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Somerset Cider Solutions Limited
Terms & Conditions of Contract Packing, White Label, Private Label Production and Supply of Services
Version 1.1 – Effective 27 May 2026
1. Interpretation and Definitions
In these Terms and Conditions:
● “the Company” means Somerset Cider Solutions Limited (Company Number 11844891) whose registered office is at Unit 20 Clutton Hill Farm Estate, Clutton, Bristol, United Kingdom, BS39 5QQ;
● “the Customer” means the person, firm or company who purchases or agrees to purchase the Services and/or Goods from the Company;
● “Goods” means the cider or other alcoholic/non-alcoholic beverages produced or packed by the Company for the Customer;
● “Services” means the contract packing, bottling, kegging, blending, recipe development, white-label production, ingredient supply and any other services supplied by the Company;
● “Order” means the Customer’s order for the Services and/or Goods as accepted by the Company (including any Production Approval Document);
● “Customer Materials” means any ingredients, base cider, packaging, labels, raw materials or other items supplied by the Customer for use in the production process;
● “Production Approval Document” means the written document issued by the Company confirming the agreed specification, quantities, production date and duty treatment for a specific production run;
● “duty suspension” means the holding and movement of goods under HMRC excise duty suspension arrangements; and
● “Working Day” means any day other than a Saturday, Sunday or public holiday in England.
Headings are for convenience only and do not affect interpretation. References to legislation include any amendment, extension or re-enactment thereof.
2. Application of Terms
These Terms and Conditions apply to all quotations, Orders, contracts and supplies of Goods and/or Services by the Company to the Customer. They shall apply to the exclusion of any other terms and conditions that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
No variation of these Terms and Conditions shall be effective unless it is agreed in writing and signed by a duly authorised representative of the Company. The Customer acknowledges that it has not relied on any statement, representation, warranty or undertaking (whether oral or written) which is not expressly set out in these Terms and Conditions or the Order.
3. Food Safety and Hygiene Compliance
By utilising the Company’s services, the Customer acknowledges and agrees to comply with all applicable food safety and hygiene legislation, including (without limitation) the Food Safety Act 1990, the Food Safety and Hygiene (England) Regulations 2013 (or equivalent legislation in Scotland, Wales or Northern Ireland), and all related subordinate legislation, codes of practice and guidance issued by the Food Standards Agency (FSA).
The Customer shall ensure that all ingredients, materials, recipes, packaging and other resources supplied by the Customer for use in the production process meet the safety, quality, traceability and compositional standards required by law and by the FSA. The Company’s facility is operated in accordance with applicable food safety and hygiene requirements and the Company maintains a documented food safety management system. However, the Customer remains responsible for the overall conformity of the final product with all relevant food safety legislation, including (but not limited to) its composition, labelling (where the Customer provides or approves labels), allergen management and suitability for intended use. The Company exercises due diligence in its processing, packing and storage operations but does not assume ultimate liability for the Customer’s ingredients, recipes or finished-product specifications. Both parties shall cooperate fully in any traceability, recall or incident management procedures required by law.
4. Pre-Production Documentation and Duty Compliance
Prior to the booking or commencement of any production, the Customer must provide the Company with all required documentation and information. The Company reserves the right to decline or postpone production until all necessary documentation is received and verified to its reasonable satisfaction.
Where the Customer requires cider or other alcoholic products to be supplied or held in duty suspension, the Customer must supply details of its authorisation as an authorised warehousekeeper (if applicable) and the Excise ID of its approved tax warehouse; and its Alcohol Wholesaler Registration Scheme (AWRS) Unique Reference Number (URN).
The Company will not release or move goods in duty suspension to any Customer who has not provided valid evidence of the above authorisations.
The AWRS requirement does not apply where the Customer is charged a nil rate of Alcohol Duty under the Small Producer Relief (SPR) scheme (i.e. zero duty payable). Customers paying a reduced (but non-zero) rate of duty under SPR, or any other positive rate of duty, are required to hold a valid AWRS approval if they wholesale alcoholic products to other businesses.
The above requirements also do not apply where the Customer is not wholesaling alcoholic products (for example, where the Customer sells alcohol solely for consumption on its own premises and does not supply other businesses). The Customer is solely responsible for determining its eligibility for SPR (or any other duty relief), for ensuring it meets all HMRC production thresholds and other conditions, and for complying with all applicable excise rules. The Customer must notify the Company immediately of any changes to its status or authorisations. The Customer warrants that all information and documentation provided is accurate, complete and up to date.
5. Customer Materials and Production Resources
The Customer shall deliver all production resources, ingredients, packaging, labels and other materials required for its production run to the Company’s premises by no later than 15:00 on the Wednesday immediately preceding the scheduled production week, unless otherwise agreed in writing.
If the Customer Materials are not received by the required deadline, the Company may cancel the production run. In such circumstances, a cancellation fee of 25% of the total order value (subject to a minimum of £250) plus VAT shall become immediately due and payable.
Where the Company is handling time-critical pre-blended liquid on the Customer’s behalf, a specific delivery date will be confirmed in writing. Failure to deliver on that confirmed date will result in cancellation of the run and the same cancellation fee of 25% of the total order value (minimum £250) plus VAT becoming immediately payable. Any additional disposal, destruction or return costs incurred by the Company as a result of the failed production shall also be charged to the Customer.
The Company provides only ambient-temperature storage. The Company is unable to accept or store any Customer Materials that require chilled, frozen or temperature-controlled conditions. Any such materials delivered without prior written agreement may be used, refused or disposed of at the Customer’s cost and risk.
6. Customer Supplied Base Cider – Quality & Additional Processing
The Customer’s base cider must be delivered to the Company in good condition, properly racked and enzyme-treated, and otherwise suitable for blending, filtering and packing.
If the base cider is not supplied in suitable condition, the Customer acknowledges that this may cause damage to the Company’s equipment, result in lost production time or require additional processing. In such circumstances the Company reserves the right to:
(a) charge a filtration levy of 10p per litre for any additional processing required; and/or
(b) charge the Customer for any repair, cleaning or downtime costs reasonably incurred.
Where the Customer requires colour matching, and the pectin naturally present in the base cider reacts with the added colour to produce haze or other filtration issues, the cost of any additional refiltration or remedial processing shall be charged at 10p per litre.
If in doubt, the Customer should send a representative sample of its base cider to the Company in advance of production for evaluation. The Company shall not be liable for any failure of the finished product to meet the Customer’s specifications where the issue arises from the condition or composition of the Customer-supplied base cider.
7. Base Liquid Quantity
The Customer must supply sufficient base cider or other liquid base to cover the full agreed production run size specified in the Production Approval Document. Where the Customer supplies an excess quantity of base liquid, the Company will use reasonable endeavours to maximise its use and may, at its discretion, produce additional finished Goods beyond the original Order quantity. However, the Company gives no guarantee that any excess will be processed. In particular, if there is a shortage of Customer-supplied labels, bottles, kegs or other packaging materials required to complete the run or during peak production periods, any unprocessed excess base liquid may remain unused. The Company reserves the right to dispose of any such excess at the Customer’s cost and risk if it cannot be reasonably incorporated into the production run (including after blending has commenced). The Customer is encouraged to contact the Company by email or telephone prior to dispatch if it is unsure of the exact quantity required.
8. Customer-Supplied Labels
The Customer shall supply all labels strictly in accordance with the Company’s label specification (document PU-1004). The Customer is solely responsible for checking that all labels comply with this specification prior to delivery.
Labels must be supplied on reels with an outer diameter as close as reasonably practicable to the maximum specified by the Company. The Customer must ensure that the labels are the correct size and format for the intended pack type. Best-before-end (BBE) dates are printed directly onto the bottle neck by the Company; BBE dates cannot currently be printed onto the labels themselves.
The Customer is advised to order a minimum of 10% more labels than the exact quantity required for the production run to allow for normal production wastage and label supplier tolerances (typically ±5%).
If the Customer’s labels do not meet the Company’s specification or are otherwise unsuitable, the Company may cancel the production run. In such circumstances a cancellation fee of 25% of the total order value (subject to a minimum of £250) plus VAT shall become immediately due and payable. Any additional costs incurred by the Company (including disposal or return of unsuitable labels) shall also be charged to the Customer.
The Customer remains ultimately responsible for the accuracy, legality and verifiability of all claims, information and declarations appearing on the labels and on the finished product. The Company accepts no liability for any errors or omissions in label content, design or compliance with food labelling legislation.
9. Product Specifications
It is the Customer’s sole responsibility to ensure that the Company holds current and accurate liquid and packaging specifications on file at all times. The specifications most recently submitted and accepted by the Company will be those used for blending, production and packing.
The Company strongly discourages frequent or minor amendments to specifications once they have been accepted. The Customer is encouraged to finalise its liquid recipe and packaging specifications prior to production to avoid unnecessary delays, additional costs or production errors.
Any changes to specifications must be submitted in writing and will only take effect once they have been formally acknowledged and accepted by the Company. The Company reserves the right to charge additional costs (including, without limitation, raw material, testing, rework or production downtime costs) arising from late or repeated specification changes.
10. Process Guarantee & Customer Recipes
The Company only guarantees that it will perform its stated processes (including standard pasteurisation and industry packing procedures) as instructed. The Company has no control over, and gives no guarantee or warranty as to, how those processes will interact with the Customer’s recipe, formulation, raw materials or specification. In particular, the Company gives no assurance that pasteurisation or other standard processes will not alter the flavour profile, colour, clarity, stability, shelf-life, appearance or any other characteristic of the finished product.
The Company may suggest a shelf-life; however, it is the Customer’s sole responsibility to conduct its own shelf-life assessments and to determine the appropriate shelf-life for its specific product and intended use.
The Company’s processes reflect normal industry standards for contract cider production. The Customer acknowledges the potential risks and the Company shall not be liable for any failure of the product to meet the Customer’s expectations or any associated losses, claims or costs.
10.1 Exact Recipes Supplied by the Customer
Where the Customer supplies an exact recipe or detailed formulation instructions (as opposed to target specifications only), the Company shall follow those instructions precisely.
The Company shall not be liable for any failure of the finished product to meet any target specifications (including, without limitation, titratable acidity, specific gravity or sensory/taste profile) or for any other variation in the characteristics of the product that results from strict adherence to the Customer’s exact recipe.
The Company will, however, use reasonable endeavours to achieve the declared alcohol by volume (ABV) within applicable legal tolerances, as this is a statutory labelling requirement. The Customer accepts full responsibility for the final characteristics of the product when an exact recipe is provided.
11. Seconds / Factory Stock
Where product is produced during the manufacturing process but is deemed by the Company to be of lesser quality (for example, due to misaligned labels, minor cosmetic defects or other non-critical variations), yet remains safe, compliant with all applicable food safety legislation and usable, the Company may retain such product as “seconds” or “factory stock”.
The Company may offer the seconds or factory stock to the Customer at a discounted price. However, unless the Customer expressly instructs otherwise, the Company shall be entitled to keep and deal with the product as it sees fit (including selling it as factory stock or otherwise disposing of it in order to reduce food waste). If the Customer wishes to purchase the seconds, acceptance shall be on an “as is” basis with no right of return and with no warranties or guarantees as to appearance, presentation or marketability.
12. Price Validity and Variations
All prices quoted by the Company are valid for formal acceptance by the Customer for a period of 30 days from the date of quotation, unless otherwise stated. Where fixed pricing has been agreed, this will automatically expire at the end of the Company’s financial year (1 April to 31 March).
The Company reserves the right to adjust prices at any time within this period (including, without limitation, raw material costs, energy, transport, labour, or changes in applicable excise duty rates). In such circumstances, the Company will notify the Customer in writing of any revised pricing as soon as reasonably practicable. Any adjusted prices shall apply to all unaccepted quotations and to future orders.
13. Government Charges, Duty & Reliefs
All prices quoted by the Company are exclusive of any applicable Government charges, including (without limitation) Alcohol Duty and the Extended Producer Responsibility (EPR) Packaging Levy.
Where production is subject to such charges, they will be applied to the Company’s invoices at the rates in force at the relevant duty point or charge date.
Duty rates shown on the Production Approval Document are correct at the date of production. However, should there be a subsequent change in the applicable duty rate prior to the release of the product from the Company’s bonded warehouse, the rate in force at the time of release (or the duty point) will be applied on the final duty invoice.
If the Customer claims any exemption or relief (including Small Producer Relief (SPR)), the Customer must supply to the Company, prior to confirmation of the order, the appropriate evidence or documentation from the relevant regulatory body (such as HMRC) confirming the exemption or relief. The Company reserves the right to request updated evidence at any time and to apply the full charge until satisfactory evidence is provided and accepted.
Where the Customer provides the Company with an SPR rate or calculation, the Company shall not be liable for the accuracy of that rate or calculation. The Customer shall remain fully liable for any additional duty, penalties or interest arising from any inaccuracy or incorrect application of the relief.
14. Raw Materials and Excise Duty Charging
Unless otherwise agreed in writing, where the Customer does not supply pre-blended cider or other liquid base the Company shall source and supply the necessary raw materials and ingredients; and these raw materials and ingredients will be charged to the Customer at the Company’s prevailing variable ingredient prices in force at the time of production.
Where goods are not transferred or held in duty suspension, the Customer will be charged excise duty at the applicable HMRC rates in force at the duty point. The Company will account for and pay such duty to HMRC on the Customer’s behalf (or as required by law) and will invoice the Customer accordingly.
The Customer remains responsible for ensuring that all duty has been correctly accounted for in accordance with HMRC rules. Any changes to duty rates or reliefs (including Small Producer Relief) shall be applied at the prevailing rates.
15. Payment Terms and Release of Goods
Unless otherwise agreed in writing, the Customer shall pay the full amount invoiced by the Company in cleared funds prior to collection or delivery of the finished goods. The Company shall not release or dispatch any goods (whether held in duty suspension or otherwise) while the Customer’s account remains in arrears. Any credit facility previously agreed with the Customer applies only to the Company’s processing, packing, and other service charges. It does not extend to the value of any excise duty payable on the goods. The Customer remains solely responsible for ensuring that all excise duty is correctly accounted for and paid in accordance with HMRC requirements. The Company reserves the right to withhold goods and to charge storage fees until all outstanding amounts have been settled in full.
16. Cancellation and Amendment Policy
The Customer may request to cancel or materially alter a confirmed production run by written notice to the Company. The Company reserves the right to charge a cancellation or amendment fee of 25% of the total value of the affected production run (subject to a minimum charge of £250) plus VAT.
This fee shall be payable immediately upon cancellation or amendment. The Company may, at its sole discretion, reduce or waive the fee where the production slot can be reallocated to another customer with minimal loss.
Where the cancellation or amendment arises from the Customer’s failure to supply materials, documentation or base cider by the required deadline, the cancellation fee set out in the relevant production resources clause shall apply in addition to any other rights the Company may have.
17. Bespoke Packaging and Unused Materials
Where the Company has purchased bespoke or customised packaging, labels, ingredients or other materials on behalf of the Customer (for example, keg collars, specialist bottles or printed packaging), any unused or residual stock shall remain the property of the Company until invoiced to the Customer.
In the absence of further production runs within a reasonable period, the Company reserves the right to invoice the Customer for the full cost of all remaining bespoke materials plus any applicable handling or storage charges. The Customer shall pay such invoice in accordance with the Company’s standard payment terms.
The Company may, at its discretion, offer to store unused bespoke materials for a limited period or arrange for their return or disposal at the Customer’s cost and risk. Ownership of the bespoke materials shall pass to the Customer upon full payment of the relevant invoice.
18. Rental Equipment and Industry Schemes
It is the Customer’s sole responsibility to ensure that it is fully authorised to use any rental equipment or industry pooling scheme (for example, CHEP pallets, Kegstar kegs, or any similar returnable systems) prior to the booking or confirmation of production.
The Customer shall provide the Company with evidence of such authorisation upon request. Failure to hold valid authorisation may result in the Company being unable to use the requested equipment, which could lead to delays, additional costs, or cancellation of the production run. In such circumstances, the Customer shall remain liable for any cancellation fees or additional charges incurred.
19. Rework, Storage and Collection Charges
Any finished Goods (including reworked Goods) remaining on the Company’s premises more than 7 days after the date they are made available for collection shall be subject to a storage charge of £4.95 per pallet (or part thereof) per week or part week. Storage charges will be invoiced weekly and are payable in accordance with the Company’s standard payment terms.
Where rework of any product is required (for example, re-running or re-labelling bottles due to insufficient or non-compliant labels, incorrect specifications or for any other reason attributable to the Customer), the rework shall be subject to additional production charges at the Company’s prevailing rates. Storage charges at the rate above shall continue to accrue until the reworked Goods are collected or otherwise dealt with in accordance with these Terms.
The contract packing or private label price includes the cost of one single collection of finished Goods. Where the Customer requires multiple collections, an administration fee of £50 (plus VAT) per additional collection will be charged. This administration fee will not apply to orders exceeding one full articulated lorry load where an additional collection is unavoidable due to vehicle capacity.
The Company does not offer any concession, credit or discount for pallets or stillages used for the delivery of the Customer’s resources or materials into the Company’s premises.
Any IBCs (Intermediate Bulk Containers) that are not collected at the same time as the completed production, or within seven days of the agreed collection date, shall automatically become the property of the Company. The Company may then deal with or dispose of such IBCs as it sees fit.
The Company reserves the right to increase storage rates on reasonable notice and to refuse further production or deliveries if any storage, rework or administration charges remain unpaid.
20. Haulage, Delivery & Collection Arrangements
The Customer shall arrange haulage and collection in accordance with the Company’s delivery and collection requirements (as notified from time to time).
The Customer must book a collection slot with the Company prior to arranging haulage. The haulage driver (or appointed representative) must be fully aware of the final destination of the goods. Any collection arriving without a confirmed booking slot or with incomplete information may be refused or turned away.
The Company accepts no responsibility for any loss, damage, or deterioration to the goods that occurs after they have been loaded onto the Customer’s transport (or its appointed carrier). Risk in the goods passes to the Customer upon loading.
21. Product Quality, Liability and Complaints Procedure
The Company shall exercise reasonable care and skill in the production and packing of the goods in accordance with the agreed specification and all applicable food safety legislation.
The Company shall not be liable for any deterioration in product quality, stability, shelf-life or performance that arises from:
(a) the Customer’s recipe, formulation or instructions;
(b) any raw materials, base cider or other components supplied by the Customer; or
(c) any improper storage, handling or transportation conditions after the goods have left the Company’s premises.
All goods must be inspected by the Customer upon receipt. Any alleged defect, shortfall or quality issue must be notified to the Company in writing as soon as reasonably practicable. The Customer must preserve the allegedly defective goods for inspection and provide the Company with reasonable access for verification.
Any complaint must be formally verified by the Customer and submitted in writing to the Company’s quality department, together with supporting evidence (including batch codes, photographs and retention samples where applicable). The Company will investigate the complaint promptly and in accordance with its documented quality procedures. No complaint will be accepted if the goods have been altered, repackaged or further processed by the Customer or its agents.
22. Limitation of Liability
The Company’s total aggregate liability to the Customer under or in connection with these Terms and Conditions, any Order, or any supply of goods or services (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall not exceed the total price actually paid by the Customer for the specific goods or services giving rise to the claim (i.e. the value of the relevant invoice).
This limitation shall not apply to liability for:
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death or personal injury caused by the Company’s negligence;
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fraud or fraudulent misrepresentation; or
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any other liability which cannot be excluded or limited by law.
The Company shall not be liable to the Customer for any indirect, consequential or special loss or damage, including (but not limited to) loss of profit, loss of sales, loss of goodwill, loss of reputation, or any pure economic loss, however arising.
23. Product Recall – Transport Costs
In the event of a product recall, the Company shall not be liable to reimburse the Customer for any return transport, shipping, logistics, replacement or disposal costs where the goods have been exported outside the United Kingdom.
All costs arising from any product recall (including replacement stock, transport, shipping, logistics and disposal) shall be subject to the overall liability cap set out in the Limitation of Liability clause. Any costs that would cause the Company’s total liability to exceed the value of the relevant invoice shall be borne by the Customer.
24. Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions or any Order if such failure or delay is caused by a Force Majeure Event.
A “Force Majeure Event” means any circumstance beyond the Company’s reasonable control, including (without limitation) acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination, any law or action taken by a government or public authority (including without limitation the imposition of an export or import restriction or quota), collapse of buildings, fire, explosion or accident, any labour or trade dispute, non-performance by suppliers or subcontractors, interruption or failure of utility service, power failure, failure or delay of HMRC systems, or any other industrial or transport disruption.
If a Force Majeure Event prevents the Company from performing its obligations for a continuous period of 30 days, the Company may terminate the affected Order by giving written notice to the Customer. The Customer shall remain liable for payment of all sums due up to the date of termination.
25. Intellectual Property Rights
The Customer warrants that it owns or has obtained all necessary licences, permissions and consents to use any recipes, formulations, branding, designs, labels, trade marks, logos or other intellectual property rights (“Customer IP”) supplied to the Company for use in the production of the Goods.
The Customer grants the Company a royalty-free, non-exclusive, worldwide licence to use the Customer IP solely for the purpose of performing the Services and producing the Goods under the Order.
The Company shall retain ownership of all intellectual property rights in its own processes, methods, equipment, know-how and any recipes or formulations developed by the Company (unless expressly agreed otherwise in writing).
The Customer shall indemnify the Company against all losses, damages, costs and expenses (including legal fees) arising from any claim that the use of the Customer IP infringes the intellectual property rights of any third party.
26. Confidentiality
Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, suppliers, pricing, recipes or production methods of the other party, except as permitted by this clause.
Confidential information shall not include information that is or becomes publicly known through no fault of the receiving party, or is required to be disclosed by law, court order or any governmental or regulatory authority (including HMRC).
This clause shall survive termination of any contract between the parties for a period of five years.
27. General Provisions
Governing Law and Jurisdiction
These Terms and Conditions and any contract formed under them, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.
Entire Agreement
These Terms and Conditions (together with the Order and any Production Approval Document) constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral.
Notices
Any notice given under these Terms and Conditions shall be in writing and sent by email to the address last notified by the other party or by pre-paid first-class post to the registered office address. Notices sent by email shall be deemed received at 9.00 am on the next Working Day.
Data Protection
Each party shall comply with all applicable data protection legislation, including the UK GDPR and the Data Protection Act 2018. The Customer consents to the Company processing its personal data for the purposes of performing the contract, including credit checks and debt recovery.
Severability
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver
No failure or delay by the Company in exercising any right or remedy shall constitute a waiver of that or any other right or remedy.
Assignment
The Customer may not assign, transfer, mortgage, charge, subcontract or deal in any other manner with any of its rights or obligations under these Terms and Conditions without the prior written consent of the Company.
Third Party Rights
A person who is not a party to these Terms and Conditions shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
28. Version Control and Updates
The Company may update these Terms and Conditions from time to time. The current version is published on the Company’s website [www.somersetcidersolutions.co.uk/terms]. The version in force at the date the Customer places an Order shall apply to that Order. Continued use of the Company’s services after the date of any updated version shall constitute acceptance of the revised Terms.