TERMS AND CONDITIONS OF TRADING

1. General

In these terms and conditions of trading the company means Y2K Software  Ltd and its trading divisions. The customer means the customer to whom the company agrees to supply goods. Goods means any equipment or services supplied by the company. These terms and conditions shall apply to all contracts entered into between the company and the customer unless agreed to the contrary in writing by a director of the company.

2. Orders

All orders are subject to availability of goods and to written acceptance by the company. Any prior indications by the company by email, telephone, facsimile, or verbally shall be provisional only.

3. Prices

Websites, catalogues, price lists, videos and other advertising or promotional material are intended to provide an indication only as to the price range and dimensions of goods offered by the company and any variations thereto shall not give rise to any claim against the company. The company reserves the right to pass on to the customer any increase or decrease in the costs of providing the goods that occur between the date of any quotation and the date of delivery.

4. Delivery

a.Dates and times quoted by the company for delivery run from the receipt by the company of a written order or from resolution of technical details whichever is the later. All dates and times quoted are estimates only and any delay in meeting delivery dates will not give rise to a right to cancel the order unless such a right is specifically reserved in the customers written order and accepted in writing by the company.

b.Offers for goods ex-stock are subject to the goods being unsold at the time of the customers order or resolution of technical details whichever is the later.

c.Unless specifically included in the quotations, prices do not include delivery and any delivery charges incurred by the company will be passed on to the customer.

d.The company reserves the right to make part deliveries. Any request by the customer for the company to delay or split deliveries may result in a stocking charge and any additional costs incurred by the company being debited to the customer.

5. Payment

a.Unless agreed to the contrary in writing all invoices to customers who do not have an approved credit account are payable before shipment of the goods against a pro-forma invoice. If the customer has been granted a credit account by the company, invoices are payable with a credit period granted by the company tothe customer at the company's discretion; in the event of any delay or default in payment, the company reserves the right to vary the terms and period of payment upon written notice to the customer at the company's further discretion.

b.If the customer fails to make payment as provided for above, the company will (in addition to any other remedies) charge and be entitled to be paid by the customer interest on overdue accounts at the rate of 5% above the prevailing base rate of the Bank of England per month or part thereof until payment is received.

c.In addition to any other rights available, the company, shall have the right of access to enter the customers premises and upon notification of the failure of the customer to effect payment for any goods to the company, to enter the premises of any third party in physical possession of the goods and to take possession of any goods supplied by the company for which payment is overdue. In exercising such rights to enter and remove goods the company will not be responsible for any damage thereby caused.

6. Force Majeure

The company shall not be liable for any loss whatsoever suffered by the customer in the event of cancellation of the agreement to supply goods if the supply of the goods would be illegal, contrary to manufacturers conditions of sales or the agreement is impossible for the company to perform for whatever reason.

7. Insolvency

a.In the event that the customer is declared insolvent or compounds with its creditors or has distress levied against its goods or assets; or in the case of a limited company compounds with its creditors, or has distress levied against its goods, assets or is wound up or has a receiver appointed for whatsoever reason, the company shall have the right to suspend deliveries until payment has been made for goods already supplied and for all outstanding orders.

b.The customer shall notify the provisions of these terms to all third parties supplied with goods by the customer.

8. Title and risk

a.Risk in the goods shall pass to the customer at the time of delivery to or collection by the customer or its agent whichever is the earlier.

b.Title to the goods shall remain vested in the company (not withstanding the passing of possession and risk to the customer) until the price and all other money due from the customer to the company on any other account has been paid in full.

c.Until title to the goods passes to the customer, the customer shall hold the same in its fiduciary capacity  for the company and shall keep the goods separate from that of the customer and third parties and ensure that the goods are at all times identifiable as the company's property; and the company reserves the right to dispose of the goods and the company may retake possession of the goods at any time. For that purpose the customer agrees that the company or its servants and agents may enter upon any land or premises occupied or used by the customer.

9. Returns

All goods shall be deemed accepted unless rejected within 7 days of delivery or collection of the goods. Notice of rejection must be delivered in writing to the company giving detailed reasons for rejection. 

The Company will provide the customer with a credit note or refund to the value of the original product costs, minus the delivery charges.

A Credit note will be issued to the Customer within 30 days of cancellation and receipt of returned goods. The Customer will be responsible for the delivery costs of returning the goods to Fallen Angel Brewery. Goods being returned must fall under the following criteria.
(i) The goods are unused
(ii) Re-packed securely in original packaging or other sufficiently adequate packaging if original is unusable.
 

12. Returns procedure

Before returning any goods to the company the customer shall :-

a.Notify the company within 7 days of receipt of the goods by letter, e-mail, or facsimile of its desire to return the goods together with the reason for the return.

b.Obtain from the company a return reference number which shall be affixed by the customer to the packaging in a prominent position. This procedure is solely for administrative convenience and the issue of a returns number shall not be taken as an admission of any fault in relation to the goods being returned. No goods shall be returned without the company's prior approval. Cost of returning the goods is borne by the customer unless agreed otherwise.

13. Age Related Goods

The purchase of any age restricted goods by persons under the age of 18 is prohibited. By agreeing to these terms and conditions you are stating you are over the age of 18 and are not buying the goods for any person who is. There maybe from time to time products that can be purchased by minors but all beers may not.  Our couriers have been advised that goods may not be signed for by persons under the age of 18 and that goods may not be left without a signature.

14. Severability

If and to the extent that any provision or any part of the company's standard trading conditions are illegal, void, or unenforceable for any reason, then such provisions or part therefore (as the case may be) shall be deemed to be severable from the remaining provisions or parts of the relevant provisions, as the case may be, all of which remaining provisions shall remain in full force and effect.

15. Law

All contracts shall be deemed to have been made in England and shall be governed in all respect by English law and all disputes, difference or questions at any time arising between the parties as to the construction, validity and performance of the Contract or as to any matters arising out of the Contract or in any way connected with it shall be determined by the English Courts of law to whose jurisdiction the Company and the Customer hereby submit.