- The terms and conditions apply to all sales of goods and supplies of services by Loughran Brewing Stores (LBS), where the customer deals otherwise than as a consumer.
- Our Terms may be subject to change without notice, any changes will be displayed on the website.
- The Customer is defined as being the Company, Owner, Director, Manager and any other authorised representative.
- Any contract made with LBS for the sale of goods or the supply of services is subject to these terms and conditions and any conflicting terms of business of the customer shall have no effect.
Acceptance of delivery by the customer of either goods or services will constitute acceptance by the customer of these terms and conditions.
- Prices stated in any quotation or within LBS price lists are subject to alteration without notice upon any changes or amendments to prices from its suppliers.
- Value Added Tax will be charged to the customer in addition to the price for goods and services supplied, with the exception of customers outside the Republic of Ireland who can provide an active local VAT number
- Payment for goods and services supplied by LBS will be made by the customer in advance of those goods and services being processed. Advance payments can be by electronic bank transfer only.
- Accounts may be opened for the customer on providing to LBS references as the company deem necessary. LBS reserves the right in its discretion to grant credit. All credit accounts will become due for payment 30 days following the end of the month that the order was placed.
- The customer will not make any deduction from the invoice price of goods or services on account of any off set or claim unless both the validity and the amount have been agreed in writing by an authorised representative of LBS.
- Time from payment shall be of the essence of the contract. Without prejudice to any other rights of LBS if the Customer fails to make any single payment by the due date all sums in respect of all goods shall become due and payable immediately and the Customer shall pay interest on any and all overdue amounts from the date on which the payment was due to that on which it is made (whether before or after judgement) on a daily basis at a rate of 1.5% p.a. over the base rate from time to time quoted Ulster Bank and reimburse to LBS all costs and expenses (including legal costs) incurred in the collection of any overdue account
- LBS reserves the right to make a charge for any dishonoured cheques, returned Direct Debits or returned payments of any kind.
- The contract is based on the current customs status between the EU and between the EU and UK. All additional costs (customs duties, clearance costs, etc.) resulting from an unexplained Brexit or a changed customs status shall be charged to the purchaser.
- Stated dates or times for deliveries are approximate only
- Failure by LBS to deliver any consignment or part order under the contract shall not entitle the customer to cancel or suspend the contract or any consignment.
Risk and Title
- Risk will pass to the customer so that the customer is responsible for all loss, damage or deterioration to the goods as follows:
- In all circumstances when the consignment or part consignment or other services is delivered and accepted at the premises of the customer or at an address as designated by the customer.
- Title to and all ownership of all goods supplied by LBS to the customer and not paid for will remain with LBS.
Until full payment is received, LBS may without prejudice to any other right recover all goods supplied, whether partially paid for or not.
LBS will not be under any obligation to resell goods recovered. The value of any goods so recovered and sold will be credited to the customer account after deductions in favour to LBS for expenses incurred in the recovery of the said goods.
- Prices of goods quoted do not include delivery to destinations anywhere within or outside the EU or UK.
- The entire cost in the transportation of goods to a destination specified by the customer, either within or outside the EU or UK will be borne by the customer.
- Customers may collect goods in person in accordance with LBS guidelines or may arrange to have a haulier of their choice arrange collection of goods.
- LBS will not accept the return of goods unless there has been a fault at production or unless the goods are damaged prior to or during delivery and then only as specified in 8b) below. LBS do not operate a ‘sale or return’ policy
- Where in the opinion of LBS (which shall be binding on the customer) that the quality of goods is not acceptable, the goods may be returned but must be accompanied by a request for credit signed by the customer and duly authorised representative of LBS.
- All goods supplied by LBS must be stored undercover in dry weatherproof conditions.
- Credit may be given at the sole discretion of LBS providing the goods returned are within the acceptable ‘best before ‘date/period as determined by the LBS ‘batch lot’ Number.
- LBS will library all ‘Lot’ numbers at the time of milling and bagging the whole grain malt.
- Neither milled nor whole malt may be retuned after the best by date printed on the bag
All other goods and services supplied will be as detailed on the manufacturers packaging.
- All containers, cylinders, cases and pallets used in the carrying and delivery of goods will be deemed as non-returnable. Ownership and responsibility of these items passes to the customer at the time of delivery.
- The items detailed in a) do not carry any monetary value and any so returned will not be credited against the customer’s account with LBS.
- The customer is expected to dispose of all containers in a manner befitting the environment
Damage, Shortage or Loss in Transit
- In respect of goods, no claim for any damage, shortage or loss in transit will be considered by LBS unless the customer has given written notice to LBS
- In the case of partial damage, consignment shortage or the complete consignment loss to any carrier other than LBS within 3 working days from the date of receipt of the consignment in question.
- In the case of total loss of consignment in question to both LBS and the carrier, within 5 days of the despatch of the consignment.
Scope of Contract
- Under no circumstance shall LBS have any liability of whatever kind from:
- Any defect in the goods resulting from accident or improper use by the Customer of use by the Customer otherwise than in accordance with the instructions or advise of LBS or neglect or from any instructions or materials provided by the Customer.
- Any goods which have been modified otherwise than by LBS.
The suitability of any goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to LBS.
- Any technical information, recommendations, statements or advise furnished by LBS, its servants or agents not given in writing in response to a specific written request from the Customer before the Contract is made.
- Any mixing of the goods with any other goods or the application of any further process to the goods.
Extent of Liability
- LBS shall have no liability to the customer (other than liability for the death or personal injury resulting from LBS’s negligence) for any loss or damage of any nature arising from any breach of any expressed or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of LBS or in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except in accordance with this condition.
- If the customer establishes that any goods have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description, LBS shall, at its option, replace with similar goods any goods which are missing, lost, or damaged, or do not comply with their description, or allow the customer credit for their invoice value or repair any damaged goods.
- If the customer establishes that any goods are defective, LBS shall, at its option, replace with similar goods or allow the customer credit for their invoice value or to the extent that the goods are not of the LBS’s manufacture, assign to the customer (so far as LBS is able to do so) any warranties given by the manufacturer of the goods to the company.
- The delivery of any replacement goods shall be at LBS’s premises or other delivery point specified for the goods.
- Where LBS is liable in accordance with this condition in respect of only some of the goods, the contract shall remain in full force and effect in respect of the other goods and no set-off or other claim shall be made by the customer against or in respect of such other or other parts of the goods.
- No claim against LBS shall be entertained for any defect arising from any design or specification provided or made by the customer or if any adjustments alterations or other work has been done to the goods by any person other than the company.
- The company shall not be liable where any goods the price of which does not include carriage are lost or damaged in transit and all claims by the customer shall be made against the carrier. Replacements for such lost or damaged goods will, if available, be supplied by LBS at the prices ruling at the date of dispatch.
- In no circumstances shall the liability of LBS to the customer under this condition exceed the invoice value of the goods.
- LBS will be entitled without prejudice to its rights to terminate a whole or part contract with its customer or suspend further deliveries under the contract if the following occur
- If any debts due and payable by the customer remain unpaid.
- If the customer fails to take delivery of any goods under the terms of an agreed volume supply contract
- If the customer becomes insolvent, suffers any writ or proceedings for debt or has a receiver appointed.
- If the customer has a receiving order made against them
- If the customer becomes abusive or offensive to any member of the LBS staff by any means
- Upon termination the price of all goods sold and delivered by LBS to the customer and all outstanding money owed to LBS on any account will become immediately repayable.
- In addition to any right or lien LBS may have, LBS shall have a lien on all LBS goods the customer has in possession at the time that they remain unpaid.
- LBS will not be under any liability to the customer for the failure to perform or delay in performing any of its contractual obligations to the customer attributable to any cause whatsoever beyond the reasonable control of LBS and no such failure or delay shall be deemed for any purpose of these conditions to constitute a breach of contract.
Customer Change of ownership
- Should the customer sell the business during the term of the contract as a willing on-going concern; the contract
- will be automatically transferred to the new ownership of the business. This will be on the basis of continued
production operation. As such this contract will be declared as an on-going liability in any sales process.
- The customer shall have no right under any circumstances to cancel the contract or any instalment or order thereunder without prior agreement and written notice of LBS. If LBS shall give such consent it will be without liability then LBS may make it a condition of that consent that the customer shall pay compensation to LBS as reasonably required. However nothing in this clause will imply that LBS conducts business on a sale or return basis.
- The description of goods and services in the LBS price list is given by way of a description only and the use of such descriptions shall not mean that the sale under this contract is a sale by description.
- The customer shall not exhibit any of LBS products at any public exhibition or trade display without first obtaining the written permission of LBS.
- Every contract to which these conditions apply shall be construed and take effect in accordance with the Laws of Ireland and Irish Courts and the parties shall accept the exclusive jurisdiction of the English courts.
- No waiver by LBS of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.