Murphy's Gin Distillery and Bar - Terms and Conditions

1. INTERPRETATIONS

Standard Terms & Conditions of Sale

In this document the following words shall have the following meanings:

“Buyer” means the organisation or person who places an Order for Supplies with Murphy’s Gin Limited.

“Delivery Date” means, where specified, the date by when Murphy’s Gin Limited expects the Supplies to be delivered. “Force Majeure Event” means an event of Force Majeure in accordance with clause 13.

“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Invoice” means the Murphy’s Gin Limited invoice corresponding to the Order, setting out the Price and other relevant information as the case may be.

“Murphy’s Gin Limited” means Murphy’s Gin Limited, of PO Box 222, Liverpool, Merseyside, United Kingdom, L21 1EL, registration number 11655120.

“Order” means any order placed by the Buyer for Supplies, as such order has been accepted by Murphy’s Gin Limited. Each Order shall constitute a separate contract between Murphy’s Gin Limited and the Buyer.

“Parties” means together Murphy’s Gin Limited and the Buyer, with each a “Party”.

“Price” means the price agreed for the Supplies agreed in the Order.

“Sale or Return Stock” means Supplies that are agreed to be offered on a sale or return basis, in accordance with clause 22.

“Supplies” means the goods or services to be supplied by Murphy’s Gin Limited as set out in the Order.

“Terms” means these Standard Terms & Conditions of Sale, which may be amended by Murphy’s Gin Limited from time to time without notice.

2. GENERAL

2.1 These Terms shall apply to all Orders to the exclusion of all other terms and conditions, including any terms or conditions which the Buyer may seek to apply under any purchase order, order confirmation or any other document.

2.2 All Orders shall be deemed to be an offer by the Buyer to purchase the Supplies pursuant to these Terms and shall only be valid if accepted by Murphy’s Gin Limited, and such acceptance is entirely at Murphy’s Gin Limited’s discretion. If the Supplies are sold improperly, poorly described or not available, Murphy’s Gin Limited will not be forced to sell the Supplies. The Buyer is responsible for ensuring that the Order is complete and accurate.

2.3 Any variation to these Terms (including any special terms and conditions agreed between the Parties including, without limitation, any discounts) shall not apply unless agreed in writing by Murphy’s Gin Limited.

2.4 Any advice, recommendation or representation given by Murphy’s Gin Limited (or its employees or agent) to the Buyer (or its employees or agents) as to the storage, application or use of the Supplies which is not confirmed in writing by Murphy’s Gin Limited is followed or acted upon entirely at the Buyer’s own risk, and, accordingly, Murphy’s Gin Limited shall not be liable for any such advice, recommendation or representation which is not so confirmed.

2.5 Nothing in these Terms shall affect the statutory rights of any Buyer dealing as a consumer.

2.6 Other than as set out in clause 9 (or if Sale or Return is agreed), the Buyer shall not be entitled to return the Supplies or seek a refund from Murphy’s Gin Limited without the prior written consent of Murphy’s Gin Limited.

Standard Terms & Conditions of Sale

2.7 Murphy’s Gin Limited reserves the right to change these Terms from time to time without notice.

3. DESCRIPTION

3.1 Murphy’s Gin Limited takes every precaution to ensure that the description and characteristics of the Supplies are correct. However, specifications and product descriptions are only intended to give a general description of the Supplies and are not intended to be binding. Without affecting the Buyers rights when dealing as a consumer, any description given or applied to the Supplies is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby accepts that it does not in any way rely on any description when placing the Order.

3.2 Murphy’s Gin Limited reserves the right to amend the specification, packaging and appearance of the Supplies without notice to the Buyer:

3.2.1 if required by any applicable statutory or regulatory requirements;

3.2.2 if the specification of the Supplies is changed by Murphy’s Gin Limited’s suppliers and Murphy’s Gin Limited no longer has adequate stocks of Supplies which pre-date the change in order to fulfil the Order.

3.3 Murphy’s Gin Limited reserves the right to discontinue any of the Supplies without notice to the Buyer.

4. PRICE & PAYMENT

4.1 Unless specified otherwise on the Invoice, payment of the Price is strictly cash with Order. If a credit account has been established with Murphy’s Gin Limited, payment of the Price shall be received into Murphy’s Gin Limited’s nominated bank account no later than 14 calendar days from the date shown on the Invoice. Murphy’s Gin Limited may invoice the Buyer on or at any time after its acceptance of the Order.

4.2 If payment of the Price is not made in full when payment becomes due, Murphy’s Gin Limited shall be entitled to:

4.2.1 require payment in advance of delivery in relation to any Supplies not delivered; and/or

4.2.2 refuse to make delivery of any undelivered Supplies without incurring any liability whatsoever to the Buyer for non- delivery or any delay in delivery; and

4.2.3 appropriate any payment made by the Buyer to such of the Supplies (or Supplies ordered under any new Order) as Murphy’s Gin Limited may deem fit; and

4.2.4 terminate the Order and associated contract and recover all costs incurred, including any related legal costs.

4.3 Murphy’s Gin Limited shall be entitled to charge interest on overdue Invoices from the date when payment becomes due until payment is made in fully. Interest shall accrue each day until the date of payment at a rate of 2% per day above the base rate of the Bank of England, which may vary from time to time.

4.4 Murphy’s Gin Limited reserves the right to grant, refuse, restrict, cancel or alter any agreed credit terms at its sole discretion at any time and without notice.

4.5 Murphy’s Gin Limited may by giving notice to the Buyer at any time up to three days before the Delivery Date, increase the Price to reflect any increase in the cost of the Supplies due to:

4.5.1 any factor beyond Murphy’s Gin Limited’s control (including Force Majeure Event, foreign exchange fluctuations, increases in taxes and duties and increases in labour, materials and other manufacturing costs);

4.5.2 any request by the Buyer to change the Delivery Date(s), quantities or types of Supplies ordered; or

Standard Terms & Conditions of Sale

4.5.3 any delay caused by any instructions of the Buyer or failure of the Buyer to give Murphy’s Gin Limited adequate or accurate information or instructions.

4.6 The Price is inclusive of the costs and charges of processing the Order and packaging the Supplies but is exclusive of the costs of delivery and insurance, which will be charged to the Buyer separately (unless collection is agreed).

4.7 The Price is exclusive of amounts chargeable in respect of value added tax (VAT) unless otherwise stated. The Buyer shall, upon receipt of a valid VAT Invoice from Murphy’s Gin Limited, pay to Murphy’s Gin Limited such additional amounts in respect of VAT as are chargeable on the Supplies.

4.8 The Buyer agrees that Murphy’s Gin Limited may obtain and retain credit references relating to the Buyer from third parties (including credit reference agencies) and that Murphy’s Gin Limited may (without prejudice to its other rights and remedies in circumstances of non-payment) notify credit reference agencies in circumstances of non-payment by the Buyer of amounts owed to Murphy’s Gin Limited.

5. DELIVERY

5.1 Unless otherwise agreed in writing by Murphy’s Gin Limited, delivery of the Supplies shall take place at the address stated on the Order and on a Delivery Date to be specified by Murphy’s Gin Limited. The Buyer shall make all arrangements necessary to take delivery of the Supplies whenever they are tendered for delivery.

5.2 The Delivery Date is an estimate only. Time for delivery shall not be of the essence and while reasonable efforts will be made to comply with Delivery Date, compliance is not guaranteed, and the Buyer shall have no rights to damages or rights to cancel an Order for failure by Murphy’s Gin Limited to deliver by the Delivery Date.

5.3 If Murphy’s Gin Limited is unable to deliver the Supplies for reasons attributed to the Buyer, including the Buyer not being available to accept delivery, then Murphy’s Gin Limited shall be entitled to place the Supplies in storage until such time as delivery may be made and the Buyer shall be liable for all costs and expenses associated with re-delivery and/or storage.

5.4 If the Buyer fails to accept delivery of the Supplies on the date of delivery Murphy’s Gin Limited reserves the right to issue an Invoice and be paid in full for the Supplies, even if they are not delivered.

5.5 Murphy’s Gin Limited shall be entitled to deliver the Supplies by instalments and where the Supplies are so delivered, each delivery shall constitute a separate contract. Any failure by Murphy’s Gin Limited to deliver any one or more of the instalments, or any claim by the Buyer in respect of any one or more instalments, shall not entitle the Buyer to treat any other related Order as repudiated.

5.6 Where the Buyer requires delivery of the Supplies by instalments, rescheduling requires the prior written agreement of Murphy’s Gin Limited and will not be possible unless at least 4 weeks written notice is provided and so agreed. Each delivery shall constitute a separate contract and will incur its own delivery charge, and failure by the Buyer to pay the Price on or before the date when payment becomes due in respect of any instalment shall entitle Murphy’s Gin Limited to treat any other related Order and associated contract as repudiated in addition to any other rights of Murphy’s Gin Limited pursuant to these Terms.

5.7 Notwithstanding that Murphy’s Gin Limited may have delayed delivery, the Buyer shall remain bound to accept delivery and to pay the Price of for the Supplies in full provided that delivery shall be tendered at any time within 4 weeks of any original specified Delivery Date.

6. ACCEPTANCE

6.1 The Buyer is exclusively responsible for confirming the suitability and fitness for purpose of the Supplies, for ascertaining the use to which they will be put, and for determining their ability to function for that purpose.

6.2 The Buyer shall inspect the Supplies immediately upon delivery and shall be deemed to have automatically accepted the Supplies 3 calendar days after the date of delivery if no claim for defect, damage or quality has been submitted to and received by Murphy’s Gin Limited within that time. Accordingly, no claim for defect, damage or quality will be accepted by Murphy’s Gin Limited unless written notice together with full supporting evidence is received by Murphy’s Gin Limited within 3 calendar days of the date of delivery.

7. RISK & TITLE

Standard Terms & Conditions of Sale

7.1 Where the Supplies are to be collected by the Buyer or its nominated agent at Murphy’s Gin Limited’s premises, risk of damage to or loss of the Supplies shall pass to the Buyer upon notification to the Buyer that that the Supplies are available for collection. Where the Supplies are to be delivered to a premises nominated by the Buyer other than Murphy’s Gin Limited’s premises, then risk of damage to or loss of the Supplies shall pass to the Buyer upon delivery to the agreed address.

7.2 Notwithstanding delivery and the passing of risk in the Supplies, or any other provision of these Terms, the title in the Supplies shall not pass to the Buyer until Murphy’s Gin Limited has received in cash or cleared funds into its bank account of the full Price of the Supplies and of all other Supplies agreed to be sold by Murphy’s Gin Limited to the Buyer for which payment is then due.

7.3 Until such time as the title in the Supplies passes to the Buyer, the Buyer shall hold the Supplies as Murphy’s Gin Limited’s fiduciary agent and bailee and shall keep the Supplies separate from those of the Buyer and third parties and properly stored, protected and insured and identified as Murphy’s Gin Limited’s property.

7.4 Until payment of the Price the Buyer shall be entitled to resell or use the Supplies in the course of its business but shall account to Murphy’s Gin Limited for the proceeds of sale or otherwise of the Supplies, whether tangible or intangible including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.

7.5 Until such time as the title in the Supplies passes to the Buyer (and provided that the Supplies are still in existence and have not been resold) Murphy’s Gin Limited shall be entitled at any time to require the Buyer to deliver up the Supplies to Murphy’s Gin Limited and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or of any third party where the Supplies are stored and repossess the Supplies.

7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Supplies which remain the property of Murphy’s Gin Limited, but if the Buyer does so all monies owing by the Buyer to Murphy’s Gin Limited shall (without prejudice to any other right or remedy of Murphy’s Gin Limited) forthwith become due and payable.

7.7 Murphy’s Gin Limited shall be entitled to recover the Price notwithstanding that title in any of the Supplies has not passed from Murphy’s Gin Limited.

8. INSOLVENCY OF BUYER

8.1 If the Buyer fails to make payment for the Supplies in accordance with the Invoice, or commits any other breach of the Order and associated contract, or if any distress or execution shall be levied upon any of the Buyer’s property or the Supplies, or if the Buyer offers to make any arrangement with its creditors, or commits an act of bankruptcy, or if any petition in bankruptcy is presented against the Buyer, or the Buyer is unable to pay its debts as they fall due, or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented, or if a receiver, administrator, administrative receiver, or manager shall be appointed over the whole or any part of the Buyer’s business or assets, or if the Buyer shall suffer any analogous proceedings under foreign law, or if any such matter as provided for in this clause is reasonably apprehended by Murphy’s Gin Limited, then all sums outstanding in respect of the Supplies shall become payable immediately.

8.2 Murphy’s Gin Limited may in the circumstances set out in clause 8.1 above also in its absolute discretion, and without prejudice to any other rights which it may have, exercise any of its rights pursuant to clause 7 above.

9. WARRANTY

9.1 Murphy’s Gin Limited warrants that the Supplies shall be delivered to the Buyer in an undamaged condition and free from any defects.

9.2 Where the Supplies are found to be defective, Murphy’s Gin Limited shall replace such defective Supplies, subject to the following conditions:

Standard Terms & Conditions of Sale

9.2.1 the Buyer notifying Murphy’s Gin Limited in writing upon the defect becoming apparent in accordance with clause 6; and

9.2.2 the defect being due to faulty design, materials or workmanship; and

9.2.3 the Supplies remain otherwise in the condition as they were when originally supplied to the Buyer and have been stored by the Buyer in a dry and clean place; and

9.2.4 any Supplies to be replaced shall be returned to Murphy’s Gin Limited at the Buyer’s expense.

9.3 Where the Supplies (or any part of them) have been supplied to Murphy’s Gin Limited by a third party, any warranty granted to Murphy’s Gin Limited in respect of the Supplies shall be passed on to the Buyer and the Buyer shall have no other remedy against Murphy’s Gin Limited.

9.4 Murphy’s Gin Limited shall be entitled in its absolute discretion to refund the Price of the defective Supplies in the event that the Price has already been paid.

9.5 Except where expressly provided by these Terms, or except where the Buyer is acting as a consumer, Murphy’s Gin Limited gives no other warranties, conditions, guarantees or representations as to the quality of fitness for a particular purpose of the Supplies and all other warranties, conditions, guarantees or representations, whether express or implied, oral or in writing are hereby excluded to the extent permitted by law.

9.6 The remedies contained in this clause are without prejudice and subject to the other Terms herein.

10. LIABILITY

10.1 Nothing in these Terms shall limit or exclude Murphy’s Gin Limited’s liability for:

10.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

10.1.2 fraud or fraudulent misrepresentation;

10.1.3 breach of the terms implied by section 12 of the SOGA 1979; or

10.1.4 any matter in respect of which it would be unlawful for Murphy’s Gin Limited to exclude or restrict liability.

10.2 Subject to clause 10.1:

10.2.1 Murphy’s Gin Limited shall under no circumstances whatsoever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of opportunity, loss of savings, loss of reputation, or any indirect, special or consequential loss arising under or in connection with any Order and associated contract; and

10.2.2 Except where it cannot be limited by law, Murphy’s Gin Limited’s total liability to the Buyer in respect of all other losses arising under or in connection with the Order and associated contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed (in aggregate) the amount of the Order to which any liability applies. The Buyer is responsible for making its own arrangements for the insurance of any loss over and above this limit.

10.3 No liability of any nature shall be incurred or accepted by Murphy’s Gin Limited in respect of any representation made by Murphy’s Gin Limited, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of any Order where such representations were made or given in relation to the quality of the Supplies or the fitness of the Supplies for any purpose whatsoever.

Standard Terms & Conditions of Sale.

11. INTELLECTUAL PROPERTY RIGHTS

11.1 As between Murphy’s Gin Limited and the Buyer, all Intellectual Property Rights embodied within or related to:

11.1.1 the Supplies, including all branding;

11.1.2 any promotional or other supporting materials provided to the Buyer by Murphy’s Gin Limited in connection with the Supplies or otherwise under or in connection with the Order and associated contract;

11.1.3 the Terms of the Order and associated contract shall belong to Murphy’s Gin Limited.

11.2 In circumstances where the Buyer becomes aware of any actual, suspected or threatened infringement of any of the Intellectual Property Rights or becomes aware of any claim that any of those Intellectual Property Rights infringe the rights of any third party, the Buyer shall immediately notify Murphy’s Gin Limited of the fact and circumstances of that infringement. Murphy’s Gin Limited shall have exclusive control over, and conduct of, all claims and proceedings relating to the Intellectual Property Rights and the Buyer shall provide such information and assistance as Murphy’s Gin Limited may reasonably require. The Buyer shall not make any admissions in respect of such claims or proceedings, unless agreed to in writing by Murphy’s Gin Limited. As between Murphy’s Gin Limited and the Buyer, Murphy’s Gin Limited shall be entitled to retain all sums recovered in any claims and proceedings relating to the Intellectual Property Rights for its own account.

11.3 The Buyer acknowledges that the ownership of all Intellectual Property Rights (whether registered or unregistered) in the Murphy’s Gin Limited brand shall remain at all times in the absolute ownership of Murphy’s Gin Limited.

11.4 Any and all goodwill derived from the Buyer’s use of Murphy’s Gin Limited brand shall accrue to Murphy’s Gin Limited.

11.5 The Buyer shall not apply for registration of or obtain any design right, trademark or similar register able right in Murphy’s Gin Limited brand.

11.6 The Buyer undertakes at the request and expense of Murphy’s Gin Limited to bring into effect or do all acts and execute all documents which may be necessary to confirm the title of Murphy’s Gin Limited to the rights in the brand whether in connection with any registration of that title to design right or trade mark or other similar right or otherwise.

12. CONFIDENTIAL INFORMATION

12.1 Except for as set out in clause 12.2, each Party undertakes that it shall not at any time disclose to any other person any confidential information concerning the business, affairs, customers, clients or suppliers of the other Party, or of any member of the group of companies to which the other Party belongs. No Party shall use the other Party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with the Order and associated contract.

12.2 Each Party may disclose the other Party’s confidential information:

12.2.1 to those of its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the Party’s rights or carrying out its obligations under or in connection with the Order and associated contract. Each Party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other Party’s confidential information comply with this clause 12; and

12.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

13. FORCE MAJEURE

Murphy’s Gin Limited shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside of its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and

Standard Terms & Conditions of Sale

Murphy’s Gin Limited shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as Murphy’s Gin Limited considers unreasonable, it may without liability on its part, terminate any affected Order(s) or any part of it.

14. RELATIONSHIP OF THE PARTIES

Nothing contained in these Terms shall be construed as establishing or implying any partnership or joint venture between the Parties and nothing in these Terms shall be deemed to construe either of the Parties as the agent of the other.

15. ASSIGNMENT & SUBCONTRACTING

Any Order and associated contract between the Parties for the Supplies shall not be assigned or transferred, nor the performance of any obligation sub-contracted, by the Buyer without the prior written consent of Murphy’s Gin Limited. Murphy’s Gin Limited may assign, transfer or sub-contract any of its rights or obligations under any Order and associated contract without the Buyer’s prior consent.

16. WAIVER

The failure by either Party to enforce at any time or for any period any one or more of the terms herein shall not be a waiver of them or of the right at any time subsequently to enforce all of the terms contained herein.

17. SEVERABILITY

If any term or provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.

18. NO SET OFF

The Buyer may not withhold payment of any Invoice or other amount due to Murphy’s Gin Limited by reason of any right of set- off or counterclaim which the Buyer may have or allege to have for any reason whatsoever.

19. TERMINATION

19.1 Without limiting its other rights or remedies, if Murphy’s Gin Limited considers (acting reasonably) that the Buyer:

19.1.1 is in material breach of the Order and associated contract; or

19.1.2 is in repeated or persistent breach of the Order and associated contract; or

19.1.3 is in breach of any credit terms set by Murphy’s Gin Limited; or

19.1.4 is failing to account properly for excise duty (or any similar or replacement duty) chargeable in respect of the Supplies in the United Kingdom; or

19.1.5 is failing to pay any import duties, taxes, levies or imposts properly chargeable in respect of the Supplies by the fiscal or customs authorities of any country other than the United Kingdom; or

19.1.6 is failing to comply with any requirements imposed on the Buyer by the authorities of the United Kingdom in respect of the labelling, sale or recycling of the Supplies; or

19.1.7 is failing to comply with any requirements imposed on the Buyer by the authorities of any country other than the United Kingdom in respect of the labelling, sale or recycling of the Goods, then Murphy’s Gin Limited may (without any liability to the Buyer):

Standard Terms & Conditions of Sale

(i) terminate the Order and associated contract with immediate effect by giving written notice to the Buyer; and/or

(ii) suspend provision of any Supplies under the Order and associated contract or any other contract between Murphy’s Gin Limited and the Buyer; and/or

(iii) accelerate the payment date for any amounts owed by the Buyer to Murphy’s Gin Limited (on any account whatsoever); and/or

(iv) reduce the amount of credit made available by Murphy’s Gin Limited to the Buyer; and/or

(v) unilaterally revoke any agreement concerning Supplies that are Sale or Return Stock.

19.2 Without prejudice to clause 19.1, the Buyer shall indemnify Murphy’s Gin Limited (and shall keep Murphy’s Gin Limited indemnified) against all liabilities suffered or incurred by Murphy’s Gin Limited arising out of or in connection with any failure by the Buyer to comply with any requirements imposed on the Buyer by the authorities of any country (including the United Kingdom) in respect of the labelling, sale or recycling of the Supplies.

19.4 Termination of the Order and associated contract, however arising, shall not affect any of the parties’ rights, remedies, obligations and liabilities that have accrued up to the date of termination.

19.5 Clauses which expressly or by implication survive termination of the Order and associated contract shall continue in full force and effect.

20. ENTIRE AGREEMENT

These Terms and any documents incorporating them or incorporated by them, including the Order and the Invoice, constitute the entire agreement and understanding between the Parties. The Buyer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Murphy’s Gin Limited which is not set out in the Order or these Terms.

21. GOVERNING LAW & JURISDICTION

These Terms and all Orders placed under them shall be governed by and construed in accordance with the laws of England and Wales and the Parties hereby submit to the exclusive jurisdiction of the English courts.

22. SALE OR RETURN

22.1 In circumstances where Murphy’s Gin Limited has agreed in writing with the Buyer that certain Supplies are supplied as Sale or Return Stock (which agreement in writing shall be valid provided that it is recorded in writing, including on the Invoice), and that agreement has not been otherwise revoked in accordance with these Terms, the following terms shall also apply:

22.1.1 The Buyer must give Murphy’s Gin Limited at least five days’ written notice of its intention to return Sale or Return Stock to Murphy’s Gin Limited;

22.1.2 The Buyer shall not have the right to return any Sale or Return Stock after the expiry of a period of 45 calendar days which commences on the date of delivery (or collection) of that Sale or Return Stock. The Buyer shall upon expiry of the 45 calendar day period immediately pay the Invoice in full for all Sale or Return Stock not returned;

22.1.3 Except where Murphy’s Gin Limited agrees otherwise, the Buyer shall not have the right to return any Sale or Return Stock unless that Sale or Return Stock remains in as new condition (which shall be considered the same condition as it was when originally supplied by Murphy’s Gin Limited) immediately upon the return of that Sale or Return Stock to Murphy’s Gin Limited;

22.1.4 Murphy’s Gin Limited shall charge a 10% re-stocking fee in respect of any Sale or Return Stock which is returned to Murphy’s Gin Limited, which is calculated as 10% of the Price of the Order;

22.1.5 Where Sale or Return Stock is to be returned, the Buyer shall be responsible for the return of Sale or Return Stock to Murphy’s Gin Limited at an address specified by Murphy’s Gin Limited. The costs of the return of Sale or Return Stock (including the cost of any packaging) shall be for the Buyers account. Risk in any Sale or Return Stock which is returned to Murphy’s Gin Limited shall pass to Murphy’s Gin Limited upon delivery to and acceptance by Murphy’s Gin Limited of the returned Sale or Return Stock.

22.1.6 Signature by Murphy’s Gin Limited of any delivery note or other document upon receipt of any Sale or Return Stock shall not:

(i) constitute (or be deemed to constitute) acceptance by Murphy’s Gin Limited of the return of any Sale or Return Stock which does not comply with the requirements of this clause 22; or

(ii) have the effect of transferring risk in any Sale or Return Stock which does not comply with the requirements of this clause 22 to Murphy’s Gin Limited;

22.1.7 Any Supplies that are Sale or Return Stock shall not have the effect of delaying the time at which the Invoice which relates to those Supplies is to be paid. The Buyer shall pay any Invoice which relates to Sale or Return Stock in full in accordance with the terms of the Invoice supplied by Murphy’s Gin Limited. In any event, the Buyer shall pay the Invoice on or prior to the date for payment which is stated on the Invoice. Payment shall be made in cash or to the bank account nominated in writing by Murphy’s Gin Limited. Time of payment is of the essence.

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Murphy's Gin Ltd

PO Box 222

Murphy’s Gin Ltd

Liverpool, L21 1YU

England

Company Number: 11655120

VAT Registration Number: 320399121