Terms and Conditions

1) These Conditions apply to all orders for wines and spirits from BB&R Ltd trading as Field, Morris & Verdin (FMV) to the exclusion of any other terms that the buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.                      

2) The Order constitutes an offer by the buyer to purchase the wines and spirits in accordance with these Conditions and no binding contract comes into existence until such time as FMV accepts the order. The Buyer is responsible for ensuring that the terms of the order is complete and accurate.                                                                   

3) All orders are subject to availability of the wines and spirits ordered.                              

4) The prices and conditions are subject to alteration without prior notice and are exclusive of Value Added Tax and shall be the current prices and conditions at the time of the order. 

5) The prices include all excise and other duties (*indicates the fortified duty rate has been applied) unless otherwise stated and are free of delivery costs (if minimum order size is met) within the central London area for all normal wholesale orders. Only pricing on the last published list or agreed between the Sales Manager and Customer will be adhered to.             

6) Delivery & Collection                                                                

a) The minimum order for free delivery is an order value of GBP 200 Separate quotations will be made for Highlands and Islands and delivery lead time will be advised on each occasion.                                                                               

b) A two working day service is offered for all orders placed before 10.30am                                                                                                                  

c) Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. FMV shall not be liable for any delay in delivery of the wines and spirits that is caused by an event outside FMV’s control or the Customer's failure to provide FMV with adequate delivery instructions or any other instructions that are relevant to the supply of the wines and spirits.                                                                          

d) All wines and spirits should be examined on delivery. Any missing or damaged wines and spirits should be noted on the delivery document and promptly reported to FMV.                                                                                                 

 7) Payment                                                                        

a) For properly arranged credit accounts, payment is due by the end of the month following invoice. For all other orders, payment is required in advance of delivery. The right is reserved to charge interest at the rate of 1.5% compounded monthly on overdue accounts. Should any amount be overdue all amounts on any accounts become payable immediately. Our standard ex cellars terms are 30 days from date of shipment. Any alteration to these standard terms will be notified on specific offers in writing.                                                                          

b) Payments are accepted by cheque, bank transfer or debit cards. Cheques should be made payable to BB&R LTD                                                                                

c) Should the buyer have stocks of wines and spirits held by FMV or BB&R Ltd as a paid reserve at our sole discretion at the end of our debt collection process, we reserve the right to recover all sums due from the Customer by either a) selling at our discretion some or all of the Customer’s wines and spirits and to deduct from the proceeds of sale all outstanding sums due and any costs incurred in connection with the sale or b) take back and incorporate as our stock some or all of the Customer’s wines and spirits and to credit against the sums due from the Customer what we reasonably believe to be the current market value of the wines taken back less 8%. In either case the Customer hereby authorises us to sell its wines as its agent and agree that ownership of the wine will transfer to the purchaser or to us as the case may be. We shall not be responsible or liable for any difference in the proceeds of sale or allocated value had the wine been sold through a third party or valued by a third party. Where we sell the wine for more than the sum due from the Customer the balance of the proceeds of the sale will be retained and credited to the Customer’s account and may be utilised to settle any other amounts due to us from the Customer and any surplus refunded to the Customer pending receipt of the Customer’s written request for payment. Should the proceeds of sale not cover the amount due from the Customer we reserve the right to recover the balance from the Customer.                                                                        

d) If we exercise our right to sell any wines held in the Customer’s Private Reserve as referenced above, we may do so through BBX (Berry Bros. & Rudd’s Broking Exchange) and the Customer authorises us to do so on the Customer’s behalf. We reserve the right to select the Customer’s wines to be listed for sale on BBX from the Customer’s holding with us and an administrative listing fee of £30 will also be charged. In order not to affect the value of the Customer’s wine holding we will only list full case quantities for sale and not single bottles or split cases. This could mean we are listing wines in excess of the value of the outstanding debt. The Customer’s selected wines will be listed on BBX at prices based on Wine-Searcher/Livex price for that day. Where no Wine-Searcher/Liv-ex price is available we will be entitled to list your wines at the estimated market rate, at our sole discretion. You will be informed of the listing price by email or post. As we will be listing wines on BBX on the Customer’s behalf, we reserve the right to accept any reasonable bid made for your wines. We will ensure that only the best market rate bids on your wine placed through the BBX system are accepted. However, we cannot be held liable for any market variation should the Customer’s wines be sold at less than the original value or the price paid by the Customer for the wines.                                                                       

e) At FMV’s discretion wines and spirits may be accepted for return and credit but only in complete unopened cases returned in a resalable condition. Wines and spirits no longer listed or bought more than 1 year before the date of return will not be accepted.               

f) Ownership of all wines and spirits delivered to a buyer remains with FMV until the buyer has paid all sums due to FMV on any account.                                                                     

8) Customers' Private Reserves                                                                 

Wines purchased from Fields, Morris & Verdin can be stored (by the complete unmixed case) in our cellars of BB& Ltd. and are recorded in the Customer’s own name separately from Fields, Morris & Verdin’s stock. The cost is charged per dozen bottles (75cl) or part thereof (or the equivalent in other sizes) and is payable per annum in advance. Contact us for information on current charges. A pro-rata monthly charge is made to enter wines into Private Reserves at the time of purchase to cover the initial period; thereafter the annual charge is payable in advance. Fields, Morris & Verdin reserves the right to increase the annual charge on giving prior notice of not less than 30 days to the Customer.                                                                               

Customers receive annual notification of the maturity of wines with further advice and valuations available on request. When withdrawing stock, delivery within the UK is free on Standard and Specified Date services provided the consignment is of at least one unmixed case. Where part of a case is delivered, a £10 administration charge will be applied to each part-case delivered per delivery address.                                                                              

We require three working days’ notice for duty paid wines or 5 working days’ notice for bonded reserves if wines are being collected from our London or Basingstoke warehouses. If stock is withdrawn within a month of the rent invoice date the rental charge will be refunded.                                                               

9) Office Opening Hours                                                                               

a) The office of FMV are open from Monday to Friday 9am-6pm excluding UK public holidays 

b) Christmas and New Year opening hours will be published in November                                                                                                                                      

10) Privacy Policy                                                                            

Please note that in certain cases we may run a credit check on customers; this will be kept completely confidential. Alternatively, if you register for some of our services we will collect information about you to provide such services. You have a right of access to all information we hold about you. If you wish to see this or to receive further information about our privacy policy, please visit our website at www.bbr.com/about/privacy or write to: Company Secretary, Berry Bros. & Rudd, 3 St James’s Street, London, SW1A 1EG.15)                                                                            

11) Data Protection.                                                                       

The Buyer consents to the use by or on behalf of the FMV of personal data (as defined by the Data Protection Act 1998) supplied by the Buyer or held by the FMV for the purposes of administering the Buyer’s account and processing any orders. The Buyer’s statutory rights under The Data Protection Action 1998 remain unaffected.                                                                                                                                        

12) Alcohol Wholesaler Registration Scheme                                                                      

 a) FMV will provide the buyer with our AWRS registration number along with any other reasonable information required as part of the buyers due diligence policy                                   b) FMV, when applicable will request the buyers AWRS registration number along with any other reasonable information required as part of the FMV’s due diligence policy                       

c) Where FMV believes the buyer is intending to sell any stock purchased after the duty point from FMV on a wholesale basis and the buyer cannot or refuses to provide the information set out in point 18 b, FMV must refuse the sale       

13) Risk And Title                                                                            

a) Risk in the wines and spirits shall pass on delivery to the customer (or their nominated delivery address).                                                                          

b) Title shall not pass to the Buyer until FMV has received payment in full (in cash or cleared funds) for:                                                                  

• i) the wines and spirits; and                                                                         
• ii) all other sums which are or which become due to FMV from the Buyer for the supply of all other goods and/or services rendered at any time by FMV to the Buyer on any account.                                                                         

c) Until title to the wines and spirits has passed to the Buyer, the Buyer shall:                            

• i) hold such wines and spirits on a fiduciary basis as the Company’s bailee;         
• ii) not remove, deface or obscure any identifying mark or packaging on or related to such wines and spirits; and                                                                 
• iii) maintain such wines and spirits in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks with an insurer that is reasonably acceptable to the Company. On request the Buyer shall allow FMV to inspect such wines and spirits and the insurance policy.                                                                      

d) The Buyer may resell or use the wines and spirits in the ordinary course of business.           

e) Where FMV is unable to determine whether any wines and spirits are the wines and spirits in respect of which the Buyer's right to possession has terminated, the Buyer shall be deemed to have sold all wines and spirits of the kind sold by FMV to the Buyer in the order in which they were invoiced to the Buyer.                                                                                

f) If before the title to the wines and spirits passes to the Buyer, the Buyer becomes subject to any of the insolvency events referred to in clause 21) below, then, provided that such wines and spirits have not been resold and without limitation to any other right or remedy FMV may have, FMV may at any time require the Buyer to deliver up such wines and spirits and, if the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the relevant wines and spirits are stored in order to recover them. 

g) FMV shall be entitled to recover payment for the wines and spirits notwithstanding that ownership of any of the wines and spirits has not passed from the Company.                                                                   

14) Force Majeure                                                                          

a) FMV reserves the right to defer the date of delivery or to cancel this agreement or reduce the volume of the wines and spirits ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of FMV including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to FMV to terminate the agreement.                                                                     

15) Termination                                                                               

a) FMV may terminate any order with immediate effect by giving written notice to the Buyer if:  

• i) the Buyer suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; or                                   
• ii) the Buyer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors; or                                                                       
• iii) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that of the Buyer; or                     
• iv) a creditor or encumbrancer of the Buyer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or                                                                        
• v) the Buyer ceases, or threatens to cease, to carry on all or substantially the whole of its business.                                                                           

16) General                                                                       

a) If any provision of these conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these conditions and the remainder of such provision shall continue in full force and effect.      

b) Failure or delay by FMV in enforcing or partially enforcing any of its rights and remedies under these conditions shall not be construed as a waiver of any of its rights under these conditions.                                                                      

c) These conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.                                                                        

17) Liability                                                                        

a) Nothing in these Conditions shall limit or exclude FMV's liability for death or personal injury caused by its negligence, or fraud or fraudulent misrepresentation or any matter in respect of which it would be unlawful for FMV to exclude or restrict liability; and                       

b) FMV shall under no circumstances whatever be liable to the buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the order; and    

c) FMV's total liability to the buyer in respect of all other losses arising under or in connection with the order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the wines and spirits paid by the buyer to FMV under the order.                                                                                

d) Nothing shall exclude or limit any statutory rights of the buyer if they are acting as a consumer.                                                                            

18) Warranty                                                                    

a) The Seller warrants that the Goods will correspond with any description given in its price list or specification and be of satisfactory quality and will comply with all applicable UK legislation governing the sale of the Goods and the Seller will at its option refund the purchase price of, or replace free of charge any Goods which its examination confirms are defective provided:     

b) Customer makes a full inspection of the Goods immediately upon delivery;                           

c) Customer notifies the Seller immediately of any defects which it discovers;                      

d) Customer provides a proof of purchase;                                                                           

e) Customer provides the production LOT or BATCH number;                                             

f) Customer has stored the Goods in a suitable environment and at the appropriate temperature; and                                                                     

g) Goods are either made available to the Seller for inspection or returned to the Seller in their original condition and packaging, as the Seller may request.                                                                     

Fields, Morris & Verdin is a trading name of BB&R Ltd.                                                                   

Registered Co. BB&R Ltd, 3 St James’s Street, London SW1A 1EG                                                               

Reg. No. 5492886                                                                             

VAT Reg. GB. 872 5765 85                                                                            

BB&R Ltd. are AWRS approved by HMRC to carry out the controlled activity of wholesaling alcohol in accordance with the Alcoholic Liquor Duties Act 1979 section 88C(1) and regulations made under section 88E.                                                                      

Our AWRS registration number is XHAW00000104302