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 despatched 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 no longer open credit accounts for private clients except by prior agreement; our normal mode of trading is by way of credit or debit card details 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) after invoice 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 judgement 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 you buy 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.

It has always been armit policy to provide free delivery from Client Reserves - this has meant subsidising the actual costs incurred. The dramatic increases in fuel costs led us to review this policy. This review also showed that with increasing proportions of wine not purchased from armit being stored, our opportunity to recover even part of the actual costs has reduced. Regrettably we have therefore modified our policy: with effect from 1st March 2008 we will be charging £15 per delivery for all wines delivered from Reserves irrespective of the number of cases delivered. We hope that clients will be able to reduce the impact of this change by withdrawing several cases at a time.

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 received by us within 5 working days. Non-delivery must be reported within 14 days of the no

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, we will arrange delivery of your order. Alternatively, you can have the wines stored In Bond at our cellars in Wiltshire and defer paying duty and VAT until you wish to take delivery.

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 you a statement of your reserve that itemises all the wines we hold for you and acts as a stock certificate. We will also give you valuations on the top Classed Growth Bordeaux, top Burgundies and great Italians that we hold for you.
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. We will insure your property on an "All Risks" basis whilst storage is arranged by us. The insurance will be purchased by John Armit Wines Ltd (JAW) on its own behalf and will be subject to the terms, conditions and exclusions of the policy, a copy of which is available on request. JAW will continue to insure the goods on an "All Risks" basis until they are withdrawn by you or if we advise you to the contrary. JAW will use the insurance proceeds to reimburse customers for any losses suffered which are covered by the policy.

(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 fulfil 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.

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