Cask Programme Terms and Conditions

Orders

Orders must be communicated in writing to an authorised representative of the National Distillery Company.

National Distillery Company reserves the right to reject or amend any order made in its absolute discretion. Receipt of any order by National Distillery Company is not effective until it is confirmed and accepted in writing by way of email, by National Distillery Company to the Customer.

No order which has been accepted by National Distillery Company may be cancelled by the Customer.

Delivery and Storage

Except as otherwise provided in the Order Form, and unless otherwise agreed in writing between the Customer and National Distillery Company, all prices are given by National Distillery Company shall include:

• Storage of the Goods 
• Insurance for the Goods
• Packing and delivery of the Goods from the National Distillery Company warehouse to the destination as designated by the Customer
• The Customer may collect the Goods from the warehouse at any time after the National Distillery Company has notified the Customer that the Goods are ready for collection
• Once the Goods have arrived at the stipulated destination, full title and control will pass to the Customer

Risk and warranty

National Distillery Companyshall not in any circumstances be liable for any indirect or consequential loss or damage arising from wastage, spoilage or the deterioration of any Goods, the loss of market for the Goods, decline in the value of any Goods or for the damages arising from or attributable to any cause.National Distillery Companyshall not in any circumstances be liable or obliged to repurchase the Goods or to effect any future sale of the Goods.

Force Majeure

National Distillery Companyshall not be liable to the Customer or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any ofNational Distillery Company’sobligations in relation to the Goods, if the delay or failure was due to any cause beyondNational Distillery Companyreasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyondNational Distillery Company’s control:

• Act of God, explosion, flood, tempest, fire or accident;
• War or threat of war, sabotage, insurrection, civil disturbance or requisition;
• Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
• Import or export regulations or embargoes; and
• Strikes, lock-downs or other industrial actions or trade disputes (whether involving employees of National Distillery Company or of a third party).

Governing Law 

This Agreement and these terms of sale shall be construed in accordance with and governed in all respects by the laws of New Zealand.