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MEANTIME BREWING COMPANY
LIMITED COLLEGE BEER CLUB
TERMS & CONDITIONS OF SALE

Revision 1 September 2010

1. General

1.1 In these Terms references to the “Company”, the “College Beer
Club”, or the “Club” are to Meantime Brewing Company Limited registered
in England No. 3748390 whose registered office is at Palladium
House, 1-4 Argyll Place, London and references to the “Club Member”
or “Member” are to any persons, fi rm or company which orders or buys
Goods from the Company. “Goods” means the goods which are the subject
of the Member’s order.
1.2 These Terms govern all sales of Goods by the Company to the
exclusion of any other terms. No conduct by the Company shall constitute
acceptance of any other terms. No variation of these Terms will
bind the Company unless made in writing and signed by a director of the
Company. No binding contract shall arise until the Company has notifi ed
its acceptance of the Members order. If the Company delivers any goods
before a binding contract arises, these Terms shall apply in relation to the
supply of those Goods. The Member may not cancel any order which has
been accepted by the Company or transfer or assign its rights or obligations.
1.3 These Terms supersede all previous oral or written representations,
undertakings and agreements relating to the Goods. All information
contained in the Company’s sales literature or correspondence is
provided for guidance only and does not form part of the sale contract.
The Company’s employees and agents are not authorised to make representations
or give undertakings relating to the Goods or the meaning of
these Terms. The Company may vary its specifi cation for Goods without
notice.
1.4 No delay or failure by the Company in enforcing its rights under
these Terms shall operate as a waiver unless confi rmed in writing by a
director of the Company. The contract of sale is governed by English law
and the parties submit to the exclusive jurisdiction of the English courts.

2. Membership

2.1 Membership of the Club is capped at a number that shall be
made available to all Members and prospective Members.
2.2 The Company reserves the right to increase or reduce the
membership of the club on an annual basis, but undertakes not to do so
without prior notifi cation to the existing club membership.
2.3 Membership shall be granted on a ‘fi rst come fi rst served’ basis
upon payment of the membership fee. Prior registration of interest shall
not confer any priority membership rights.
2.4 In return for membership the Company undertakes to supply the
Member with no fewer than two bottles of 750ml capacity or equivalent
or greater volume twelve times a year to be sent out at regular intervals.
2.5 Membership shall be valid for one year from the date of confi rmation
of payment of the membership fee, and shall be renewable on
an annual basis upon payment of the published membership fee for the
forthcoming year.

6 Membership is open only to those over 18 years of age, and by
applying for membership the prospective Member is agreeing that they
are over 18 years of age.
3. Availability, Vintage and Order Sizes3. 1 All Goods are sold subject to availability at the time for delivery.
If necessary the Company shall notify the Member of any non-availability
and may substitute alternative goods or cancel the order in respect of
the Goods which are not available and refund any monies paid for those
Goods.

4. Delivery

4.1 Delivery shall take place when the Company’s carrier unloads the
Goods at the Member’s premises (if the Company arranges transport
within the United Kingdom at the Member’s request) or otherwise when
the Member or its carrier or agent collects the Goods from the Company’s
premises. The Member will comply with the Company’s reasonable
delivery or collection instructions.
4.2 All delivery dates (requested or agreed) are estimates only and
time of delivery is not of the essence.
4.3 The Goods are not sold on a sale or return or exchangeable
basis. Goods may only be returned with the Company’s prior written
authorisation, in their original condition and packaging, with no additional
price marking, within date (and with suffi cient time before expiry to allow

e Company to deal with them) and carriage paid, for credit and subject
to the Member reimbursing all the Company’s costs relating to the sale
contract.
4.4 Deliveries should be signed for as `Not Examined' and the
Customer should inspect the goods as soon as possible and notify the
Company immediately of breakages or wine shortages. The Company
are unable to guarantee credit or replacements unless notifi ed in accordance
with clause 7. Should the Customer not be at the delivery address
at the time of delivery and wish the order left in a specifi ed place they
should advise the Company in writing before delivery is arranged. In such
circumstances the Company regrets that neither it not nor its carriers
can accept responsibility for any loss or damage which occurs once the
consignment has been left. In respect of any diffi culties associated with
delivery the Company can be contacted on +44 (0)208 853 3457 or email
to info@collegebeerclub.com.
4.5 If the Customer requests delivery to a business address delivery
will be successfully effected, if Goods are delivered to and signed for by a
representative at that address.

5. Price and Payment

5.1 Unless the Company states otherwise in writing, the price of the
Goods will be the Company’s list price current at the date of the Member’s
taking out membership.
5.2 The price of Club membership is subject to review on an annual
basis to refl ect, if necessary, any changes in duty, foreign exchange rates or
variations in the pricing of the Company’s suppliers.
5.3 The price of the Club membership excludes insurance, special
inspection or delivery requirements, and export duties all of which shall
be for the account of the Member.
5.4 The Company may impose such terms relating to payment, credit,
security or guarantee as it thinks fi t. Time of payment is of the essence
and no payment shall be deemed to have been made until received by
the Company in cash or cleared funds. Membership of the Club will not

e deemed to have been granted until payment has been received in full.

6. Risk and Title

6.1 Risk in the Goods shall pass to the Member upon delivery. Delivery
shall be deemed to have taken place when the courier fi rm appointed
by the Company is in possession of a receipt for the Goods signed by
the Member or any person undertaking to accept the Goods on behalf
of the Member or as provided for elsewhere in these Terms and Condition
(eg if left at a specifi ed place in the absence of the Member)..

7. Acceptance

7.1 In agreeing to join the Club the Member shall be deemed to have
read, understood and accepted these Terms and Conditions.
7.2 The Member shall inspect the Goods on delivery or immediately
upon receipt of the Goods from any person undertaking to accept the
Goods on behalf of the member. Goods which on delivery are damaged,
may be rejected only if the Member retains for inspection all packaging,
endorses any delivery document with details of any obvious loss or damage
and informs the Company and the Company’s carrier in reasonable
detail and in writing by the end of the third day after delivery. Unless rejected
or notifi ed as not delivered in accordance with this clause, Goods
shall be deemed accepted and the contract shall be treated as completed.
The company shall not be liable for Goods which are lost, damaged in
transit or out of date unless they are notifi ed to it in accordance with this
clause.
7.3 In order that Members may be able to determine if Goods have
not been delivered within a reasonable period the Company will publish
the despatch date of each shipment of Goods on its website www.
collegebeerclub.com. Members will be able to track the progress of the
Goods on the website of the courier appointed by the Company.

8. Warranty

8.1 The Company warrants that at the time of their delivery to the
Member the Goods will substantially conform to the Company’s description
of the Goods, be fi t for human consumption (where this is their
intended purpose) and comply with all laws and regulations applicable in
the UK. The Member’s sole remedy for any proven breach of this warranty
notifi ed to the Company within 30 days of delivery shall be (at the
Company’s option) the replacement of the Goods or a refund of the
price paid for the Goods, in each case subject to the Member making the
Goods available for collection by the Company in their original condition
and packaging. The Member may not assign or transfer the benefi t of this
warranty.
8.2 The Goods are not sold by sample, nor does the Company warrant
that they are suitable for the Member’s particular requirements. All
other representations and implied warranties, terms and conditions in
respect of the Goods are excluded to the fullest extent permitted by law.
8.3 No refund, credit or replacement will be given for out of date
Goods unless they are validly rejected for being out of date when delivered
to the Member.
8.4 Except as set out in these Terms and Conditions all warranties,
conditions and other terms implied by statute or common law are, to the
fullest extent permitted by law, excluded.

9. Limitation of Liability

9.1 Nothing in these Terms shall exclude or limit the Company’s liability
for death or personal injury resulting from its negligence or under
part 1 of the Consumer Protection Act 1987 or for any breach of the
statutory implied undertakings as to title to the Goods of for fraud or any

ther liability which may not be limited or excluded by law.
9.2 In all other cases, the total liability of the Company, its employees
and agents, whether in contract, tort (including negligence and breach
of statutory duty) or otherwise, shall not exceed the price paid by the
Member for the Goods in respect of which the claim is made.
9.3 In no circumstances will the Company, its employees or agents
be liable for any business interruption, loss of profi ts, contracts, goodwill
or anticipated savings, loss arising from third party claims or any special,
indirect or consequential loss (whether or not foreseeable).
9.4 The company will not be liable for any loss, damage, claim, cost
or expense arising from the Member’s failure to comply with the Company’s
instructions relating to the keeping, handling, use and storage of
the Goods or from any error in or absence of bar-code printing on the
Goods or their packaging.

10. Force Majeure

10.1 The Company will not be liable for any failure or delay in performing
its obligations caused by any circumstances which are beyond
its reasonable control, including without limitation any act of God, fi re,

ood, plant breakdown, malicious damage, theft, non-availability of power,
water, supplies or materials, industrial action (including by the Company’s
employees), act of government or other public authority, civil disturbance,
terrorism or war.
10.1 In such event the Company may reserve the right to substitute
alternative Goods to an equivalent value.

11. Termination

11.1 The Member may terminate Club membership by giving one
month’s notice in writing to the Company. The Company undertakes to
refund all outstanding monies for beers undelivered within that years’
membership period on a pro rate basis.
11.2 The Company may terminate Membership upon written notifi cation
to the Member under the following circumstances
i) persistent failure to successfully deliver Goods to the Member.
ii) inappropriate behaviour by the Member in any of the Company’s
premises or any other behaviour that in the opinion of the Company
would or may bring the Club or the Company into disrepute.
iii) publication of any derogatory, libellous or defamatory comment
about the Company or the Club by or on behalf of a Member,
broadcast, in print or on any electronic media
11.3 In the event of termination under i) above the Company will
refund to the Member any sums outstanding for Goods as yet undespatched
oportionate to the remaining period of the membership year.
11.4 In the event of termination under ii) or iii) above the Company
will retain all monies paid irrespective of the remaining period of the
membership year.

12. Miscellaneous

12.1 The Company reserves all intellectual property rights in the
Goods and any associated merchandise or documentation, including but
not limited to copyright, registered and unregistered design rights patents
and patent applications, registered and unregistered trademarks and confi
dential know-how. Save for the honest use of any trademarks to identify
the Goods, the Member may not use any such rights without the Company’s
express written consent.
12.2 If the Goods are exported outside the United Kingdom, the
Member shall be responsible for complying with all laws and regulations
governing their importation, handling use and re-sale in the country of
destination. Unless agreed otherwise in writing, the Member shall bear all
risks in export Goods after they leave the Company’s premises and Section
32(3) of the Sale of Goods Act 1979 shall not apply. For the purpose
of Section 44, 45 and 46 of that Act, any carrier or United Kingdom port
used to export the Goods shall be deemed to be an agent of the Company.

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