armit Standard Terms & Conditions

Goods are sold and supplied to the Buyer by John Armit Wines Limited trading as armit (‘the Company’) upon the following standard terms and conditions of sale. Receipt of an order from a customer who has been notified of these terms and conditions shall constitute acceptance of them. Any variation in these terms and conditions must be agreed in writing.

Our current prices for all goods and services are as quoted on our web-site, www.armit.co.uk, which where necessary is revised on a daily basis, or as specifically agreed with the customer. All prices are quoted In Bond or Duty Paid (which includes duty and VAT at the prevailing rates). All wines are offered subject to availability. We do not undertake to restock sold lines. Unless otherwise stated, prices are for a case containing 12 x 75 cl bottles.

Wines purchased In Bond will become liable to Duty and VAT which will be invoiced (at the rates prevailing at the time) when dispatched from our warehouse.

All orders will be processed on a first come first served basis, when received via the web-site or by telephone, e-mail, fax or post accompanied by your credit or debit card details. We only open credit accounts for private clients by prior agreement; our preferred mode of trading is by way of bank transfer or debit card detail with order. Existing credit customers are required to settle their accounts within 30 days (or such other period as is agreed in advance in writing) of invoice date following which interest will be charged at a rate of 3% above the base rate of HSBC Plc from time to time (both before and after judgment where applicable).

The minimum order is one case (9 litres or 12 (75cl) bottles). Wherever possible delivery will be made within 10 working days. If the purchase is online, there is a maximum order size of 10 cases. A single drop is our objective, but we reserve the right to divide deliveries. Delivery is free for all orders of £250.00 and over, anywhere in mainland UK. Standard delivery at £15.00 per drop applies to orders of under £250.00 in value. Delivery times and charges for other areas, including the Scottish Isles and Northern Ireland, are available on request. We offer an export service; please contact our Operations team for details.

The charges are £15 per delivery for all wines delivered from Reserves irrespective of the number of cases delivered.　

Claims for breakages and missing bottles must be notified either in writing on the consignment note at the time of delivery or by post, fax or e-mail to be received by us within five working days of delivery. Non-delivery must be reported within fourteen days of the order date.

Property in Goods ordered from the Company shall pass to the Buyer when all monies owed by the Buyer to the Company have been paid. Until the property in Goods has passed to the Buyer, the Buyer shall (save in the case of any resale by the Buyer) keep each consignment of Goods from the Company separate and marked as being the property of the Company and such Goods shall be properly stored, protected and insured and the Buyer shall hold them in a fiduciary capacity. The proceeds representing the invoice price of the Goods (including without limitation, insurance proceeds) shall be for the account of the Company and shall be held by the Buyer in trust for the Company and kept separate from the Buyer’s own funds and those of third parties. If the Buyer shall fail to pay owed sums to the Company when due, the Company may, without prejudice to any other right or remedy, enter any property of the Buyer and take from the Buyer possession of any Goods in which the Company has retained rights. The placing and acceptance of orders shall form a contract on these terms, conditional upon our written confirmation of order which may be by the delivery of an invoice.

The Company may terminate the contract by written notice if the Buyer becomes insolvent or is deemed to be unable to pay its debts within the meaning of Sections 123 or 268 of the Insolvency Act 1986, or if the Buyer enters into an individual voluntary arrangement pursuant to the said Act.

‘En Primeur’ is a French term for wine sold as a ‘future’, i.e. before it is bottled. Customers pay the opening price at the time the offer is made; the wine is then shipped after bottling, usually in Spring or Summer two years later. Once the additional costs of Duty, VAT and Delivery have been paid, the Company will arrange delivery of your order. Alternatively, wines can be stored In Bond on payment of the appropriate fee.

En primeur sales are subject to the following special conditions :

1. A contract for the sale or supply of wine by armit en primeur shall be made in writing, shall incorporate these terms and conditions and shall be of no effect until it has been signed by or on behalf of both armit and the customer.

2. On condition that:

(a) we enter into an Agreement in accordance with condition 1 above to sell a specified quantity of wine or wines, and

(b) the Customer tenders payment in full for the wine which he specifies, together with any additional charges such as specific bottling charges.

On receipt of the order the Customer becomes entitled to receive unascertained cases of wine at the time when notice is given in accordance with condition 3 below.

3. armit shall be under no obligation to deliver or make available for collection wine held en primeur until armit has given notice to the Customer that armit is ready to do so.

4. Items from our stock shall be allocated to the Customer’s ownership following notice in accordance with condition 3 when :

(a) they have been shipped to the UK and removed from our warehouse in accordance with his written request to draw down or

(b) armit is placed in liquidation, whether voluntary or compulsory, or a receiver is appointed over any substantial part of the assets of armit.

1.       We maintain separate secure records for all our customers’ reserves.
2.       Client wines are held physically separated in a designated account at the warehouse.
3.       We store wine for our customers both Duty Paid and In Bond.
4.       In January each year we will send each Client a statement of their reserve that itemises all the wines we hold for them and acts as a stock certificate. We will also provide valuations on the top Classed Growth Bordeaux, top Burgundies and great Italians that you are held on your behalf.
5.       Customers may inspect their reserves at any time during normal business hours by prior arrangement. Please call our Operations Team on 020 7908 0630 or e-mail operations@armit.co.uk if you wish to make an appointment to visit our cellars.

6. Wine may only be withdrawn from Reserves in whole cases.
7. Your property is insured on an "All Risks" basis whilst storage is arranged by us.

(a) Customers whose wines were in store prior to 1 January 2007
1. Every case is identified by a label with the customer’s name and rotation number on it. The rotation number is unique to each customer.

(b) Customers with wine bought from armit and stored with effect from 1 January 2007
With effect from 1 January 2007 we have altered the terms upon which we accept instructions to store and insure customers’ wine, which are now as follows:
(1) On condition that:
(a) we receive from the customer written instructions to sell to, store and insure a specified quantity of wine or wines.
(b) the customer tenders payment in full for the wine which he specifies, together with such charges for storage and insurance as can be anticipated at the time of the order; and
(c) wine sufficient to fulfill his order is available within our stock at the time of order.
on receipt of the order the customer becomes the owner of unascertained cases of wine within our current stock, which he may then draw down on reasonable notice during working hours.

(2) Items from our stock shall be allocated to the customer’s ownership when
(a) they are removed from our warehouse in accordance with his written request to draw down, or
(b) John Armit Wines Limited is placed in liquidation, whether voluntary or compulsory, or a receiver is appointed over any substantial part of the assets of John Armit Wines Limited.

(c) Wines stored but not sold by armit with effect from 1 January 2007.
We are also prepared to provide, to customers who buy wine from us, facilities for storing wine which they have bought elsewhere. These arrangements are invariably subject to individual negotiation but the following principles apply.
(1) Any stock bought into our warehouse must be the property of the customer and must be clearly identified as such. Where necessary we reserve the right to investigate the provenance of wine before accepting it for storage.
(2) The customer will be required to warrant his title to the wine and to indemnify armit in respect of any third party claim to or in respect of it and in respect of any legal or other costs involved.
(3) Armit accepts no greater liability for the safe keeping of the wine than that of a warehouseman.
(4) Should the customer suffer loss due to the negligence of armit or any of its employees or contractors the customer agrees that armit’s liability shall be limited to either (a) the value at which the wine has been insured by the customer or (b) the value of the wine at the time of deposit in armit’s warehouse, whichever is lower.

(d) General
A contract made under (a), (b), or (c) above shall be set aside, and subject to the refund of any sums held by us to the customer’s account, our obligations to the customer shall cease if or when:

(a) The customer fails within 30 days to settle any invoice issued by us in respect of storage charges
(b) The customer becomes insolvent or is deemed to be unable to pay his debts within the meaning of Sections 123 or 268 of the Insolvency Act 1986, or enters into an individual voluntary arrangement pursuant to the said Act, or
(c) The wine is destroyed by a natural disaster or Act of God or similar occurrence other than one caused by the negligence or breach of contract of John Armit Wines Ltd.

We offer sale or return on wines for larger functions up to 25% of the value of the order and contingent on the wine being returned in unopened cases in a condition fit for resale. Please ask for further details when ordering. There is a modest charge for the collection of wine to be returned. Except where agreed in advance no sale shall be on a sale or return basis.

Goods are sold and supplied to the Buyer by John Armit Wines Limited and its subsidiaries (Company) upon the following standard terms and conditions of sale. Any variation in these terms and conditions must be agreed in writing. ‘Contract’ means a contract for the sale of any goods by the Company to the Buyer.

1.1 Prices are quoted per case, duty paid but excluding VAT, unless otherwise stated, and are correct at time of publication.

1.2 Prices quoted are subject to market fluctuation, changes in rates of currency and changes in duty and VAT. In the event of a price change between the date of the Company’s order confirmation and the date of delivery or despatch, the Company will notify the Buyer in writing of the change, and the reason(s) therefor, and the Buyer will be bound to pay for the goods at the revised price.

1.3 All products are offered subject to availability. The Company shall have no liability for failure to meet a confirmed order where the products in question prove to be unavailable.

Unless otherwise stated, prices quoted for wines are per case of 12 bottles (75cl), 24 halves (37.5cl) or 6 magnums (150cl). The minimum order is one 9 litre case.

3.1 The Company will not supply any products to any Buyer on credit terms until the Company has approved the Buyer’s application for a credit account.

3.2 No individual Contract will be formed until the Company has confirmed in writing its acceptance of the Buyer’s order.

4.1 The Company’s invoices are due for payment 30 days from the end of the month in which they are dated or such earlier date as the Company may stipulate at the time of granting credit, without any deduction, withholding or equitable set-off by the Buyer in respect of any alleged counter-claim.

4.2 The Company shall be entitled to charge interest at a rate of 4% per annum above LIBOR from time to time on any payment which is overdue, from the due date until payment.

Delivery of orders less than £250.00 ex VAT in value will be subject to a £15.00 plus VAT delivery charge within mainland UK.

Orders placed by 12.30pm will normally be delivered the next working day in the London area. Delivery outside London, but within mainland UK, will normally take 3-5 working days. Delivery times and charges for other areas, including the Scottish Isles and Northern Ireland, and for goods to be exported from the UK, are available on request and will be stated in the order confirmation.

All goods must be checked by the Buyer on delivery. Claims for breakages and/or missing bottles or cases must be noted in writing on the consignment note or electronic handheld device at the time of delivery and notified to the Company within 3 working days thereafter. Claims for total non- delivery must be notified to the Company within 7 working days of the agreed date of despatch. Failure to comply with these requirements will entitle the Company to reject the relevant claim for loss, damage or non-delivery.

7.1 The risk in goods sold by the Company (Goods) shall pass to the Buyer on completion of delivery.

7.2  Legal title to the Goods shall remain with the Company until it has received payment in full in respect of:
       7.2.1 the Goods; and
       7.2.2 any other goods, or services, that the Company has supplied to the Buyer.

7.3 Until title passes, the Buyer shall hold the Goods on a fiduciary basis as bailee for the Company and shall keep the Goods separately stored, properly protected, insured for their replacement value, and clearly identified as the Company’s property.

7.4 Subject to clause 7.5, the Buyer may sell the Goods in the ordinary course of its business, but may not sell the Goods to a company which is a member of its corporate group, or with which it is connected or associated, without the prior consent in writing of the Company.

7.5 The Buyer's right to possession of the Goods, and its right to sell them, shall terminate immediately if the Buyer ceases to trade or becomes insolvent, or any proceeding or application to court is commenced relating to the insolvency or possible insolvency of the Buyer, or if the Buyer suffers or allows any execution to be levied on his/its property, or is in breach of any of his/its obligations under this or any other contract between the Company and the Buyer.

7.6 Upon termination of the Buyer’s right to possession:
7.6.1 all sums owing to the Company shall immediately become due, notwithstanding that any period(s) of credit permitted under this or any other contract between the Company and the Buyer may not have expired; and
7.6.2 unless the Buyer immediately pays or procures payment of all such sums, the Buyer shall immediately and at its expense deliver up all unsold Goods to the Company or as it may direct, free from any lien or other encumbrance.

7.7 The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises of the Buyer, or to which the Buyer has a right of access, where the Goods are or may be stored in order to inspect them or, where the Buyer's right to possession has terminated, to establish whether any such goods are located there and, if so, to recover them.

7.8 Where the Company is unable to determine whether any goods are Goods in respect of which the Buyer's right to possession has terminated, the Buyer shall be deemed to have sold all goods sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.

7.9 The Company shall be entitled to recover payment for the Goods notwithstanding that title to any of the Goods has not passed to the Buyer.

The Company warrants that any product purchased from the Company will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

9.1 In this clause 9 ‘Claim’ means and includes any claim for any loss arising under or in connection with a Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.

9.2 Subject to clause 9.6, the Company shall not be liable to the Buyer in respect of any Claim for any indirect or consequential loss arising under or in connection with a Contract, including without limitation any of the following types of loss (even if resulting from a deliberate breach of the Contract by the Company, its employees, agents or subcontractors):
       9.2.1 loss of income or revenue;
       9.2.2 loss of business;
       9.2.3 loss of profit;
       9.2.4 loss of anticipitated savings;
       9.2.5 loss of data; or
       9.2.6 waste of management, staff or office time or resources, provided that this clause 9.2 will not prevent any claim for loss of or damage to the Buyer’s tangible property that was foreseeable, or any other claim for direct loss that is not otherwise expressly excluded or limited by this clause 9.

9.3 Subject to clause 9.6, the Company’s maximum aggregate liability to the Buyer in respect of all and any Claims shall be limited to twice the purchase price of the relevant goods, exclusive of any VAT payable thereon.

9.4 Subject to clause 9.6, the Company shall not be liable to the Buyer in respect of any Claim unless written particulars of that Claim are notified by the Buyer to the Company within one year after the date of delivery of the relevant goods.

9.5 Except as set out in these terms and conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from every Contract.

9.6 Nothing in this clause 9 excludes or limits the Company’s liability for:
       9.6.1 death or personal injury caused by its negligence;
       9.6.2 fraud or fraudulent misrepresentation;
       9.6.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
       9.6.4 defective products under the Consumer Protection Act 1987; or
       9.6.5 any other matter for which it would be illegal for the Company to seek to exclude or limit its liability.

In any of the events referred to in clause 7.5, the Company may without liability to the Buyer suspend performance of or cancel any confirmed but unfulfilled order(s) from the Buyer, and all sums owing to the Company shall immediately become due and payable.

The Contract, 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 irrevocably submit to the exclusive jurisdiction of the courts of England and Wales

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