Cask Owners Terms and Conditions
1. The completed order form and these Terms and Conditions comprise the contract of sale for a Year 1 Cask (“Cask”) between Toulvaddie Distillery Ltd ( also referred to as “we, our or us”) and our Customer (also referred to as “you or your”).
2. Cask Availability – Toulvaddie Distillery is a true micro-distillery and as such only has a small number of casks which are available for individual purchase. These are on a first come first served basis. Check on www.toulvaddie.com or contact the team on +44 (0) 1806808138 or email casks@toulvaddie.co.uk for further details
3. Cask Sizes - Our casks are all approximately 70 litres with a broad range of type. 100 litre and larger casks may be available by special request.
4. Cask Content - The Cask to be filled with New Make Spirit produced at Toulvaddie Distillery at a filling strength appropriate for the cask type. This will vary between 58% and 63.0% alcohol by volume (ABV).
5. The Cask - The price does not includes the cost of the actual wooden Cask which shall remain the property of the Distillery.
6. Payment – is due upon ordering. This payment will include your spirit, warehousing, insurance and all other detailed services for a 3 year period. It further includes the costs of repair to any Cask which is leaking and the replacement of any Spirit lost as a result of that leakage, but does not include spirit loss due to natural evaporation.
7. Storage - Storage and insurance for the first three (3) years are included in the initial purchase price. Further storage and insurance can be purchased in two year blocks at a cost of £100. It should be noted that the small size of our casks produces a more rapid maturation. All casks will be stored under bond at Toulvaddie distillery with regular inspections of the Cask for signs of leakage.
8. Angels’ Share - During maturation alcohol evaporates from the cask at an average annual rate of 2%, apart from the first year where the normal loss is closer to 5%. Losses in excess of these rates may occur.
9. Cask will be filled once completion of the build of the distillery has taken place and production has begun.
10. With each cask purchase we will provide a cask ownership certificate, a video of your cask being filled and stenciled with the owners name.
11. Ownership - This offer is aimed at individuals, or small groups, who want to create their own unique expression, to enjoy days out visiting Toulavaddie Distillery and their cask and to experience their own, unique dram once it is bottled. Buying a cask with friends is affordable, results in a ‘more manageable’ quantity of bottles at the far end and leaves you more money to buy further casks from us. Buying two different casks and blending, is an option. However, we require a single point of contact who will be the legal owner. Ownership is not transferable without prior permission from Toulvaddie Distillery. Should your cask become available for sale, Toulvaddie Distillery has first right of refusal to purchase at the original sales price. Thereafter, ownership can be transferred to another single, named individual, with our approval.
Toulvaddie Distillery Year 1 Cask Offer Ts&Cs
12. Final Payments - These will be due when you decide your cask, or part of, should be bottled. The majority of these payments will consist of Excise Duty plus bottling and labelling costs. The prevailing costs at the time of bottling will be charged.
13. Excise Duty – This is the tax on the % of pure alcohol, payable to His Majesty’s Customs and Excise. This tax must be paid if the whisky is removed from bond. The Duty rate is subject to change and various different rates of Duty apply throughout the EU and the rest of the world. UK Duty is not payable if the cask is sold back to the distillery ‘under bond’. The current rate of Duty is £31.64 per litre of pure alcohol
14. Bottling - We offer two bottling strengths – cask strength and 44% ABV but we are flexible. Bottling will not be chill filtered. All casks will be bottled at natural colour. The cask will be hand bottled at the prevailing rate at the time of bottling: currently £30 per case of 12 bottles. We require a minimum of 2 months’ notice before bottling, to allow for locality labelling and tax stamp requirements.
15. Bottle Type - The cask will be bottled in a Toulvaddie Distillery bottle, with a personalised Toulvaddie Distillery label. The quoted rate includes bottles, corks, closures, outer cases, and labelling. Additional labelling can be provided if required. All labelling must comply with Scotch Whisky legislation and any other relevant legislation pertaining at the time. The label and packaging will record that the product has been distilled, matured and bottled at the distillery but will otherwise not carry any other reference to our intellectual property.
16. Delivery - On completion of any bottling, collection should be arranged by the owner. Bonded goods can be transferred to any location in the world, however, local Duty rates will apply once it is removed from any final Bond.
17. Valued Added Tax - This is not included in the quoted purchase price per cask. You will also be charged VAT on the bottling cost and Excise Duty when it leaves Bonded status. If the cask is sold back to the distillery ‘under bond’, no VAT will be due.
18. Duty/VAT Suspension - If your spirit is exported outside of the EU (or to a registered importer within the EU) Duty and VAT can be suspended (but not avoided) subject to the exporter being registered for both Duty and VAT. Both would be payable in the country of final destination. It is up to the cask owner to find an importer and arrange this.
19. Change of Address - You must notify us immediately of any change to your address or contact details. In the event that we are unable to contact you within 6 months of the expiry of 3 years from the date when the Cask is filled, we reserve the right to sell the Cask and the Spirit and to hold the proceeds on your behalf after deduction of sale costs and any other costs which we may have incurred from warehousing the Cask for a period longer than 3 years.
20. Your Rights - Under this contract of sale, your rights may not be transferred or assigned to a third party without our consent in writing. This contract of sale is governed by Scottish Law and you and we agree to and accept the exclusive jurisdiction of the Scottish Courts in respect of any matters arising from it.
21. To comply with the UK Warehouse Owners and Warehouse Goods Regulations (“WOWGR”) you are required to confirm that you are a private individual purchasing the filled Cask for private consumption or gifting and that the ultimate bottled Scotch Whisky produced from the Cask purchased will not be sold or traded for profit. Your signing of the Order Form will be deemed by us to be your confirmation of WOWGR compliance.
22. By purchasing a cask you are agreeing that you are of legal age to buy alcohol in your country.
Should you require further information please get in touch with the Toulvaddie Team on +44 (0) 1862808138 or email casks@toulvaddie.co.uk for further details.