1. Basis of Contract

 

1.1 These terms and conditions (these "Terms") along with the online order form (the "Cask Order Form") comprise the contract (the “Contract”) for the acquisition of a cask of whisky (the “Cask”) laid down by CVH Spirits Limited a company registered in Scotland under company number SC109881 whose registered office is at 8 Milton Road, College Milton North, East Kilbride, Scotland, UK, G74 5BU(referred to herein as “CVH Spirits”, “we”, “our” and “us”).

 

1.2 The Order Form constitutes an offer to CVH Spirits to acquire rights to the Cask on the basis of and subject to these Terms. The Order Form may be accepted or declined by CVH Spirits in its sole discretion. The Contract shall enter into force only upon written acceptance of the Order Form by CVH Spirits.

 

1.3 The Contract is between CVH Spirits and the customer whose details appear on the Cask Order Form (referred to herein as the “Customer”, “you” and “your”).

 

1.4 The Contract along with the documents referred to in it shall apply to the Cask and the Customer’s rights thereto to the exclusion of all other terms, whether referred to in correspondence, sought to be incorporated by the Customer, or implied by course of dealing or otherwise.

 

 

2. Ownership

 

2.1 Notwithstanding the Customers right of ownership in the Cask it may not be released from bond for bottling until CVH Spirits has itself approved this.

 

 

3. Availability

 

3.1 Samples of Cask Contents and visits to where Cask Contents are laid down may be made available to Customers by arrangement with CVH Spirits, however any samples shall be limited to one sample of 100ml in any one calendar year.

 

3.2 The Customer must be of legal age for consuming and purchasing alcoholic beverages and lawfully able to purchase and consume alcoholic beverages in the United Kingdom and their location of residence when entering into the Contract and when accessing Cask Contents.

 

 

4. Contact

 

4.1 An email address for the Customer must be supplied on the Cask Order Form and contact by the Customer with CVH Spirits will be solely via this email address. It is the Customer’s sole responsibility to maintain this email address as operable. The Customer may update this email address by notifying CVH Spirits, and any instruction, request, information, or notification given by the Customer given via this email address shall be deemed given when actually received by CVH Spirits. CVH Spirits shall be entitled to rely upon any email given via this email address as being given by the Customer. CVH Spirits may contact the Customer using this email address, or via the postal address given for the Customer upon the Order Form, and any instruction, request, information or notification given via such means shall be deemed given when dispatched by CVH Spirits.

 

 

5. Transer of Right to Cask Contents

 

5.1 Should the Customer wish at any time to transfer their ownership in the Cask to another person or body, then they may do so providing such person or body acknowledges in writing to CVH Spirits that they are bound by the Terms and Conditions of this contract as if they were the Customer.

 

 

6. Pricing

 

6.1 Payment of the price for the Cask is required by the Cask Sales closing date.

 

6.2 The price is dependent on cask type, size and volume, and shall be as specified on the Cask Order Form.

 

6.3 In addition to the Cask, the price includes storage and insurance costs for a period of five (5) years. If the Customer wishes the Cask to be stored and insured for a period in excess of five (5) years, CVH Spirits will charge, and the Customer shall pay CVH Spirits for such further storage, at such rates as CVH Spirits notify to the Customer or (failing notification) CVH Spirits generally apply at the relevant time. Further storage and insurance shall be cha rged in increments of no less than one (1) year. For the avoidance of doubt, insurance cover does not include spirit loss incurred through Angels Share evaporation and applies only to the provisions of the insurance contract pertinent to the Cask as held by CVH Spirits from time to time. Additional insurance cover can be provided on request and at costs applicable at the time.

6.4  Further storage and insurance shall be charged if the Customer does not contact CVH Spirits at least one (1) month prior to the fifth year anniversary of the Cask fill date, or subsequent additional year, to arrange bottling and/or removal of the Cask. At the sole discretion of CVH Spirits and following bottling (if appropriate) of a Customers Cask, a refill service may be offered specific to the Cask on such terms and conditions as CVH Spirits shall solely determine.

 

6.5 Save in respect of the provisions as detailed in clause 3.1 hereof, if part of the Cask contents is removed, CVH Spirits may charge (and the Customer shall pay) the further storage and insurance costs as if the full Cask contents remained in storage with CVH Spirits.

 

6.6 CVH Spirits shall have a lien over the Customer’s Cask for any debts, claims or liabilities for which the Customer is liable to CVH Spirits and upon default by the Customer in meeting such debts, claims or liabilities within 30 days of the due date of payment. For example, if the Customer fails to pay:

 

i.   The price of the Cask by the due date of payment under clause 6.1; or

 

ii.   The additional storage and insurance charges under clause 6.4 by the due date for those payments,

 

CVH Spirits shall serve a notice of non-payment to the Customer, giving the Customer an additional 30-day grace period to make the overdue payment. Should the Customer fail to make payment within the 30-day grace period, CVH Spirits shall be permitted to exercise its lien. CVH Spirits shall notify the Customer in writing that it is exercising the lien. Such lien will permit CVH Spirits to sell the Cask or all or part of the Cask content to satisfy the debt due by the Customer to CVH Spirits. Subject to clause 5, CVH Spirits does not recognise any notice of charge, security, third party lien or other third party right over the Customer’s Cask, and will treat the Customer (or transferee under clause 5) as the sole owner of the Cask and its content.

 

 

7. Leakage, Evaporation etc.

 

7.1 The price includes the cost of maintaining a suitable cask for storage of the Cask contents.

 

7.2 The Order Form sets out the nominal volumes of the casks in which the Cask contents shall be stored. However, casks vary slightly in shape and size and the actual bulk fill content will vary slightly from cask to cask. The actual fill volume will be recorded and noted at the time of filling.

 

7.3 Should a cask leak, CVH Spirits will replace any Cask contents lost as a result of such leakage, with such spirit as they determine is suitable in the circumstances. The Customer acknowledges and agrees that as a natural part of the process of maturation of Cask contents, some Cask contents will be lost due to evaporation. In the event of complete or irreparable substantial loss of or damage to Cask contents due to a breach of this Contract by CVH Spirits, CVH Spirits shall, as your sole remedy and in full satisfaction of its liability to you, either (as determined by CVH Spirits) offer you (1) a replacement or (2) repay the amount you have paid for the Cask, or (if greater) the amount paid by the insurer of the Cask to CVH Spirits in respect of that loss or damage.

 

7.4 New make spirit will be filled into the chosen cask as specified on the Cask Order Form at natural strength, around 68% ABV. During maturation spirit evaporates from the cask at an annual rate of approximately 2% (referred to as the Angels’ Share.)

 

 

8. Tax and Duty

 

8.1 CVH Spirits will invoice the Customer for such value added tax and other taxes and duties as are required under law and which arise from its performance of the Contract from time to time, and the Customer shall pay these to CVH Spirits when required by CVH Spirits.

 

8.2 Laws relating to tax and duty can change. The Customer should seek their own professional advice and assistance on their tax and duty compliance and payment obligations. CVH Spirits do not advise upon, are not advising upon, and will not advise upon, the Customer’s tax and duty obligations arising from the Contract and it is the Customer’s sole obligation to satisfy itself in this respect and to meet its obligations under law in this respect.

 

 

9. Storage and Removal

 

9.1 All Cask contents will be stored under bond by CVH Spirits either at our bonded warehouse at Bunnahabhain Distillery or if requested, at Deanston Distillery. The Cask cannot be removed from the bonded warehouse in which it is stored until five (5) years from the date of cask fill or if earlier the date on which CVH Spirits agrees.

 

9.2 Bottling of Cask contents will be the Customer’s responsibility and must be undertaken at the Customer’s cost and expense and by arrangement with, in coordination with, and in accordance with the directions of CVH Spirits. CVH Spirits can provide assistance in this respect, which will be subject to further charges. Please contact us if you require further information.

 

9.3 It shall always be the Customer’s sole responsibility to make the necessary arrangements and payments, including payment of applicable tax and duty, in relation to the release of Cask contents from CVH Spirits’ bonded facility. These sums may be charged by CVH Spirits to the Customer.

 

9.4 The Customer must, if CVH Spirits request, provide CVH Spirits with any documentation which it requires in relation to the release of the Cask contents from their bonded facility, payment of duty and tax, or otherwise. Removal of Cask contents shall be conditional upon provision of such documentation.

 

 

10. Cask Contents Samples

 

10.1 Subject to the provisions of clause 3.2 hereof, samples may be sent internationally at an additional cost, however there may be some restrictions in the Customer’s country, and duty and other charges may be payable on importation, which the Customer will be liable for. It shall be the Customer’s responsibility to clear the sample through customs and pay any duty or other charges.

 

 

11. Bottling and Labelling

 

11.1 When Cask contents are removed, they must be bottled and labelled. Either CVH Spirits shall undertake the bottling and labelling, or another bottler approved by CVH Spirits. CVH Spirits will charge the Customer for the bottling and labelling at its then current rates for such services, in addition to charging for any other sums referred to herein.

11.2 The expressions "Bunnahabhain", "CVH Spirits" and all associated logos and devices are the property of CVH Spirits. Under no circumstances may the Customer use the expressions or any associated logos and devices other than as expressly permitted by CVH Spirits in writing. For the avoidance of doubt, in any bottling of the Cask contents, the Customer shall be entitled on the label or packaging to use the phrase "Distilled at Bunnahabhain Distillery". In addition, the date of distillation may be added.

 

12. Termination

 

12.1 The Customer shall be liable to CVH Spirits for all loses, cots and expenses incurred arising out of any breach of this Contract by the Customer.

 

13. General

 

13.1 This Contract is goverened by the law applicable in the part of the United Kingdom in which you are resident. If you are resident out with the United Kingdom, it is goverened by Scottish law. In entering into this Contract, you agree that where this Contract has been translated into a language other than English, the English language version will prevail. If a part of the Contract is deemed not to apply by applicable law, the remaining parts of the Contract will remain in effect. A waiver of any right or privilege under or in relation to the Contract by CVH Spirits, must be given in writing to be effective.