the Seller at any time afterwards to enforce each and every clause of the Conditions; or

13.3 any penalty attached to their performance.

14. Guarantee

The Buyer guarantees to the Seller that the Buyer will comply with his obligations under these conditions and covenant to perform and observe personally as a primary obligation, in full, the obligations of