These Conditions apply to every sale by BalTraWed UK Limited (trading as Podkovan) to trade customers, and are accepted by signing your Account Application or by placing an order.
Key commercial details
| Supplier | BalTraWed UK Limited, trading as Podkovan. Company no. 16388604. VAT no. GB 494998110. AWRS URN XYAW 000 0012 3425. Registered office: 167–169 Great Portland Street, London W1W 5PF |
|---|---|
| Correspondence address | The Foundry, 77 Fulham Palace Road, London W6 8JA |
| Payment terms | As approved for your account and ticked in section 8: pro-forma (cleared funds before dispatch), or for credit accounts 14 days from invoice, 30 days from invoice, 30 days end of month, or 60 days from invoice. Paid by Direct Debit or bank transfer |
| Credit limit | Credit accounts: as stated in section 8, or as later notified in writing |
| Late payment interest | 8% a year above the Bank of England base rate, plus statutory late-payment compensation |
| Invoice queries | In writing within 14 days of the invoice date |
| Visible damage or shortage | Noted on delivery and reported within 48 hours |
| Other quality claims | Within 7 days of delivery |
| Minimum order | 2 kegs and/or 4 cases per delivery |
| Delivery charge | None. Orders below the minimum order are not accepted |
| Keg loss charge | £80 per keg (30L or 50L) not returned within 90 days |
1. How these Conditions apply
"We" or "Podkovan" means BalTraWed UK Limited (company no. 16388604). "You" means the customer named in the Account Application or any business ordering from us. "Goods" means the products we supply. "Containers" means returnable kegs, pallets and other returnable packaging.
These Conditions apply to every order and override any terms you try to impose. If documents conflict, the order of priority is: any signed trading agreement (for what it covers), the Account Application, then these Conditions.
You confirm you buy in the course of business. We may update these Conditions on 30 days' written notice. Email counts as writing.
2. Orders
A contract is formed when we accept your order or dispatch the Goods. Each delivery is a separate contract and is invoiced separately.
We may decline any order, including where it would exceed your credit limit or where any payment is overdue.
Orders must meet the minimum order. Accepted orders cannot be cancelled without our consent. Goods are not supplied on sale-or-return or consignment.
3. Prices
Prices are as set out in our price list at the date of dispatch. They include UK duty and exclude VAT. We may change the price list on 14 days' notice, and pass on duty or VAT changes from their effective date.
Delivery is free for orders that meet the minimum order.
Discounts and rebates apply only if agreed in writing, are given as credit notes, and may not be deducted from payments.
4. Delivery and risk
Delivery dates are estimates. We are not liable for late delivery, but you may cancel an order not delivered within 10 working days of the estimated date.
A signed or electronic proof of delivery is conclusive evidence of the quantities delivered, unless a discrepancy is noted on it at the time.
If you fail or refuse to take delivery, delivery is treated as made and you must pay for the Goods.
Risk passes to you on delivery.
5. Quality and claims
We warrant that on delivery the Goods will be of satisfactory quality, in date and correctly labelled. This replaces all other warranties and implied terms as to quality, to the extent the law allows. The warranty does not cover problems caused by poor storage, line cleaning or dispense, or use after the best-before date.
You must note any shortage or visible damage on delivery and report it within 48 hours. Any other claim must be reported within 7 days of delivery, with the invoice number, batch code and photographs. Keep the affected Goods until we have inspected them.
If a claim is valid, we will replace the Goods or issue a credit note, at our option. Claims made late are waived. A claim does not entitle you to withhold payment of any other invoice.
Returns are accepted only with our prior written agreement.
6. Kegs and containers
Containers remain our property, or the property of their owner, at all times. You must keep them safe, use them only for our Goods, and not refill, sell or part with them.
You must return empty Containers within 90 days of delivery. Our collection records are conclusive unless you dispute them within 7 days.
We may invoice the keg loss charge shown in the Key commercial details for any keg not returned within 90 days, or returned damaged. Paying the charge does not transfer ownership.
7. Payment and credit
Your payment terms are those ticked in section 8 of your Account Application. If pro-forma is ticked, or credit has not been approved, you must pay in cleared funds before dispatch. We may also require payment before dispatch if your account is over its limit or overdue, or we have reasonable concerns about your ability to pay.
On a credit account, your credit limit is as stated in section 8 or later notified to you in writing, and each invoice shows its due date. You must pay each invoice in full by its due date, by Direct Debit or bank transfer to the account on the invoice or later notified to you under clause 9. Time for payment is of the essence. You must not exceed your credit limit. We may reduce or withdraw credit at any time by notice.
You must pay without any set-off, deduction or withholding of any kind, including for any claim, discount or rebate.
Invoice queries must be raised in writing within 14 days of the invoice date, with reasons. You must pay any undisputed part on time.
On late payment we may charge interest at 8% a year above the Bank of England base rate, accruing daily, plus the compensation allowed under the Late Payment of Commercial Debts (Interest) Act 1998 and our reasonable recovery costs, including legal and collection fees.
You agree that we may carry out credit checks on your business, its directors and any guarantor, and share account information with credit agencies and any financier. We may require a personal guarantee. You must tell us promptly of any change in ownership, address, bank details or licence status.
8. Retention of title
The Goods remain our property until we have received payment in full of all sums you owe us on any account.
Until then, you hold the Goods as our bailee, must keep them identifiable as ours, and must not charge or pledge them. You may sell them in the ordinary course of business until that right ends under clause 13.
If your right to sell ends, you must return any unsold Goods on request, and you authorise us to enter your premises to recover them and our Containers. We may sue for the price even though title has not passed.
9. Assignment to a financier
We may assign, sell or charge any of our rights, including the right to be paid any invoice, to a bank or finance provider (a "Financier") without your consent.
On written notice from us or a Financier, you must pay to the account specified. Payment to that account discharges your debt to us.
A Financier may enforce these Conditions in its own name for any debt assigned to it. You may not raise against a Financier any set-off or defence you could not raise against us under clause 7.3.
You may not assign or transfer any of your rights or obligations without our written consent.
10. Your obligations
You must hold all licences needed to buy and sell the Goods, including a premises licence where you sell alcohol by retail, and comply with all alcohol laws, including on underage sales. If you sell wholesale, you must be AWRS-approved and give us your AWRS number.
You must not resell the Goods to another wholesaler or export them without our written consent.
You must store kegs in a cool cellar, clean beer lines at least weekly, and follow any storage guidance we give you.
11. Brand
We own all rights in the Podkovan name, logos and brand. While you buy from us, you may use them, in the form we supply, to promote the Goods on your premises, menus, website and social media.
You must not repackage or alter the Goods, or serve any other product through Podkovan-branded fonts, taps or glassware. Equipment and point-of-sale materials we lend you remain ours and must be returned on request.
12. Liability and recalls
Nothing in these Conditions limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.
Subject to clause 12.1, we are not liable for any loss of profit, business or goodwill, or any indirect loss, and our total liability under any contract is limited to the price of the Goods under it.
You will indemnify us against losses arising from your breach of these Conditions, or your storage, dispense or sale of the Goods.
You must tell us within 24 hours of any safety concern about the Goods and cooperate fully with any recall, including stopping sales immediately.
13. Suspension and termination
If you fail to pay on time, breach these Conditions, become insolvent or subject to any insolvency process, stop trading, or lose a licence, we may suspend deliveries, withdraw credit, end your right to resell the Goods, and close your account. All sums you owe us then become due immediately.
Either party may close the account on 30 days' written notice, without affecting sums already due.
14. Force majeure and data
We are not liable for delay or failure caused by events beyond our reasonable control, including brewery, transport, port or customs delays. This does not excuse your obligation to pay.
Each party will comply with UK data protection law and the Bribery Act 2010. Our privacy notice explains how we use personal data.
15. General and law
Notices must be in writing to the addresses or emails in the Account Application, or to us at our correspondence address above or the email address shown on our invoices.
These Conditions, the Account Application and any signed trading agreement are the entire agreement. If any part is unenforceable, the rest still applies. A delay in enforcing a right is not a waiver.
No third party other than a Financier under clause 9 may enforce these Conditions.
These Conditions are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. We or a Financier may also bring debt claims in any court where you are based, including in Scotland and Northern Ireland.
References to sections 7 and 8 are to the declaration and account approval sections of the Account Application. To apply for an account, see Open a trade account.