There are very few Terms and Conditions to membership of the Grainy Club. Below are the only criteria upon which your establishment is asked to fulfil to join:
The ability to pass our stringent tests for clarity, aroma, taste, storage and service or real ales
You stock at least one of our core range permanently
That’s pretty much it, but for reference in the unlikely event that you have a cask that is not crystal clear or tastes as Grainstore beers should taste, below is our Ullage procedure. To be fair, we are just filling some space on this page…
Ullage is beer, which is not fit for sale and which is returned to the Brewery or disposed of on site, under Brewery supervision. In circumstances where beer is unfit for sale, through no fault of your own, credit will be given for the unsold beer. Customs & Excise impose strict conditions on the reclaiming of duty and there are specific provisions for the issue of credit for ullage. These are set out below.
The Grainstore Brewery Limited must be informed upon discovery of a problem with a cask within 10 days of delivery. When reporting a problem, please quote:
1. Cask size and individual Cask No.:
2. Type of beer (Name):
3. Gyle No.:
4. Best Before Date:
5. Nature of problem:
The Grainstore Brewery Limited will make arrangements to collect the ullage from the customer as soon as possible.
A receipt for the ullage will be issued by The Grainstore Brewery Limited who will then dip the cask and note the volume in the ullage book, obtaining a signature and leaving a copy for the customer.
The Grainstore Brewery Limited drivers or our agents are not normally able to collect ullage without prior notice. This is due to vehicle loading.
A credit note will be issued as soon as all criteria governing ullage credits have been satisfied by both the Head Brewer employed by The Grainstore Brewery Limited and HM Customs and Excise.
The Grainstore Brewery Limited reserves the right not to issue credit note for more than 3 gallons missing. Contents of the ullage cask must be the same as originally supplied. Credits for ullage will only be made subject to these procedures.
In the case of packaged products, all goods must be examined on delivery and claims or breakages, or loss, must be notified at the point of delivery.
The Grainstore Brewery Limited will not accept responsibility for any breakages, or loss, after the goods have been signed for.
The Grainstore Brewery Limited (‘Grainy’) Business Sales Terms
These sales terms apply to all sales by ‘Grainstore’ to the purchaser, they prevail over any other agreement and can only be altered in writing by the Grainy.
1.1 Goods are supplied at the price ruling at the time of dispatch. Prices are subject to change without notice. Price lists exclude VAT.
2.1. Unless otherwise agreed, payment of invoices is due within 7 days and shall be made by BACS transfer.
2.2. Should payments not be made when due, Grainstore may decide to terminate this contract, and/or suspend further deliveries and/or charge interest on unpaid amounts at 2% per month.
2.3. In the event of any cheque, direct debit, standing order or other payment being dishonoured a charge of £20 (or such other sum as Grainstore may from time to time advise the purchaser) will be made on the purchaser’s account to cover bank and administrative costs.
2.4. If the purchaser fails to make payment on the due date, without prejudice to any of Grainstore’s other rights Grainstore may appropriate any payment made by the purchaser to such goods supplied under any other contract with the purchaser as Grainstore may in its sole discretion think fit and whether or not the purchaser purports to appropriate the payment.
3.1. Delivery occurs when the goods have been delivered to the agreed address, or have been collected by the purchaser.
3.2. The purchaser will inspect goods upon receipt and will inform Grainstore immediately of any damage, shortage or over-delivery, otherwise the delivery note will be deemed to be conclusive evidence of receipt by the purchaser. Should the Grainstore and the purchaser have previously agreed that goods could be delivered in the purchaser’s absence then any damage, shortage or over-delivery must be notified within 24 hours of delivery, with written confirmation within 3 days.
3.3. Liability for defective goods is restricted to the cost of replacement. Grainstore accepts no liabilities for consequential losses of any sort.
3.4. Grainstore has the right to change the delivery should the purchaser fail to arrange for acceptance of the goods.
3.5. Delivery dates are estimates made in good faith and time for delivery shall not be of the essence. Grainstore shall not be liable for any damages resulting from late delivery.
3.6. Grainstore shall be entitled to charge the purchaser the current replacement cost of any containers which are not returned by the purchaser, in an undamaged condition, as soon as possible after usage.
3.7. Grainstore may levy a deposit charge for specified containers, which will be refunded when such containers are returned in good condition.
4. Risk and Title
4.1. Risk in the goods passes to the purchaser at the time of delivery at the agreed address.
4.2. Full legal and equitable title of goods remains with Grainstore until full payment has been received in respect of both the goods and all other amounts which are due from the purchaser to Grainstore. Grainstore shall be entitled to recover the goods at any time from any location and may for that purpose entre upon any premises occupied be the purchaser or to which the purchaser has access in which Grainstore believes that goods are situated.
5.1. In the event of the purchaser’s insolvency, bankruptcy, liquidation, administration, voluntary arrangement or similar event, the purchaser will not be entitled to sell any of the goods which it purchased from Grainstore to which term 4 applies and Grainstore shall be entitled to suspend deliveries without liability to the purchaser and to recover any goods in transit and the cost of any delivered goods shall become immediately payable.
6. Resale of Goods
6.1. Any resale of goods by the purchaser must be in accordance with Grainstore’ instructions and all goods so sold must be in the same state and packaging as supplied by Grainstore.
6.2. The purchaser shall indemnify Grainstore for any liability incurred in respect of any breach of this clause.
7. Dispensing Equipment
7.1. Any equipment supplied to the purchaser by Grainstore for dispensing products purchased from Grainstore remains the property of Grainstore and shall be returnable to Grainstore on request.
7.2. Dispensing equipment shall be used solely for products supplied directly to the purchaser by Grainstore.
7.3. The purchaser shall pay Grainstore such sum as is agreed for use of the equipment.
7.4. The purchaser will allow Grainstore access for maintenance of the equipment at reasonable times and grants an irrevocable license to Grainstore to enter any premises to repossess the equipment.
7.5. The purchaser undertakes to provide upon request reasonable details of the outlets supplied by the purchaser with Grainstore’s dispensing equipment so that Grainstore can undertake quality checks.
8.1. The purchaser shall be responsible for complying with all regulations governing the import of goods and payment of duties purchased from Grainstore for export to another country including any country through which they have to be taken to reach their destination (“the other countries”).
8.2. The purchaser must notify Grainstore of any requirements relating to labelling, packaging and other legal requirements of the other countries, otherwise goods will be supplied as specified by Grainstore.
8.3. Unless otherwise agreed, the risk of loss or damage will pass to the purchaser when Grainstore notifies them that goods have been delivered to or collected by the carrier and the purchaser in addition to the price of the goods shall pay all transport and insurance costs.
8.4. The purchaser will supply Grainstore with evidence to substantiate the justification for any goods being dispatched without changing UK tax or duty. The purchaser accepts liability if the evidence is not forthcoming and indemnifies Grainstore for any tax, duty, interest or penalties which may be levied on Grainstore which have not been included in the price of the goods charged to the purchaser.
8.5. No exclusivity is warranted for any particular market unless there is a written agreement between Grainstore and the purchaser to this effect.
8.6. All payments will be in pounds sterling.
9.1. Grainstore has the right to terminate the contract immediately should there be any material breach of these conditions, or on 30 days prior written notice for any other reason.
10.1. This contract shall be governed exclusively by the law of England and Wales and the English courts shall have sole jurisdiction.