Introduction

Welcome to Allied Beverage Group, LLC ("Company", "we", "our", "us"). These Terms and Conditions ("Terms", "Terms and Conditions") govern your use of our B2B eCommerce platform (the "Service") accessed through our website. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Company Information

Company Name: Allied Beverage Group, LLC

Address: 700 Kapkowski Rd., Elizabeth, NJ 07430

Telephone Number: 908-929-5000

Email Address: allinsupport@alliedbeverage.com

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Allied Beverage Group, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Allied Beverage Group, LLC. Allied Beverage Group, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Allied Beverage Group, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Limitation of Liability

In no event shall Allied Beverage Group, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

TERMS & CONDITIONS OF SALE

All sales of alcoholic beverages to retail licensees are upon credit terms of NET 30 DAYS, except where lesser terms of credit or no credit terms at all are either required by law or justified by credit history or risk. If the 30th day (or other due date) following delivery is a weekend or holiday, the due date shall become the next business day.   

Credit terms noted on each invoice are to apply only to the individual sale represented by that invoice and do not necessarily extend to any other sale.

Pursuant to the requirements of N.J.A.C. 13:2-24.4, entitled Regulation of Wholesaler Credit:

Our bill and hold storage charge is: one (1) cent ($0.01) per case per calendar day for this month. Storage charges are invoiced separately and fall within the current policy of Net 30 days. Notices of delinquency will be issued following service of associated notices of obligation and the mandated waiting period thereafter.

In order to participate in bill and hold at ABG, retailer must sign a certification letter which was due January 1, 2016 & renewed each July 1st thereafter.

Payment of C.O.D. accounts must be made by cash, money order, certified check or other appropriate negotiable instrument given to our agent at or before the time of delivery.

Payment on credit accounts may be made by personal or business check either 1) received by our office or 2) postmarked and in the mail, no later than the due date of the invoice.

Notices of delinquency will be issued following service of concomitant notices of obligation and the mandated waiting period thereafter.

Notices of Satisfaction of past due indebtedness of defaulted retailers will be issued 1) upon receipt of cash, money order, certified check or bank check, or 2) if payment is by uncertified check, upon notice that the uncertified check has cleared the bank.

All invoices outstanding 30 days after delivery are subject to a service charge of 2% per month. Under applicable circumstances the following service charge forgiveness policy shall apply.

In the event a retail account has unpaid invoices for six months or greater with out payment, the account will forfeit all RIPs for applicable invoices.

In the event of full payment of all outstanding invoices to all divisions of Allied Beverage Group, L.L.C. by a continuous owner within 2 years of the oldest outstanding invoice, half of the total assessed service charge shall be waived.

In the event that a former credit worthy licensee retakes possession and operation of a license from a purchaser on default and pays in full all outstanding invoices to all divisions of Allied Beverage Group, L.L.C. in an effort to clear the license from default, the total assessed service charge may be waived.

In the event of a “person to person” sale and transfer of a license in default whereby the proceeds of the sale are satisfying in full all outstanding invoices to all divisions of Allied Beverage Group, L.L.C., half of the total assessed service charge shall be waived.

Notwithstanding the above stated service charge forgiveness provisions, in the event that an account is turned over to a collection agent or attorney there shall be no adjustment of the total assessed service charge.

A charge of $40 will be assessed when Allied Beverage Group suffers a bank service charge for checks returned unpaid.

Note: Allied Beverage Group offers WEB specials each month. Notifications of Specials are emailed to sales reps and managers plus posted on our website. All licensees have an opportunity to purchase. Specific days that are offered are in our Price filing each month. See our website www.alliedbeverage.com

In the event that an account is turned over to a collection agent or attorney in order to collect an indebtedness, the cost of collection shall be the responsibility of the retail licensee.

All prices include delivery charge, however the minimum order for delivery is $300.00. If requested, individual deliveries to cooperative purchase participants will be made at an additional charge of $1.50 per case ($300.00 minimum order applies). All cases that are entered as a COOP will have the drop point designated account at no charge.

Unless otherwise indicated, all quantity discounts listed refer to price reductions of a single brand and type of wine, spirits, beer or ale. By way of example, unless specifically indicated, blackberry brandy and apricot brandy of a given cordial brand, or Chablis and burgundy of a given wine brand, may not be combined to qualify for a discount. Where indicated, purchases of mixed sizes of a given brand and type will qualify for the applicable discount.

Quantity discounts are available on purchases of full cases only.

Items ordered by single purchasers in quantities requiring splitting of full cases are invoiced in accordance with the bottle price listed for those items. Where no bottle price is listed for an item, it is available for full case purchases only.

All sales are final with the exception that returns for credit or replacement will be accepted:

1. In the event of bona fide errors in shipment or billing, if notification is received within 2 business days of delivery, or;
2. for ordinary and usual commercial reasons arising after the product has been sold as is customary to the industry and as is contemplated in The Federal Alcohol Administration Act, Section 205 d, further detailed in the BATF Regulations 27 CFR Part 11, Subpart D.

Pursuant to the requirement of N.J.A.C. 13:2-26.1 (6), all purchases on credit through or by cooperative agreement shall be reduced to writing, signed by the wholesaler and each individual participating member of the cooperative, and be consistent with the provisions of all credit related regulations. Such credit terms shall include adequate assurances of payment by either the posting of a bond by the cooperative or a provision establishing joint and several liability for payment for the purchases made through the cooperative.

RIPS will be paid no sooner than 30 days from the date when all of the cases of the initial order are paid in full, regardless of whether there were any "To Follow/Backordered" cases. For example, where the customer ordered the 10 cases of XYZ Wine and only 8 cases of Cabernet are in stock and 2 cases of Chardonnay are "To Follow/Backordered", the RIP will be paid no sooner than 30 days from the date that all 10 cases are paid for.

Orders received and invoiced up to and including the end of a given month will reflect that month’s prices and will be delivered as soon thereafter as possible.

A post-dated check or a dishonored check upon presentation for payment shall not be deemed payment.

In the event that any Allied location is forced to close due to weather or other factors we will carry forward all pricing and rips through the next business day when we reopen.

RIPs, credit and delivery of backordered goods shall be handled in the manner set forth in the NJ ABC's Amended Advisory Notice dated February 28, 2021 and that the terms described therein shall be made available on proportionally equal terms to all retailers in a non-discriminatory manner. N.J.A.C. 13:2-24.2(a)(2).

Terms of Sales Updated: September 30, 2021

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States and the state of New Jersey, without regard to its conflict of law provisions.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms, please contact us at:

Email: allinsupport@alliedbeverage.com

Telephone Number: 908-929-5000

Address: 700 Kapkowski Rd., Elizabeth, NJ 07430

Effective Date: January 1, 2024