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DUNPHAIL CASK SALE TERMS & CONDITIONS

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These Terms and Conditions form the contract of sale for a cask (“Cask”) between Dunphail Distillery Ltd, Wester Greens, Dunphail, Forres, Moray, IV36 2QR, a company registered in Scotland under company number SC712327 (referred to as “we,” “our,” or “us”), and you, our Customer (referred to as “you” or “your”).

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As part of the purchase process, you must confirm whether you are buying the cask as:

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An Individual (for private use); or

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A Revenue Trader (for business purposes).

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This information is required to ensure compliance with applicable regulations and proper handling of your transaction.

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Payment

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Full Payment Requirement: Payment must be made in full before your cask can be filled. Once payment is received, your purchase will be confirmed, and the agreed terms will take effect.

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Your payment includes:

The cost of the spirit (peated or unpeated), The oak cask for the maturation period, and Warehousing and insurance for an 8-year period. The price of the cask will vary depending on its size and your choice of peated or unpeated spirit.

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Additional costs

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If you decide to bottle your cask, the following costs will apply:bottling and labelling, delivery charges, Excise Duty and VAT (calculated at the prevailing rates) 

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These payments must be made prior to bottling.

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Selling your cask

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If you choose to sell your cask in the thriving secondary market while it remains in bond, excise duty and VAT will not apply.

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Cask filling

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After purchasing your cask, we will schedule a filling date aligned with our production schedule. Once the date is confirmed, we will notify you, and you may choose to: 

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Attend the cask filling in person, where you can participate or perform the filling yourself; or 

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Have us perform the filling on your behalf, with an option to receive photos and/or a video of the process. Please allow approximately three months between your purchase and the cask filling date. Schedules may change due to operational requirements; therefore, we advise against purchase if this timeline is unsuitable.

We also offer pre-filled casks for sale, which are immediately available for ownership.

 

Casks and contents

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Your cask will be filled with either peated or unpeated new make spirit at a filling strength of 63.5% ABV, depending on your selection. The nominal cask size is 200 litres for ex-bourbon barrels or 250 litres for ex-sherry hogsheads. However, actual capacity may vary, and we cannot guarantee the exact final volume of spirit each cask.

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All details will be given on the cask certificate.

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Storage and insurance

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Your purchase includes 8 years of storage and insurance at our bonded warehouse, located on-site at Dunphail Distillery. After the initial 8 years, you may extend storage on an annual basis, subject to additional charges at the current rates.

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Compliance and safety

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All casks are securely stored in an HMRC-approved bonded warehouse, ensuring full compliance with government regulations. Each cask is tracked in a closed and monitored system, maintaining an official paper trail for complete traceability.

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Relocation

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While our primary warehouse is located at Dunphail Distillery, we may use additional or third-party bonded warehouses to accommodate demand. If necessary, we reserve the right to relocate casks to other HMRC-approved warehouses, ensuring their safety, security, and compliance.

Cask owners may also transfer their cask to any other HMRC-approved bonded warehouse in Scotland. All costs and arrangements for such transfers will be the sole responsibility of the cask owner.

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Damage to casks

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If a cask becomes damaged or leaks, Dunphail Distillery will replace it with a similar cask type, filled as close as possible to the original fill date. 

This will apply only if the casks are stored at Dunphail Distillery.

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Angels’ share

Approximately 2% of each cask’s contents evaporates annually (the “Angels’ Share”). Over time, this can vary based on individual cask conditions, and the alcoholic strength (ABV) typically decreases as the whisky matures. Each cask is unique, and the rate of evaporation and final ABV will differ.

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Cask visits and sampling

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Visits are possible but subject to discussion and agreement on an individual basis prior to scheduling. 

Please note that visits are not included as part of the cask purchase and may be subject to additional charges.

Important notes on visits

Visits and sampling are available only at designated times of the year. Access may be restricted due to production schedules or planned distillery maintenance.

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Sampling

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Samples may be requested occasionally, subject to availability and prior notice, typically in the years leading up to bottling. Sample requests will incur charges, including applicable taxes, postage, and packaging fees.

Bottling requirements and restrictions

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Bottling can only take place after the whisky has matured for a minimum of 8 years. 

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Bottling will only be permitted after Dunphail Distillery releases its first unpeated and peated single malt Scotch whiskies.

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Bottling options

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At Dunphail Distillery: Bottling can be arranged directly with Dunphail Distillery. A standard label will be provided, with certain elements available for personalisation by the cask owner. Customers may use personalised branding and logos, provided they comply with legal standards and receive prior approval from Dunphail Distillery.

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Customers are responsible for: Designing and providing their own labels. Ensuring all labelling aligns with Scotch whisky legal requirements. Submitting a draft label to Dunphail Distillery for approval prior to production.

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Bottling Strengths: 46% ABV (Recommended): Balances flavour and drinkability. Cask Strength: Bottled at its natural ABV. Minimum 40% ABV: The legal minimum for Scotch whisky. 

A minimum of 3 months’ written notice is required to schedule bottling.

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At an Approved Bottler: Customers may choose to bottle their whisky at any HMRC-approved bottling facility within Scotland. Bottling arrangements must fully comply with all relevant Scotch whisky regulations. Customers are solely responsible for ensuring the packaging and labelling comply with legal standards.

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Labelling and trademark restrictions

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Dunphail Distillery owns the exclusive rights to the name: “DUNPHAIL SPEYSIDE SINGLE MALT SCOTCH WHISKY.” 

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This name may only be used on labels with prior written approval from Dunphail Distillery. Customers are not permitted to use the Dunphail Distillery logo or any associated branding. Labels can state an acceptable description, such as: “Single Malt Scotch Whisky produced at Dunphail Distillery.”

Please provide a draft of your proposed label to Dunphail Distillery for review and approval.

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Cask archives

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As part of our heritage program, Dunphail Distillery will reserve up to three bottles from each cask to commemorate its legacy and contribution to our story. 

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UK Excise Duty and VAT

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Excise duty is payable based on the percentage of pure alcohol in your cask at the time of bottling. The current UK rate is £32.79 per litre of pure alcohol as of 2025, and the UK Value Added Tax (VAT) rate is 20%. These rates are subject to change. VAT is charged on the purchase price of the whisky and the excise duty at the rate applicable at the time of removal from our bonded warehouse.

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Export of Single Malt Scotch Whisky

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Single malt Scotch whisky can only be exported outside of Scotland in bottled form. If it is exported under bond, excise duty and VAT can be suspended but not avoided, provided the exporter is registered as a bona fide exporter. Excise duty and VAT will be payable in the country of destination, subject to that country’s duty and VAT rates at the time. 

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It is the responsibility of the cask owner to arrange for a suitable importer. Understand and comply with all taxes and regulations in the destination country. (Dunphail Distillery may assist with this process if we have a distributor or partner in the destination country.)

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Customer responsibility

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You warrant and represent to us that you have complied, are complying, and will comply with current HMRC regulations applicable to a contract of this nature, including that:

You are a private customer who is purchasing the product for private,

non-commercial use; or

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You are a UK-based Revenue Trader and are already registered as an Owner of Warehoused Goods in the UK; or

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You are an overseas Revenue Trader and have appointed, or will appoint, a UK Duty Representative.

Transfer of ownership

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If you wish to transfer ownership of your cask, you must notify us in writing and provide the details of the new owner. The new owner must agree to all the original terms and conditions of the sale. Ownership transfers are subject to prior written consent from Dunphail Distillery.

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Casks may not be resold in public domains, including auction houses or social media platforms, without prior written consent from Dunphail Distillery.

Private sales are permitted, provided the buyer agrees to adhere to the original purchase agreement.

 

Contact

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We require a single point of contact who will be the legal owner of the cask. A valid email and physical address must be supplied for future correspondence between Dunphail Distillery and the cask owner.

Change of details

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You must inform us immediately by email of any change of address or contact details. This change will be confirmed by Dunphail Distillery and will not be considered effective until you receive confirmation.

If we are unable to contact you within 12 months after the expiry of 8 years from the date the cask was filled, we reserve the right to: Sell the cask and its contents, deduct sale costs and expenses incurred for warehousing beyond the initial 8-year period, and hold the remaining proceeds on your behalf.

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Law

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This contract of sale is governed by Scottish law, and both you and we agree to accept the exclusive jurisdiction of the Scottish courts in respect to any matters arising from it.

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Liability

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Nothing in these terms shall exclude the liability of either party for death or personal injury resulting from negligence, fraud, fraudulent misrepresentation, or any other liability which may not be excluded by applicable law. Subject to the above, Dunphail Distillery shall not be liable for any form of indirect, special, or consequential loss whatsoever or howsoever and our entire liability under this contract of sale shall be limited to an amount limited to an amount equal to the price of a cask.

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