LIMITED TERMS AND CONDITIONS OF SALE FOR RETAIL AND WHOLESALE CUSTOMERS - JANUARY 2016

These terms and conditions represent the entire agreement between Roosters Brewery Ltd trading as Rooster’s Brewing Co (RBL) and the Customer unless otherwise agreed in writing between the parties. They apply to any contract for sale of goods between RBL and the Customer to the exclusion of any other terms that the Customer may seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of RBL which is not set out in these terms and conditions.

A contract for sale of goods will arise on confirmation by RBL that a Customer’s order is accepted. Confirmation by RBL may be verbal, written or via email. Any time or date for delivery named by RBL is an estimate only and RBL will not be liable to the Customer for any consequences of any delay howsoever caused. Any product ordered by the Customer is subject to availability. Should a product not be available, RBL will contact the Customer to offer a suitable replacement product. Should the Customer not wish to accept such replacement product then no contract for sale will exist between the parties. RBL reserve the right to reject a Customer’s order for any reason. Unless advised to the Customer at the time of ordering, all products supplied by RBL will have at least 28 days shelf life (21 days for Retail Customers) before the quoted best before date on the container.

Any sample, descriptive matter or advertising produced by RBL is produced for the sole purpose of giving an approximate idea of the goods described in them. It shall not form part of any contract or have any contractual force. Any relevant information required under the Food Labelling Regulations or similar legislation together with any relevant traceability information and best before date is contained on either the cask, keg or bottle label or printed on the container.

Each delivery of goods by RBL will be accompanied by a Delivery Note which will show the type and quantity of goods delivered and the relevant payment terms. Customers are required to sign one copy of the Delivery Note which will be retained by RBL as proof that the goods have been accepted by the Customer in accordance with these terms and conditions. RBL warrants to the Customer that the goods supplied will conform in all material respects with their description and will be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). Should the Customer have any concern over the quality of any product supplied by RBL immediately the container has been opened (but only at this time) then notice shall be given to RBL within 24 hours after the concern has been identified. Providing that RBL is satisfied that the Customer’s concern is genuine (after testing the goods if deemed necessary by RBL) then either a refund (pro rata to any goods which have been sold by the Customer) or equivalent replacement goods will be offered by RBL to the Customer. Should any defect in the goods arise because the Customer has failed to follow good trade practice in the storage of such goods then no refund or replacement will be offered and the Customer will remain fully liable to RBL for the goods.

Any bottle or can supplied by RBL is non-returnable and it is the responsibility of the Customer to safely dispose of same. Any cask or keg marked as owned by RBL (the RBL Container) will be kept safely by the Customer for return to RBL either on request by either party or on the occasion of the next delivery to the Customer by RBL. The Customer will under no circumstances allow any RBL Container to be removed from the Customer’s premises by any third party and in the event of such an occurrence will be liable to compensate RBL for any consequential loss of an RBL Container at a rate of £70 per container. The Customer will maintain all RBL Containers in a satisfactory condition and will not deface or obscure any identifying mark on any RBL Container. Should goods be supplied by RBL in any cask or keg identified as belonging to a third party (e.g. an E-Cask or E-Keg) then the Customer will only return any such cask or keg to that third party or their appointed agent.

The risk in any goods supplied by RBL will pass to the Customer on the relevant delivery date. The title to any goods supplied will not pass to the Customer until RBL has received payment in full for the goods supplied. For the avoidance of doubt, title to any RBL Container shall not at any time pass to the Customer or any third party and shall remain at all times with RBL. Until title to the goods has passed to the Customer, the Customer shall hold any goods and RBL Containers on a fiduciary basis as the Bailee of RBL and keep such goods and RBL Containers separately from all other goods and containers held by the Customer so that they remain readily identifiable as the property of RBL.

The price for any goods supplied by RBL will either be confirmed to the Customer at the time that the Customer’s order is accepted or will be in accordance with RBL’s price list applicable to the Customer which has been previously communicated to the Customer. All prices quoted by RBL are exclusive of value added tax (VAT) which will be added to all invoices at the relevant rate and which is due and payable by the Customer to RBL in accordance with the payment terms agreed with the Customer.

Any contract between RBL and the Customer and any dispute or claim arising from it shall be governed by and construed in accordance with English law.