Terms & Conditions of Service.

Cardiff Distillery Canning Manufacturing

1.Definitions

1.1 "Company" refers to Cardiff Distillery, its subsidiaries, employees, agents, and representatives.

1.2 "Client" refers to the individual, partnership, company, or entity engaging Cardiff Distillery for services.

1.3 "Goods" refers to the products processed, packaged, and/or manufactured by the Company.

1.4 "Services" refers to canning, bottling, and any associated services provided by the Company.

2.General

2.1 These Terms and Conditions apply to all Services provided by the Company unless explicitly agreed otherwise in writing.

2.2 By engaging the Company, the Client agrees to these Terms and Conditions.

2.3 No modifications or additional terms provided by the Client shall apply unless agreed upon in writing by the Company.

3.Orders and Purchase Orders (POs)

3.1 Orders must be submitted in writing and accompanied by an official Purchase Order (PO) from the Client.

3.2 The Company reserves the right to reject or delay processing orders not supported by a valid PO.

3.3 Orders are confirmed only upon written acceptance by the Company.

3.4 Any changes to an order must be submitted in writing and may result in revised timelines or costs.

4.Pricing and Payment

4.1 Prices for Services are quoted exclusive of VAT and other applicable taxes unless otherwise stated.

4.2 Invoices are payable upfront unless otherwise agreed in writing.

4.3 The Company reserves the right to withhold Services or Goods if payment terms are not met.

4.4 Late payments will incur interest at a rate of 4% above the Bank of England base rate until the balance is settled.

5.Cancellations and Penalties

5.1 Orders may be cancelled only with prior written notice to the Company.

5.2 Cancellations made less than 15 working days prior to the scheduled production date will incur a cancellation fee of 50% of the total order value.

5.3 Cancellations made less than 10 working days prior to the scheduled production date will incur a cancellation fee of 100% of the total order value.

5.4 If the Company has already procured materials or incurred costs for an order, the Client will be liable for the full cost of materials and associated expenses, regardless of the cancellation timeframe.

5.5 The Company reserves the right to cancel an order if the Client fails to provide necessary materials or specifications on time, with associated costs recoverable by the Company.

6.Product Manufacturing and Liquid Responsibility

6.1 The Company will carry out the product manufacturing strictly in accordance with the Client’s provided method of manufacturing. The Company accepts no liability for any failings, defects, or issues related to the liquid formulation itself.

6.2 It is the sole responsibility of the Client to ensure that the liquid being manufactured is suitable for the intended packaging. This includes conducting all appropriate tests and validations to confirm compatibility with the canning process and packaging materials.

7.Liability for Ingredients or Dry Goods

7.1 If the Company procures ingredients, dry goods, or other materials on behalf of the Client, it does so strictly as an agent for the Client.

7.2 The Company accepts no liability for the quality, suitability, or compliance of ingredients or goods, including any damage, defect, or failure to meet specifications.

7.3 The Client shall remain fully responsible for all costs and risks associated with such purchases, including but not limited to storage, handling, and delivery.

8.Delivery

8.1 Delivery dates are estimates only and not guaranteed.

8.2 The Company is not responsible for delays due to circumstances beyond its control, including but not limited to supplier delays, transportation issues, or force majeure events.

8.3 Risk of loss or damage to Goods passes to the Client upon delivery or collection.

9.Delivery Requirements for Raw Materials and Packaging

9.1 To ensure smooth production, all deliveries of raw materials and packaging must meet the following conditions:

Raw materials must be packaged in clean, durable, and non-contaminating containers suitable for food-grade products. Glass or metal containers are not permitted.

All food-contact packaging and raw material ingredients must be clearly labeled with a product name, batch/lot number, expiration/shelf life date (if applicable), and allergen details, along with any special storage instructions or handling precautions.

Raw materials must be produced and packed within the scope of a suitable HACCP plan.

Previously opened products may only be delivered by prior arrangement, must indicate the remaining quantity and shelf life, and must have tamper-evident seals intact.

9.2 Pallet and Transportation Requirements:

Materials must arrive on clean, intact pallets, stacked safely, and secured with appropriate pallet wrap or strapping.

Vehicles used for transport must be suitable for food-grade products and free from contamination risks.

Packaging materials, including pallets and shrink wrap, must comply with food safety regulations.

9.3 Collection and Rejection Policy:

Damaged packaging, leaking products, or tampered seals will result in delivery rejection.

Cardiff Distillery does not have frozen or chilled storage facilities; materials must be supplied in an ambient stable format or on a just-in-time basis by prior agreement.

All surplus raw materials or packaging must be collected by the Client within 5 working days after production has finished unless otherwise agreed in writing. Failure to collect materials within this timeframe will result in disposal of the materials at the Client's expense.

9.4 Delivery Documentation and Booking:

Deliveries must be booked with Jacob Phillips (jacob@cardiffdistillery.co.uk) at least 48 hours in advance. A delivery reference number (e.g., PO-111) will be issued and must be quoted upon arrival. Deliveries without a reference number may be rejected, and charges may apply.

Delivery documents must clearly state the customer's name, product description, quantity, and delivery date and time to avoid delays or misassignment.

9.5 Hazardous Goods:

If raw materials are classified as hazardous, compliance with all relevant packaging, labeling, and transportation regulations is required.

10. Quality and Warranty

10.1 The Company warrants that Services will be carried out with reasonable skill and care in accordance with industry standards.
10.2 Any defects in Goods or Services must be reported within 7 days of delivery.
10.3 The Company's liability for defective Goods or Services is limited to repair, replacement, or reimbursement at its discretion.

11. Limitation of Liability

11.1 The Company's liability for any claim, including negligence, is limited to the value of the Goods or Services supplied.
11.2 The Company is not liable for indirect, consequential, or incidental losses, including loss of profit or goodwill.
11.3 Nothing in these Terms and Conditions excludes or limits liability for death or personal injury caused by negligence or for fraudulent misrepresentation.

12. Intellectual Property

12.1 All intellectual property rights in designs, processes, or methods developed by the Company remain its sole property unless otherwise agreed in writing.
12.2 The Client warrants that materials provided for Services do not infringe third-party intellectual property rights.

13. Termination

13.1 Either party may terminate the agreement with written notice if the other party breaches these Terms and Conditions and fails to remedy the breach within 14 days of notice.
13.2 The Company reserves the right to terminate Services immediately if the Client fails to pay on time or violates applicable laws.

14. Force Majeure

14.1 The Company is not liable for failure to perform Services due to circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, or supply chain disruptions.

15. Confidentiality

15.1 Both parties agree to keep confidential all information exchanged in connection with Services, except as required by law.

16. Governing Law

16.1 These Terms and Conditions are governed by the laws of England and Wales.
16.2 Any disputes arising shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17. Miscellaneous

17.1 These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements or representations.
17.2 If any provision is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

For any queries regarding these Terms and Conditions, please contact:
Cardiff Distillery
paul@cardiffdistillery.co.uk 02920 098909