TERMS AND CONDITIONS

 

The information below relates to standard terms and conditions apply for goods and services. For online terms and conditions, subscription agreements and other legal documents relating to a website or a mobile application, please refer to the information under the section “Intellectual Property / Information Technology”.

  1. Terms and Conditions for Goods

The standard Terms and Conditions apply for the sale or purchase of physical goods to provide a framework for individual sale and purchase transactions. These are usually Terms and Conditions of Sales but occasionally Buyers may also have its own Terms and Conditions of Purchase. The Terms and Conditions stipulate how the transactions will be dealt with, without the time and cost involved in drawing up conditions for each individual transaction. By entering into the transaction, the counterparty is deemed to have accepted these Terms and Conditions without signing them (so long as these “Terms and Conditions” have been provided to the counterparty upfront).

  1. Conflicts between Sale and Purchase Agreement and Terms of Service

In the case where a separate Sale Agreement is signed and there is a conflict, the Agreement should stipulate that “the provisions of this Agreement shall prevail if there is any conflict between this Agreement and the Company’s terms of sale”. Similarly, if both parties have terms and conditions which are in conflict, one could include the following terms and conditions example: “Any terms appearing on the [Buyer/Seller]’s [purchase/sale] orders, or any other documents issued by the [Buyer/Seller], shall be wholly inapplicable to the sale of Products, and the terms of this Agreement shall prevail.”  

In certain jurisdictions, it is illegal to include consumer transaction exclusion clauses or to make statements as to the consumer’s rights without also notifying him that his statutory rights are unaffected. This not only renders these clauses void but may also be a criminal offence. Please check with local legal counsel on this issue.

  1. Terms and Conditions for Service

Terms and Conditions for Service are a set of rules and statements that potential users of the service must follow and agree to if they want to use the service. Setting terms and conditions is an important aspect of business whenever services are provided to other people or organizations. In order to draft good terms and conditions, one must consider the nature of its business, understand what types of terms are useful and will apply to the situation, where they should be placed, and how they will be accessed.

 The main advantages of applying Terms and Conditions to goods and services are:

  • Protect your business – specifying the terms of service will reduce the uncertainty and misunderstanding with the customers. 
  • Risk disclosures – disclosing to the customers on the risks of using the service can reduce claims from and liabilities to customers.

 

  • Prevent abuse – setting out guidelines for using the service and what will happen if the guidelines are not followed can prevent customers from misusing the service (including the right to terminate the service). 

 

  • Intellectual property rights – reserving the copyright, trademark and all other intellectual property right of the service provider can help to protect it from theft or misuse. 

 

  • Limitation of liability – disclaiming specific liabilities that the service provider will not be responsible for, and setting a cap on the maximum liability the service provider will be responsible for.

 

  • Applicable Law – providing the location of the service provider as the applicable law and venue for dispute resolution to prevent the possibility of the customer bringing a claim in another jurisdiction.

 

  1. Deemed Acceptance by Conduct

 

It is best if potential customers are asked to accept terms and conditions, prior to the sale and purchase of goods or use of the service. However, case laws have found that a binding and enforceable contract subsisted between parties to terms and conditions sent by one party to another, on the basis that the parties had, by their conduct, acceded to its terms, even though the terms and conditions provided have not been explicitly accepted or signed by the parties.

 

So long as the terms and conditions applied have been sent to the other party, it is possible to activate an incomplete contract by conduct through proceeding with the transaction or the use of service by the party. Resulting in that party finding itself being bound by promises which it had assumed it did not agree to.  

 

  1. Unfair Contract Terms  

 

Terms and Conditions are contractual and are legally binding. There is no exemption for not bothering to read the terms and conditions because they are too long, one-sided or too legalistic. Even though the standard terms and conditions for most companies are set out in a standard, print out form document, they may still be negotiable by the parties. There may be local Unfair Contract Terms law which prohibits the exclusion of negligence liability for personal injury by businesses, otherwise online terms and conditions would generally be enforceable.   

 

  1. TERMS AND CONDITIONS EXAMPLES:  

Terms and Conditions are usually not negotiated. They are deemed to have been accepted by the user upon transacting / using the service. Members are often confused about which template to use in terms and conditions. The following table is a quick reference guide:  

 

Documents When to Use Terms and Conditions of Professional Service Standard terms and conditions for professional services. This is applicable to professional services firm such as lawyers; accountants; surveyors etc. Terms and Conditions for Purchase of Goods Standard terms and conditions for the purchase of goods provide a framework for individual sale and purchase transactions. This is for purchaser, distributor or retailer. Terms and Conditions for Sale of Goods Standard terms and conditions for the sale or purchase of goods provide a framework for individual sale and purchase transactions.                                                    

 

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Whiskers McDonald
Whiskers McDonald
2023-11-01
I came to the fingerlakes for wine but this distillery may have been my favorite stop. Our party of 5 had several cocktails, a bloody mary flight which was a small meal in and of itself; a margarita flight, and a bourbon flight. We had soft pretzels and some irish coffee and lots of fun. I really liked the atmosphere and the layout of the place. The owners did a great job servicing all the clientele considering two other employees called out that morning. We left with 3 bottles of happiness and would return here.
Eileen Davis
Eileen Davis
2023-10-21
Great drinks!! Great views. Great Entertainment!
Salvatore P Pantano
Salvatore P Pantano
2023-10-18
So when you had your fill of wine tasting go to Barrelhouse 6. They have a very good selection of their own distilled spirits. Go and try the Bourbon and be bold and try the Cream versions. They have a nice selection of mixed drinks. They also support local wineries with a nice selection of wines. They have snacks to go with your drinks. You need to make this a stop on your travels.
Maria
Maria
2023-10-08
Delicious mallowtini. The service was excellent & the view is beautiful
Mary Hummerick
Mary Hummerick
2023-10-07
We waited a long time to order our drinks, with no acknowledgement, borderline rude. Drinks delicious bad service.
Leigh Johnson
Leigh Johnson
2023-10-07
Nice facility, good live entertainment, but horrible bar service!
Lisa Ruffe
Lisa Ruffe
2023-10-07
Drinks are great, views are beautiful. serves needs improvement, maybe place the line at the end of the bar, no seats at the bar, and pick up at the other end. Maybe this will make for a smoother process and less pressure on the bartenders.
Lynn Diven
Lynn Diven
2023-09-18
Great evening with friends. Shared flights and sat on the deck overlooking Keuka Lake.
Timothy Heimbender
Timothy Heimbender
2023-08-26
Really good bourbon and moonshine, views of the lake
Hayley Earhart
Hayley Earhart
2023-08-15
Fantastic cocktails and gorgeous view from their back deck. Dog friendly too so we brought our pups to relax. Very enjoyable experience
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BARRELHOUSE 6 DISTILLERY 9558 MIDDLE ROAD, HAMMONDSPORT, NY 14840

MON-THURS: Closed
FRI: 4pm – 8pm
SAT-SUN: 12pm – 8pm
Call Us At:
1 (607) 868-3310

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