Our Birchwood Farm production site is an HMRC bonded facility so your products will be produced and moved under bond. We do not pasteurise product but triple filter our liquid through carbon filter, 0.5 micron Pall pre-filters and 0.45 micron Pall sterile filters to give us a sterile and stable product.  We are an approved SALSA site, an accreditation that ensures your product is in safe hands and acknowledged by all mainstream supermarkets and distributors.

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CONTRACT BOTTLING & CO-PACKING TERMS & CONDITIONS

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”Customer" means the person, company or organisation placing the order.

"Product" means any beverage, liquid, concentrate, syrup, food product or packaged goods manufactured, bottled, labelled or supplied by the Company.

"Specification" means the recipe, formulation, flavour profile, ingredients, packaging requirements, artwork, labelling information and any other instructions supplied or approved by the Customer.

 

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2. Basis of Contract

All orders accepted by the Company are subject to these Terms and Conditions.

Placement of an order shall constitute acceptance of these Terms and Conditions.

These Terms and Conditions shall prevail over any terms submitted by the Customer unless expressly agreed in writing by a Director of the Company.

 

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3. Customer Responsibility for Product Specification

The Customer is solely responsible for determining that the Product is suitable for its intended purpose and target market.

The Company shall manufacture Products in accordance with the Specification supplied or approved by the Customer.

The Company accepts no liability for:

• Consumer acceptance.

• Market performance.

• Commercial success.

• Brand reputation.

• Sales performance.

• Customer preference.

• Subjective taste expectations.

 

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4. Product Development and Flavour Matching

Where a Product is developed by the Company, a flavour house, ingredient supplier or third-party technical partner, all development samples are supplied solely for evaluation and approval by the Customer.

The Customer acknowledges that:

• Final responsibility for approval rests with the Customer.

• Approval of a sample constitutes approval of the formulation.

• The Company does not guarantee that a developed Product will replicate any existing product unless objective written specifications have been agreed.

The Company shall not be liable where production is undertaken using a formulation approved by the Customer.

 

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5. Third-Party Ingredients and Flavour Compounds

Where flavour compounds, concentrates, ingredients, additives or premixes are supplied by third parties, the Company relies upon the specifications and assurances provided by those suppliers.

The Company shall not be liable for claims relating to:

• Taste characteristics.

• Flavour perception.

• Ingredient performance.

• Consumer preference.

• Commercial acceptability.

Provided the Company has manufactured the Product in accordance with the approved specification.

 

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6. Customer Approval of Samples

Where samples are submitted for approval, production shall proceed only following Customer approval.

Approval may be given by:

• Signed approval form.

• Email confirmation.

• Purchase order.

• Written instruction to proceed.

Once approved, the Customer accepts responsibility for the approved formulation, flavour profile, appearance and specification.

 

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7. Manufacturing Tolerances

The Customer acknowledges that commercially manufactured products may exhibit slight variations from laboratory, kitchen, pilot or development samples.

Reasonable variations in the following shall not constitute a defect:

• Taste.

• Aroma.

• Colour.

• Carbonation.

• Appearance.

• Viscosity.

• Texture.

Provided the Product has been manufactured in accordance with the approved specification.

 

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8. Inspection and Acceptance

The Customer shall inspect all Products immediately upon receipt.

Any claim relating to shortages, damage or visible defects must be reported in writing within 48 hours of delivery or collection.

Any claim relating to quality or specification must be reported within 14 days of discovery.

Failure to notify the Company within these periods shall constitute acceptance of the goods.

 

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9. Retained Samples and Investigation

The Company may retain production samples from each batch.

In the event of a dispute, such retained samples may be used to determine the condition and conformity of the Product at the time of manufacture.

The Company reserves the right to conduct its own investigation and obtain independent laboratory analysis before accepting any claim.

Consumer comments, online reviews or anecdotal feedback shall not, by themselves, constitute evidence of a manufacturing defect.

 

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10. Ex Works Supply and Transfer of Risk

Unless otherwise agreed in writing, all Products are supplied Ex Works (EXW) from the Company's premises.

Risk in the Products shall pass to the Customer immediately upon:

• Collection by the Customer.

• Collection by the Customer's carrier.

• Loading onto the Customer's nominated vehicle.

From this point the Customer assumes full responsibility for:

• Storage.

• Transportation.

• Distribution.

• Warehousing.

• Insurance.

• Product handling.

 

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11. Temperature Control and Storage

The Customer shall ensure that all Products are transported and stored in accordance with any storage recommendations provided by the Company.

The Company shall not be liable for deterioration resulting from:

• Excessive heat.

• Freezing.

• Exposure to direct sunlight.

• Excessive humidity.

• Temperature fluctuations.

• Poor stock rotation.

• Inadequate warehousing.

• Mishandling after collection.

 

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12. Third-Party Carriers

Any carrier appointed by the Customer shall be deemed to be acting as the Customer's agent.

The Company shall have no liability for:

• Damage in transit.

• Delayed delivery.

• Temperature abuse.

• Mishandling.

• Product deterioration occurring after collection.

 

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13. Shelf Life and Product Stability

Shelf life, best-before periods and product stability are based upon proper storage and handling.

The Company shall not be liable for any claim arising from deterioration occurring after:

• Transfer of risk.

• Incorrect storage.

• Temperature abuse.

• Failure to rotate stock.

• Damage to packaging.

 

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14. Spoilage, Fermentation and Mould

The Company shall not be responsible for spoilage, mould growth, fermentation, contamination or deterioration occurring after transfer of risk where such issues arise from:

• Storage conditions.

• Temperature abuse.

• Packaging damage.

• Improper handling.

• Failure to follow storage recommendations.

The Customer shall bear the burden of proving that any alleged defect originated during manufacture.

 

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15. Customer-Supplied Materials

Where ingredients, packaging, labels, caps, closures, cartons or other materials are supplied by the Customer, the Company accepts no responsibility for their suitability, performance or compliance.

The Customer shall indemnify the Company against claims arising from such materials.

 

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16. Labels, Claims and Regulatory Compliance

The Customer is solely responsible for:

• Product claims.

• Marketing claims.

• Nutritional information supplied by the Customer.

• Trademarks.

• Copyright.

• Regulatory compliance of labels and artwork.

The Company provides no warranty regarding the legality or accuracy of Customer-supplied content.

 

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17. Product Rejection

Products may not be rejected solely because:

• Consumer feedback is negative.

• Sales expectations are not achieved.

• The Customer changes its commercial requirements.

• The Product performs differently from expectations.

• A flavour profile is considered unsuitable by end users.

The Customer must demonstrate a material manufacturing defect or proven failure to manufacture in accordance with the approved specification.

 

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18. Limitation of Liability

To the maximum extent permitted by law, the Company's liability shall be limited to either:

• Replacement of the affected Products; or

• Refund of the manufacturing charges paid for the affected Products.

At the Company's sole discretion.

 

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19. Exclusion of Consequential Loss

The Company shall not be liable for:

• Loss of profit.

• Loss of sales.

• Loss of contracts.

• Loss of business opportunity.

• Loss of goodwill.

• Damage to reputation.

• Marketing costs.

• Product launch costs.

• Distributor claims.

• Retailer claims.

• Storage charges.

• Indirect or consequential losses.

 

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20. Customer Indemnity

The Customer shall indemnify and hold harmless the Company from any claim, loss, liability, damage or expense arising from:

• Customer-approved formulations.

• Customer-provided specifications.

• Customer-supplied ingredients.

• Customer-supplied packaging.

• Labelling claims.

• Marketing claims.

• Product performance expectations.

• Regulatory breaches attributable to the Customer.

 

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21. Entire Agreement

The Customer acknowledges that it has not relied upon any representation, statement or promise not expressly contained within this Agreement.

These Terms and Conditions constitute the entire agreement between the parties.

 

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22. Governing Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales.

Any dispute shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

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