On occasion, and in our sole discretion, we are prepared to offer you a wine brokerage service where we will seek third party buyers for your wine. If we agree a sale of your wine to a third party we will purchase your wine from you and then sell it on to the third party. Our purchase from you will be conditional upon the third party purchasing and completing the purchase of the wine from Berry Bros. & Rudd.
In agreeing to BB&R's broking terms, you are authorising BB&R to have two week exclusivity on being able to offer the wine for general sale. We will agree a price we will pay you for the wine. If we sell the wine to a third party within the two week exclusivity period, then our purchase from you will be deemed to have occurred immediately before our sale and, the sum agreed payable to you will be paid within 20 working days of the receipt by us of the proceeds of our sale to the third party. If the wine has not been sold within two weeks, BB&R will contact you to discuss a renewal of the period and/or a price adjustment or the return of the wine to you or storage of the wine.
The purchase and resale of your wines is conditional on their safe receipt (at your expense) into BB&R premises and that the condition of the wines is, in the opinion of BB&R, as agreed and suitable for resale. Typically, if you are offering wines for broking from outside BB&R's storage facility then the wines must be in original wooden case (OWC) and in good condition.
Where payment is withheld by the purchaser and goods are to be returned (either by the purchaser or at your request prior to the sale, or where the wines can not be sold), transportation will be at your expense using BB&R's standard delivery charges.
Wine Tasting & Dinner Tickets
In the event of cancellation full refunds will only be given if we are notified at least 4 days before the date of the event. Refunds will only be given after this time if we are able to re-sell your tickets.
Customers' Private Reserves
Wines purchased from Berry Bros. & Rudd can be stored (by the complete unmixed case) in our cellars and are recorded in the customer's own name separately from Berry Bros. & Rudd's stock. The cost is charged per dozen bottles (75cl) or part thereof (or the equivalent in other sizes) and is payable per annum in advance. Contact us for information on current charges. A pro-rata monthly charge is made to enter wines into Private Reserves at the time of purchase to cover the initial period; thereafter the annual charge is payable in advance. Berry Bros. & Rudd reserves the right to increase the annual charge without prior notice.
Customers receive annual notification of the maturity of wines and further advice and valuations are available on request. When withdrawing stock, delivery within the UK is free provided the consignment is of at least one unmixed case. Otherwise there is a £10 delivery charge per delivery address. Next working day delivery is £15. Please note that deliveries to Northern Ireland, The Isle of Man, The Isle of Wight, The Scilly Isles and some areas of Scotland may take longer and are subject to a surcharge. Please contact us for details. We require three working days' notice for duty paid wines or 5 working days notice for bonded reserves if wines are being collected from our London or Basingstoke shops or to be delivered. We reserve the right not to deliver if the request is to deliver a split case or single bottles. If stock is withdrawn within a month of the rent invoice date the rental charge will be refunded.
If you transfer the ownership of wines or request the physical transfer of wines (in either case where the wine is bonded) an administration charge (per product) will be made. Contact us for details.
We may terminate your cellarage upon not less than 3 months prior notice to you expiring at the end of the relevant rental year. In such event you agree to collect your reserves or provide us with delivery details within 7 working days of the expiry of the relevant rental year. If you fail to do so then, in additional to our right of sale for non payment (see below) we reserve the right to dispose by sale or otherwise your Reserves which have not been collected or where no instructions for delivery have been received. We shall have the right to deduct from the proceeds of sale any monies you owe us and will send you the balance subject to receiving your instructions to do so. We are not obliged to add interest to the balance.
Insurance: Customers' Private Reserves are insured at our estimate of the replacement market value. We accept no liability should our estimate be incorrect.
Non-Payment. Please note that all storage charges are payable annually in advance and, in the event of non-payment, within 30 days from the date of the rent invoice sent to the customer's last known address. We reserve the right to sell at our discretion some or all of the customer's wines and spirits and to deduct from the proceeds of sale all outstanding storage charges and any costs incurred in connection with the sale. The balance of the proceeds of the sale will be retained pending receipt of the customer's written request for payment.
Third party beneficiaries: Irrespective of whether the wines in your reserve have been bought for a third party or ownership is actually or beneficially transferred to that third party (whether related to you or not) and whether or not we have been informed of this, you, and only you, shall be our client in respect of your reserves and shall be solely responsible for all payments and for providing all instructions in relation to the reserve. You hereby agree to indemnify us against all and any liability, losses, expenses and costs arising from any claim of whatever nature made by such third parties and incurred by us in exercising our right of sale or disposal, or refusing to act upon such third parties' instructions or otherwise.
Other services, special offers etc.
From time to time Berry Bros. & Rudd may offer other services, special offers, discounts, promotions etc together with services not specifically referred to in these terms and conditions. Such matters shall be subject, in addition to these terms and conditions, to specific terms and conditions relating to such matters. By taking the service or special offers, discounts, promotions you agree to be bound by such additional terms and conditions.
When the vintage is bottled and delivered to Berry Bros. & Rudd in the UK, the cases are held initially in a bonded warehouse. This means that no UK duty or VAT has been paid on the wine. If you request the wine to be delivered to you (anywhere in the EU) then duty and VAT will be payable by you in addition to the price. You can keep the wine in bond, please discuss your requirements with our team.
A description of the wine and prices will be set out in our en primeur price list and in specific vintage brochures. All prices are quoted in bond and are inclusive of freight and delivery to Berry Bros. & Rudd warehouse in the UK. Prices may vary due to fluctuations in currency and the market and to stock not being sold.
Delivery & Storage
Normal delivery terms shall apply, see above. We may store the wine for you on request as a "Customer Private Reserve".
Following shipment, your wines, by default, will be entered directly in to your Private Reserves in bond. Once the wines are in your Private Reserves, we will notify you by email. Wines entered into Reserves in this way will not be charged initial rent until your account's cyclical annual rent date.
On receipt of this email, or the subsequent invoice for rent, should you wish to take delivery we can arrange this as per our normal delivery terms. Any rent charged on wines withdrawn within 30 days of the date of invoice for rent will be credited.
Customers who elect to have their wine cleared from bond will be required to pay duty and VAT at the prevailing rates at the time of delivery. Please contact us for details of current rates of duty and VAT.
Wines may be shipped from Customer Private Reserves to Hong Kong by sea shipment or air shipment. Sea shipment fee is HK$280 per case, or 9 litre equivalent. Should the quantity fall below a case of equivalent, a minimum fee of HK$280 will apply. Air shipment fee is HK$1250 per case, or 9 litre equivalent. Should the quantity fall below a case of equivalent, a minimum fee of HK$280 will apply. There will be an extra charge of HK$170 delivery fee for more than one delivery point.
For Hong Kong local stock orders, delivery is free for orders of HK$1,800 or more. Orders below this amount will be charged $170. Charges are based on one delivery address.
Additional charges are applicable for New Territories and outlying islands. However, we offer free delivery to Ma Wan every Monday for orders over $1,800 Free delivery for Discovery Bay, Tung Chung & HK Airport is offered on Saturday for orders over $1,800, For all other days (Tuesday – Saturday) there will be a delivery charge of $400.
We reserve the right to charge an additional delivery fee if the recipient is not available to receive the delivery at the nominated delivery time. We shall not be liable for any delay or failure to delivery caused from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures or any other causes beyond our control.
Insurance & Ownership
We will remain responsible for insuring the wine at the original invoice value until your delivery and/or storage instructions have been completed. Ownership of the wines will pass on settlement of all outstanding charges.
Orders are placed in accordance with the procedure referred to at the start of these terms and conditions and are subject to availability. Stocks of certain wines may need to be allocated subject to demand, in such case Berry Bros. & Rudd reserve the right to allocate the stocks amongst interested customers in such proportions as it deems fit (at all times trying to be reasonable and fair). Some customers may not therefore be allocated any or only some of the quantities they have ordered. Orders will only be accepted if there remains unsold stock.