Our Terms & Conditions Sale for Business Customers

Parties:

  1. The parties to this contract are:
    1. The Seller: Wildman Brewing Company Limited, a company registered in England and Wales. Our company number is 11764293, Our VAT number is 499 0584 35 and our registered office is at 5 Lords Drive, St George’s, Telford TF2 9UE (hereafter referred to as We/ Us/ Our).
    2. The Buyer: A company, organisation or sole trader buying Our products in the course of business (hereafter referred to as You/ Your).

Purchase via our Website:

  1. The products We supply are natural; they are usually Fairtrade and organic. We hand-roast. They are also seasonal. We cannot guarantee colour or taste from batch-to-batch or even that we can continue to supply one particular coffee or bean throughout the year. Where We are unable to supply a particular bean We will recommend an alternative and will, at Your request, supply tasting samples.
  2. If You are buying in the course of a business, the advertisement of goods on Our website constitutes an invitation to treat and not an offer. You must contact Us in writing to agree the product, quantities, prices and types and methods of delivery available. This may be by a contact form provided on Our Website. Once We receive Your request for goods We will email an offer to supply.
  3. As set out in Clause 7 b) of Our Website terms of Use, Our website is designed for UK residents. If You are based outside the UK We reserve the right to decline to supply.

Offer and Acceptance:

  1. The contract will be made when You accept the terms of Our offer to supply.
  2. An offer to supply remains valid for 7-days from the date stated on Our email agreeing to supply.
  3. The contract will only be concluded in writing. An exchange of emails is an acceptable form of written evidence.
  4. Unless specifically agreed in writing, time of delivery is not of the essence and the contract will presume that the We many supply goods within a reasonable time of acceptance by You of the offer to supply.
  5. Once We have received Your acceptance We will provide You with an Order Number. That order number should be quoted in all future correspondence between the Parties.

Making Changes:

  1. If You wish to make a change to Your confirmed Order please contact Us and We will advise You if the amendment is possible and what the revised terms of Our offer will be. You may then accept or reject the revised terms. If You reject the revised terms, the existing contract will remain valid unless the Parties agree otherwise in writing.

Our Products:

  1. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our products are hand roasted and packed, all sizes, weights, capacities, dimensions and measurements indicated on our website have a +/- 8% tolerance.
  2. The product we provide is a natural product that is hand-roasted using a range of different coffee roasting machines that we own. The product may therefore have minor batch-to-batch variations depending upon the bean, the roaster used and who roasted it.
  3. The packaging of the product may vary from that shown on images on our website. We reserve the right to make changes without notice.
  4. We may make minor changes to Our products:
    • to reflect changes in relevant laws and regulatory requirements; and
    • to implement minor technical adjustments and improvements.

Product Delivery:

  1. You may collect products that You have ordered from Us from our manufacturing premises Unit 11, Lizard Lane Business Village, Lizard Lane. Tong, Shifnal, Shropshire TF11 8QE by agreement in advance. Call 07801 938546, Monday to Friday 8.00am until 6.00pm, otherwise:
  2. If agreed in Our quotation that You have accepted, We will provide local delivery or post to You by the method of delivery agreed.
  3. If We post, the cost of delivery will be included in the terms of Our offer to supply.
  4. We will only supply goods through the post where We can use tracked delivery.
  5. We will not use signed-for delivery services unless You request that We do and agree to pay the additional costs of using such service.
  6. Once We have despatched the item(s) by the agreed form of delivery, We will supply You with a tracking number We are not responsible for delays that our outside of Our control.
  7. Unless the Parties have agreed that the delivery service is a signed for service, then we are not responsible for any loss or damage arising as a result of the carrier leaving the delivery on Your doorstep.

Your responsibility for delivered Goods:

  1. The goods are your responsibility from the time and place of delivery notwithstanding that, if We have supplied on credit terms, the legal property in the goods may remain Ours until We have been paid by You. You must therefore ensure that Our interest in the goods remains protected by Your insurers until such time as payment has been made and the property in the goods has been transferred to You.

Late Delivery where Time is of the Essence:

  1. We are not responsible for late delivery where time is of the essence if such delay is due to an event beyond our reasonable control such as fire, theft, flood at our production facility or breakdown of equipment where there is no prospect of repair in time for us to meet the order; otherwise.
  2. If We are unable to meet Your delivery date without providing reasonable notice that there will be a delay then You may cancel the contract and We will pay the cost for the return of the goods and refund the cost of the goods to You. We will also pay the additional costs incurred by You in sourcing alternative goods but not exceeding 50% of the original value of Your order.

Non-Payment:

  1. If You pay Us on account and Your account is 7-days or more outside Your terms of credit then, at Our absolute discretion We may suspend supply of products to You until Your account is brought back within the agreed terms of credit again.
  2. We will not suspend supply of products if the only reason that Your account is outside normal terms of credit is because there is a dispute over an invoice that We are investigating.

Product Faults:

  1. Nothing in this contract is designed to affect Your statutory rights under the Sale of Goods Act 1979.
  2. If You believe the product as delivered is faulty or has been misdescribed, please contact us as soon as reasonably practicable on 07801 938546 or at advising us of either the order number of the product we have supplied or the product name and date roasted (both product name and date roasted are on the bag).
    • If You believe the product has been misdescribed, please explain to Us why You believe it misdescribed (e.g. you ordered medium roast and we have delivered a dark roast)
    • If You believe the product is defective, please explain to Us why You believe it to be defective.
    • Once We know what is wrong then We will do our best to agree a solution to the problem with You.

Our liability for loss or damage suffered by you:

  1. Our liability for death, injury, loss or damage suffered by You as a result of any products that We supply shall be determined in accordance with the normal standards and rules of English law. The terms of this contract are intended neither to increase nor reduce such liability.
  2. No term in any contract that You might provide to Us will serve to increase or extend our liability to You for death, injury, loss or damage beyond that liability set out in Clause 29.

Cancelling a contract for regular deliveries:

  1. If You have entered into a contract with Us for regular deliveries of a product and We have provided You with a discount based upon the aggregate size of the order then You may cancel upon giving us 60-days’ notice in writing.
    • If the contract still has 9 months or more to run then You will pay us compensation for cancellation equivalent to 75% of the difference between the wholesale price with no volume discount and the price that You have paid on the delivered consignments.
    • If the contract still has between 6 months and 9 months left to run then You will pay us compensation equivalent to 50% of the difference between the wholesale price with no volume discount and the price that You have paid on the delivered consignments.
    • If the contract still has between 3 months and 6 months left to run then You will pay us compensation equivalent to 25% of the difference between the wholesale price with no volume discount and the price that You have paid on the delivered consignments.
    • If the contract has 3-months or less to run, then the contract can be cancelled with no due to Us.
  2. If You have entered into a contract with Us for regular deliveries where We have guaranteed to provide a particular bean and We are no longer able to provide that bean or an alternative bean that is acceptable to You then You may cancel the contract immediately upon serving notice in writing.
  3. We may cancel a contract for regular deliveries if Your account has been in arrears for more than 30-days and You have ignored a 7-day warning in writing. If We cancel due to non-payment then We may claim compensation representing the profit that We would have expected to make had the contract not been cancelled along with interest at 5% above the Bank of England base-rate prevailing at the time of cancellation on the outstanding balance of the account.

General Terms:

  1. We may transfer our rights and obligations under these terms to another organisation. We will always tell You in writing if this happens and We will ensure that the transfer will not affect Your rights under the contract.
  2. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
  3. This contract is between You and Us. Except as set out in clauses 34 and 35, no other person shall have any rights to enforce any of its terms
  4. Each of the clauses of these terms and conditions of sale operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
  5. If we delay in taking steps against You in respect of a breach of any of these terms Our delay does not signify that we have waived Our rights of action. For example, if You miss a payment and We do not chase You but We continue to provide the products, We can still pursue the missed payment at a later date.

Law Applicable:

  1. These terms are governed by English law. We both agree that any dispute over the interpretation of these terms or in respect of any product supplied under these terms will be heard in the courts of England & Wales.