BORDEAUX WINE INVESTMENTS LIMITED ('the Company')

TERMS AND CONDITIONS OF SALE

Set out below are the terms and conditions of sale which shall apply to all contracts for the sale of wines by the Company to you to the exclusion of all other terms and conditions including any terms or conditions which you may purport to apply under any purchase order confirmation of order or similar document.

PRICES

Prices set out in any brochure, price list or any other literature of the Company are in pounds sterling excluding value added tax (VAT) and delivery charges and are for guidance purposes only. All prices are subject to change and should be checked with the Company at the point of order. On acceptance of the order the Company will confirm the price payable.

PAYMENT

Payment is required in full (including VAT and delivery charges if any) within 30 days of the date of invoice (unless otherwise agreed) prior to the wine being released to you. The Company reserves the right to cancel any order if payment is not received in full within thirty days of the invoice and interest shall be charged at the annual rate of 3% above the base rate from time to time of Barclays Bank plc. Such interest will accrue on a daily basis from the date on which payment become overdue up to the date on which the Company receives the full outstanding amount together with accrued interest.

DELIVERY

Arrangements can be made for your order to be delivered anywhere within mainland Great Britain. Details of delivery charges, times and availability can be obtained from the Company direct.

TITLE

All wines remain the property of the Company until payment is received in full.

ORDERS

• i. All orders for wines shall be deemed to be an offer by you to purchase the wines pursuant to these Terms and Conditions.
• ii. Receipt of an invoice from the Company will constitute acceptance of your order pursuant to these Terms and Conditions.
• iii Any variation to these Terms and Conditions (including any special terms and conditions) shall be inapplicable unless agreed in writing.

RISK

• i. On the payment of invoices in full the risk in the wines ordered will pass from the Company to you (with the exception of wines purchased En Primeur) and they will be available for immediate collection or delivery from the Company's storage facility at London City Bond Tilbury.

STORAGE

• ii. Wines ordered will be held at London City Bond for a period of one month from the receipt of payment of invoices in full, (with the exception of wines purchased En Primeur). After this period the wines ordered will be cellared at a charge of £7.60 per case per year (subject to change) payable when wines are collected, delivered or resold (as the case may be) in accordance with these Terms and Conditions.

CANCELLATION OF ORDER BY THE COMPANY

• i.(a) If payment in full has not been received by the Company within 30 days of the invoice date, or
• (b) Prior to such time limit you notify the Company that payment in full will not be made or
• (c) The wines ordered have not been collected or delivered (as the case may be) within three months of payment being received in full, or
• (d) Prior to such time limit you notify the Company that the wines will not be collected or delivered (as the case may be)

The Company shall be entitled to send notice to the invoice address of its intention at the expiry of ten days from the date of notice, to deal with, sell or otherwise dispose of the wines ordered.

• ii. In re-sales of the wines where full payment has not been received by the Company (per i(a) or (b) above) a credit will be made to offset any indebtedness you have to the Company including any accrued interest and storage charges (as applicable), less a 20% administration charge (plus VAT). In the event that the credit is insufficient to offset your full indebtedness the outstanding balance will remain payable by you and will continue to accrue interest at the rate set out in these Terms and Conditions.
• iii. The existence of this right does not affect any other remedies that the Company may have against you.

LIABILITY

All warranties and conditions either implied by statue or otherwise are excluded from these Terms and Conditions. Provided that nothing shall restrict or exclude liability for death or personal injury caused by the negligence of the Company or affect your statutory rights as a consumer.

FORCE MAJEURE

The Company shall not be liable for any failure to meet its obligations under these Terms and Conditions occasioned by circumstances beyond its control.

OVERSEAS ORDERS

The time limits for exports stipulate that goods must be transported to a destination outside the EC by the last day of the third month following that which the goods are purchased or will be liable for UK VAT

ASSIGNMENT

The Company may licence or sub-contract all or any part of its rights and obligations under this contract without your consent.

LAW

All contracts made in pursuance of these Terms and Conditions are made under English Law and are subject to the non-exclusive jurisdiction of the English Courts.