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Our terms (Partner Breweries)

1. These terms

1.1. What these terms cover. These are the terms and conditions on which you access our platform and supply products.

1.2. Why you should read them. Please read these terms carefully before you supply goods to us. These terms tell you who we are, how you will access our platform and provide products to us and how we will pay you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1. Who we are. We are BREWSER a company registered in England and Wales. Our company registration number is 13221718. Our registered VAT number is 381579168. We operate under personal license number LBWands/05912.

2.2. How to contact us. You can contact us by contacting our customer service team through our platform or by writing to us at [email protected]

2.3. How we may contact you. If we have to contact you, we will do so by writing to you at the email address you provided to us in your Brewser brewery profile

2.4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1. You are entering into a supply of products contract. By signing up to us as a partner brewer, you are agreeing to provide products monthly to us.

3.2. You confirm you are operating under an appropriate license in the appropriate jurisdictions. By signing up to our platform you agree that you and your operation have the appropriate personal, premises and wholesale licenses and that they are kept valid and up to date in our platform.

3.3. Your account. We will assign you a partner brewery account when you first sign up.

3.4. We only sell to the UK. Our website is solely for the promotion of products in the UK. Unfortunately, we do not currently accept partner breweries or associated supply of product from outside the UK.

3.5. We can currently only supply product to and from certain mainland UK addresses. Currently, we do not ship from partner breweries in the following postcode areas due to logistics restrictions: AB31 to AB38, AB40 to AB56, IV1 to IV28, IV30 to IV32, IV36 to IV40, IV52 to IV54, IV63, KW1 to KW14, PA21 to PA38, PH4 to PH41, PH49 to PH50, HS, IV41 to 49, IV51, IV55, IV56, KA27, KA28, KW15 to KW17, PA20, PA41 to PA49, PA60 to PA78, PH42 to PH44, ZE, Isle of Man & Channel Island & Northern Ireland. We cannot currently accept partner breweries from these locations.

3.6. Previous agreements. You agree that this contract supersedes any existing agreements between you and us.

4. Supply of products

4.1. Your commitment to supply product. By accepting these terms and conditions, you agree to provide products to our customers monthly under the following terms:

  • – You will supply a ‘Brewser Box’, a curated box of beers especially for sale by , us each month for each order, consisting of a minimum equivalent volume supplied of 8 440ml cans or bottles per Brewser box unless agreed in writing with us in advance.
  • – Limited duplication of product within the box each month unless agreed in writing with Brewser in advance.
  • – No product within a Brewser box can be one supplied to a major UK supermarket unless agreed in writing with Brewser in advance.
  • – You agree to supply packaging and pack each box, ensuring the use of double walled cardboard for external boxes alongside adequate internal packaging and separation of cans/bottles and other supplied items where required to prevent damage during shipping.
  • – In terms of range, you can supply the cans / bottles you wish to showcase each month, noting the other clauses in 4.1.
  • – Within a month, you will make every effort to ensure each box provided within that month is consistent in terms of products provided.
  • – You agree that all dietary requirements and allergens are clearly and correctly displayed on your product and also on your own website.
    No product can be supplied at or within 6 months of it’s use-by / sell-by / best-before date.
  • – The products you supply to us are not duty suspended.
  • – You warrant that all products supplied are fully compliant with all statutory and regulatory requirements applicable to the provision of supplied goods and packaging.

4.2. You warrant that you will keep and provide access to us, in respect of records and information relating to the traceability of all materials and ingredients used in the products and packaging.

4.3. Your commitment to communicate products. By accepting these terms and conditions, you agree to share with us (at [email protected]) the contents of each month’s Brewser box at least 2 weeks prior to the first delivery of that month, in writing and/or a clear photograph. These photographs may be used on your Brewser profile on our platform and on our social media and advertising channels

4.4. Your commitment to provide accurate and current details. By accepting these terms you agree to provide and maintain accurate and current details on your brewery profile on our platform, including but not limited to your point of contact, collection address and payment details.

4.5. Your commitment to read your emails. We will contact you by email to communicate orders, share shipping labels etc. You agree to monitor daily these emails and provide secondary point of contacts to cover for example, primary contact leave. You will be responsible for fulfilling orders that we have communicated to you in writing or through your brewery platform profile and we reserve the right to seek fair compensation in the event you do not fulfil those orders.

4.6. Your commitment to maintain your platform profile. By accepting these terms and conditions, you agree to keep your details, including but not limited to your collection address and point of contact, up to date in your brewery profile. We reserve the right to seek fair compensation in the event you do not keep these details up to date. You agree to always contact us in writing (at [email protected]) with any updates of contact email and pick-up address.

5. Providing the products

5.1. We provide delivery. We will provide a courier service through our logistics partners. Pre-paid shipping labels will be provided to you through email and you agree to package the product and attach the labels securely. Courier dates and timings will be communicated to you on a monthly basis. If you are unable to fulfil the order on the given date, please contact us at [email protected] at least 5 working days before the collection date.

5.2. Your fulfilment. Each month we have 2 tranches of subscription customers to give you adequate notice of upcoming orders. Orders placed on our platform before the lock date (twice a month) will be aggregated and communicated to you on the lock date for that tranche. We aim to provide you with 8 working days notice of volumes for each tranche prior to collection by our courier, although this may not be possible for your first collection when you first join the platform.

5.3. We are not responsible for delays outside our control. If our collection of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know.

5.4. Ownership of products. Once collected, we take ownership of the product and you agree for us to sell on those products through various channels for example but not limited to; our platform, other internet outlets, our social media, festivals and events and physical stores.

6. Your rights to make changes

6.1. You set a monthly limit. To ensure the orders do not exceed your capacity, you agree to set and keep updated a monthly limit on Brewser boxes in your brewery profile on our platform. You agree to provide products up to and including this limit in any given month.

6.2. You can update your monthly limit. You agree to update  your monthly limit through your brewery profile for future months. If there are orders placed for those future months, you cannot reduce the cap to below the current orders placed in that month. If you have extenuating circumstances as to why you cannot provide your cap for a future month, please contact us to discuss as soon as possible at [email protected]

7. Our rights to make changes

7.1.  Brewer selects. In the case you are unable to provide their limit in a given month for whatever reason, you agree to us allocating your orders to another brewery.

7.2. Inclusion on the Brewser platform. We reserve the right to temporarily remove your listing from our site for any reason for example platform upgrades and maintenance.

8. Your rights to end this supply contract

8.1. You can end your contract with us if we have not fulfilled this contract. You can end your contract to supply product to us if we have not fulfilled this contract. In this case, please contact us at [email protected] You agree that once ending this contract is agreed by both parties, you must fulfil any orders already in place for current and next 3 calendar months on the Brewser platform but no new orders for you will be accepted.

8.2. You can end the contract with 3 calendar month’s notice. You can end this contract in writing to us and give 3 calendar month’s notice. In this case, no new orders will be accepted after those 3 months, but you agree to fulfil all existing and new orders for that 3-month period.

9. Our rights to end the supply contract

9.1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

  • – You do not supply the requested orders when within your monthly limit for a given month.
  • – You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to display the product or your brewery on our platform, for example but not limited to; brewery profile, brewery logos, contents of future boxes, payment details.
  • – You enter in to any arrangements with your creditors, or file for administration, liquidation or bankruptcy.
  • – You are no longer an ‘independent’ brewery, defined for the purposes of this document as not being owned by a national or international conglomerate / brand.
  • – You provide the product curated especially for us through any other outlets without prior agreement with ourselves, covering both the content and presentation / packaging.
  • – You supply faulty product, or supply product below the required minimum volume or quality unless with prior written contract with us.
  • – You do not keep your Brewser profile, products, or capacity limits updated in the our platform.
  • – You incorrectly display dietary requirements or allergens on your product, our site or on your own website.
  • – You engage in social media or forum activities that are directly linked to, mention or otherwise address Brewser that are or contain derogatory, inflammatory, extremist, foul, racist, sexist or otherwise abusive language.
  • – You (the brewery, staff or management) receives publicity around poor work practises / poor work practises are made evident to us, covering but not limited to discrimination, racism, misogyny, modern slavery across categories as defined by the ILO, paying below the minimum wage, unhealthy or unhygienic working conditions.

9.2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will pay you for any product supplied up to the contract break date (less any product which is below the quality and quantity in clause 4.1) but may deduct an administrative charge of £2.00 for any future orders placed for you in our platform.

10. If there is a problem with the product

10.1. If you notice any issue with your product. If you notice an issue with your product, either prior to collection or after collection, you must notify us immediately in writing at [email protected] If already collected by our logistics partner or delivered to the consumer, we will withhold payment for those products and conduct an investigation (alongside you) at which time we reserve the right to withhold part or all of the payment for those products based on the outcomes of the investigation.

10.2. If we (or our customers) notice an issue with your product. We will inform you of the issue and withhold payment for those products and conduct an investigation as in clause 10.1.

10.3. If your product is damaged during shipping. If we are alerted of damage during shipping of your product, we will accept responsibility and it will not affect our payment to you.

10.4. Your liability for your product. We accept no liability for injury, death or property damage for the products you supply through the Brewser platform.

10.5. Indemnity provision. You will provide an indemnity in respect of damages, interest and legal costs in respect of any claim against us (that cannot be limited, excluded or transferred by agreement to you) arising out of the supply of your products by us to the end user/ consumer.

11. Price and payment

11.1. Pricing for product. For each Brewser box supplied, we will pay you £20.00 excluding VAT (Value Added Tax).

11.2. Changes in pricing. This price is set at this level while you are on our platform. In the event that the rate of VAT changes, we will notify you of the changes in these terms and conditions and gross payments will be adjusted accordingly.

11.3. Our payment terms are 30 calendar days. Our standard payment terms are 30 days. You agree to invoice us at the end of each month for the products (across both tranches of customers) supplied within that month. The 30 days starts from the collection of the first tranche in that month by our logistics partner.

11.4. Your provision of credit to us. Under the above terms in clause 11.3, you agree to provide credit to us for all products sold through the platform from you up the limits you specify for each product within our platform.

11.5. We will pay you through bank transfer. We will make payments direct to your account. For each box you provid, you will be paid at the rate set out in clause 11.1 excluding any products as outlined in section 10.

11.6. We will not pay for faulty products. We will not pay for any products that are found to be faulty or not meet the standards set out in clause 4.1.

11.7. Notifying us of payment issues. You agree to notify us in writing if an expected payment has not been received within the timescales outlined in clause 11.3.

12. Our responsibility for loss or damage suffered by you

12.1. Liability for negligence. Nothing in this contract in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

12.2. Remedial action. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.

12.3. Where we are not responsible. We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:

  • – There is no breach of a legal duty of care owed to you by us or by any of our employees or agents.
  • – In no event (including our own negligence) will we be liable for any:
    economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings). loss of goodwill or reputation. special, indirect or consequential losses; ordamage to or loss of data (Even if we have been advised of the possibility of such losses).
  • – Such loss or damage was not foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract).
  • – Such loss or damage is caused by you, for example by not complying with this contract; or such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).

12.4. You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this contract (subject of course to our obligation to mitigate any losses).

12.5. Where we are not responsible if you are not a partner brewery.
Our liability of any kind (including our own negligence) is limited to the price paid for the goods. In no event (including our own negligence) will we be liable for any; economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings). loss of goodwill or reputation. special, indirect or consequential losses; or damage to or loss of data (Even if we have been advised of the possibility of such losses).

12.6. You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this contract.

12.6. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this contract.

12.7. This contract constitutes the entire contract between us with respect to its subject matter and supersedes any previous communications or contracts between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this contract is excluded.

12.8. Events outside our control. We are not liable for failure to perform or delay in performing any obligation under this contract if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

13. How we may use your personal information

13.1. How we may use your business information. We will only use your personal information as set out in our privacy policy.

14. Other important terms

14.1. Dispute management. You confirm that in the event of a dispute arising as to the contract, each party will agree to mediate in the first instance.

14.2. Our joint commitment to sustainability. By agreeing to this contract, you agree for us to contact you regarding our and your sustainability and environmental impact, including discussions around how we can work together to reduce our and your impact on the environment.

14.3. We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within one month of us telling you about it.

14.4. Nobody else has any rights under this subscription contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a collection and we do not chase you, we can still require you to make the payment at a later date.

14.7. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law, and you can bring legal proceedings in respect of the products in the English or Welsh courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

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