Contract Brewing/Packaging T's & C's
Boss Brewing Company Ltd provide a contract brewing service in order to create new beers or replicate beers commissioned by the customer.
Brew lengths are between 1200L and 3200L or multiples thereof and full recipes should be provided in advance of booking for review and quoting. If no recipe is available, Boss Brewing can provide a Product Development Service at additional cost.
The price quoted will include base malts, hops, and yeast providing that these are both commercially available from our usual suppliers without forward contract at the time of booking. If Boss Brewing decides that any ingredient is difficult to obtain, or is only available on payment of a premium over and above typical pricing, either this ingredient will need to be provided by the customer before brew date or the additional premium will be charged. The price includes other adjuncts and processing aids, however any that are to be provided by the customer must be provided in advance of the brew date.
Every effort is made to achieve close replication of brands or recipes, but there is no guarantee of the success of the brewing to meet the standards of comparison, nor the expectations or parameters of a written recipe whether it has been brewed previously or not by a third party before or after the brewed beer has been produced.
Product Development is not included in the contract brewing cost but can be provided for an additional premium.
For experimental brews, such as those containing unusual ingredients or quantities of ingredients, Boss Brewing accept no responsibility for either the production or packaging of the product, or the subsequent merchantability of the final result.
Boss Brewing will endeavour to produce a beer following your detailed instructions and to meet your requirements. We will do this to the best of our abilities and with due care and attention. However, we may need to make changes or adjustments to timescales, processes, quantities, volumes or any other parameter during the brewing or packaging processes. Whilst we will endeavour to consult you before making any changes, this may not be possible due to the timescales involved. As such, we reserve the right to make process adjustments that we feel are in the best interest of the product or where the changes are required due to equipment limitations. We accept no responsibility for the result of these changes in the appearance, taste or merchantability of the final product.
The price for contract brewing has been calculated assuming the process goes smoothly without significant problems. If unexpected problems do occur we will endeavour to solve them, and provide the necessary assets and labour to do this. For issues that arise that are beyond our control you agree to accept any reasonable additional costs that may occur due to any higher asset, staff or consumable usage than for normal beer production and packaging. Whilst we will itemise any additional costs, and set out the reasons behind them, by placing an order you accept that you will have to rely wholly on Boss Brewing’s calculation of these charges based on our production schedule/records.
In the event that the product is deemed un-merchantable at any stage of the production or packaging process, you will also be liable for any costs associated with the destruction and disposal of the product, including transport and labour costs.
RACKING TO CASK
Boss Brewing are able to provide a cask washing and racking service for contract brewed beer.
Brewers need to provide their own casks for racking in advance of the brew day. If not enough casks are provided at the point of racking Boss Brewing may need to dispose of any excess beer and reserve the right to issue a surcharge to cover costs.
Whilst Casks are washed and sterilised internally, the service only includes a rudimentary clean of the outside of casks. Please ensure these are cleaned externally before sending to us.
Racking price includes the provision of keystones and shives, however if your casks need a specific closure then this will need providing.
Note that we do not generally use priming sugars during racking, and the brewing recipe should take this into account.
Racking to E-Cask (or similar) is possible assuming that we receive adequate notice to order E-Casks (or similar) in time for the rack.
Note that the ownership of the E-Cask (or similar) will be transferred into your name on filling and you will be eligible for any additional E-cask (or similar) costs post this time.
For contract brewing the batch size can be between 1200L and 3200L or multiples thereof. This can be divided between packaging options of bottling (minimum 600 litres), canning (minimum 600 litres), keg or cask.
Boss Brewing can provide filtration of beer to a range of different filtration levels depending on brewer’s requirements.
Sheet/Cartridge Filter - Absolute Rated
2μm – Coarse
1μm – Bright
0.45μm – Sterile
Boss Brewing recommend sterile filtration. If you want to decrease the filtration level from this, then you need to accept fully the risk in regard to merchantability of the beer in package.
The minimum filtration that we will undertake is 10μm. We will not bottle, can or keg unfiltered product unless a specific written request is made and a disclaimer signed.
Ensuring a successful filtration is incredibly important in terms of maximising yields.
Carbonation of beer in keg, bottle or can is undertaken via in-line or in-tank carbonation. The exact take up of CO2 during carbonation is dependent on a range of factors, including gravity, temperature and CO2 injection pressure.
Our standard target carbonation is 2.3-2.4 vols for ales and 2.6-2.7 vols for lagers, however for most beers we are able to successfully carbonate to a range of 2.0-3.0 vols.
In some instances, we may be able to carbonate to a higher level, however this will require trial and error on any particular beer. Higher carbonation levels can lead to excessive fobbing on fill, especially for beers higher in hop and protein content and this may lead to increased wastage throughout the bottling or canning run. In this instance we may need to reduce the carbonation to reduce wastage levels without consultation with the customer.
‘Bottle Conditioned’ and ‘Can Conditioned’ beer can be achieved in a variety of ways and we will follow all instructions made in writing. We endeavor to provide the very best advice, but we cannot guarantee under any circumstances the technical or merchantable quality of the finished bottles when package conditioned.
The following specification outlines the standards and capability of bottling and canning.
Wastage 5% - 10% (BUT INDICATIVE ONLY).
Filling: dedicated double pre-evacuation CO2 purge.
Bottle: 500ml or 330ml.
Can: 500ml, 440ml, or 330ml.
Crowns: a variety of colours (please specify).
Shelf life: 12-18 months maximum if sterile filtered.
Final packaging: 12 pack shrink wrapped tray (or own packaging supplied) for bottle, 24 pack shrink wrapped tray (or own packaging supplied) for can.
Labels: must be presented to Boss Brewing prior to printing. We will advise on numbers and minimum/maximum dimensions, etc.
Specification of process is by individual arrangement, but ales, lagers, stouts, etc. can be kegged.
Stainless steel one trip or plastic one-trip kegs (e.g. Doliums and Ecokegs) are suitable. The minimum batch size is 600L, but special trials are possible.
One trip kegs not supplied by the customer are chargeable in addition per unit and are ordered from the manufacture at time of confirmed booking. If the supplier is unable to deliver in time for the booked kegging slot, then an alternative container will need to be chosen. If the packaging slot is cancelled after containers have been ordered, Boss Brewing reserve the right to invoice for the cost of the purchased containers, plus an administration fee.
When the customer requests the use of vessels sealed by the manufacturer and not washed, sterilised or processed by Boss Brewing, the Customer must be aware of a very low risk of contamination of their beer by such sealed containers.
Inert gas used for “carbonation” and back pressure filling is either 100% CO2 or Mixed Gas. Chilled conditioning at 0 to 6 degrees Celsius for 7 days.
Wastage 5% - 10% (BUT INDICATIVE ONLY)
Shelf life: 3-6 months or at brewer’s discretion.
Where containers are provided by the customer, these must be provided a minimum of 48 hours before the scheduled production run. It is the customer’s responsibility to provide an appropriate number of containers for the production run size.
TRANSPORT OF FINISHED GOODS
N.B.: A pallet will not be stacked with more than FIVE layers (bottles) and TEN layers (cans) unless the recipient of the pallet gives us written instructions to do so. A pallet of more than five layers is likely to shift its contents in transit and threaten the integrity of the contents.
A pallet of bottled/canned beer weighs approximately 850 kgs. - for any case size.
A pallet of 18 stainless steel casks weighs approximately 1,000 kgs, packed in 3 layers.
Boss Brewing usually arranges transport and invoices.
Good quality pallets are essential for the safe delivery of your finished products. It can be difficult and expensive to purchase insurance or to rely on a transport company reimbursing you for the cost of your goods damaged in transit, in the event that they actually accept liability. The best practice is to avoid collapsing pallets as much as possible.
For contract brewed beers, Duty is payable at the prevailing Duty rate and must be paid at the same time as Brewing Charges unless brewed under Duty Suspension.
- Contract brewing and duty to be paid 50% before scheduled brew date and the remaining 50% before delivery. Once a successful trading relationship has been established then up to 30 day terms may be offered.
- Experimental brews will require full payment of brew and packaging charges before scheduled brew date.
- All other packaging payment strictly prior to collection/delivery.
ADVICE FOR CUSTOMERS
Bottle breakages and machine breakdowns
Obviously, we rely on the expertise of the maker of bottles, but the industry has experienced all sorts of problems over the years. A bottle breaking in a bottling machine is a risk to Food Safety, but also a risk to quality. Glass breakage and beer spray must be thoroughly washed away and sterilised before bottling can continue. There is a risk, however, that beer feeds may be contaminated by any yeast floating about in the atmosphere. A minute risk, but a risk all the same.
The bottling and canning lines can break down: similar to bottle breakages. This can cause spillages and threats of infection. It also contributes much to wastage of valuable beer. We do our absolute utmost to avoid any wastage whatsoever – after all, we do not get paid for packaging beer that ends up down the drain. Unfortunately, though, accidents happen.
Too long a shelf life imposed on the beer
Don’t push your luck! Beer should be fresh. Don’t let retailers tell you how you should sell your beer.
ALL CHARGES ARE SUBJECT TO VAT AT THE PREVAILING RATE.
Contract brewing is per litre in finished package. Duty will be payable at our duty rate applicable at the time of production.
Racking to your own casks will be charged per cask to include finings, shives and keystones.
Includes conditioning, filtering, filling, carbonating, labelling (but not the label unless otherwise agreed), bottles, caps and final packaging.
The price per fill is per keg. All processing aids are inclusive in this price.
Ecokegs, Doliums and E-kegs (or similar) can also be provided. Price dependent on supplier price at time of booking.
5 litre Mini Kegs can also be filled.
Pallets will be charged at £10 per pallet.
To be arranged if required and quoted separately.
TERMS AND CONDITIONS
Please note that amendments to these Terms and Conditions by the Customer will not be accepted unless specifically agreed by both parties in writing.
It is important for you to note that changes to these Terms and Conditions may take place. It is your responsibility to ensure that you have up-to-date Terms and Conditions on the day you commit to a contract.
The Customer – is a brewer or wholesaler or agent owning beer or commissioning beer to be brewed or packaged and supplies Boss Brewing with beer or recipes (unless Product Development has been commissioned).
Shelf Life – the period of time during which the cask beer, bottled beer, canned beer or kegged beer is considered to be of merchantable quality and is restricted exclusively to the contents of the cask, bottle, can or keg and not Labelling or Materials or the Packaging.
Batch of Beer – the volume of beer brewed or submitted to Boss Brewing corresponding to the Brewing Record or Collection Transmission Document or the volume of cask, bottled, canned or kegged beer delivered to the Customer corresponding to the Delivery Transmission Document.
Brewed Beer – the beer brewed by Boss Brewing from a recipe whether written or not.
Bottled Beer – the beer bottled by Boss Brewing.
Canned Beer – the beer canned by Boss Brewing.
Kegged Beer – the beer kegged by Boss Brewing.
Duty Suspension - The beer is held in duty suspension as defined by the issuing and signature of the relevant HMRC documentation and/or detailed in HMRC Notice 226 whichever is the greater period of time.
Bottling Service, Canning Service or Kegging Service – the processes as defined in these Terms and Conditions to bottle, can or keg beer and includes a labelling and packaging service.
Bottling, Canning or Kegging Materials – materials provided exclusively for these processes.
Customers Materials – items supplied by the Customer to identify or package the bottled, canned or kegged beer.
Laboratory Period – the time required for samples to be tested by Boss Brewing.
The Laboratory – the laboratory tests conducted by Boss Brewing or tests commissioned by Boss Brewing.
Boss Brewing conducts contract brewing (Brewed Beer) in order to create or replicate the products commissioned by the owning Customer. Every effort is made to achieve this, but there is no guarantee of the success of the brewing to meet the standards of comparison, nor the expectations or parameters of a written recipe whether it has been brewed previously or not by a third party before or after the brewed beer has been produced.
Boss Brewing in the packaging process will endeavour to handle the unique nature of the Customer’s beer in the best interests of the Customer but cannot accept responsibility for the failure of the beer to be bottled, canned or kegged to meet the expectations of the Customer.
Boss Brewing retains ownership of all Brewed Beer until paid in full no matter who owns the container in which it is packaged.
- Application of VAT
Brewed, canned, bottled, casked, and kegged beer is subject to VAT.
- The Service
Boss Brewing will undertake the service of brewing, bottling, canning or kegging the Customers beer according to standard practice at the time of brewing, bottling, canning, casking, or kegging. Boss Brewing reserves the right to change our processes without notice and it is the responsibility of the Customer to maintain up to date information.
Reservations for brewing must be made in writing via the correct form: the Customer must request a date, Boss Brewing will confirm in writing. If the brew is cancelled by the customer less than 72 hours before 0600 of the day scheduled to brew, the customer is liable to a charge of £200 plus ingredients costs. From 0600 of the day of the brew the Customer is liable for the payment of the full brewed batch.
Reservations for bottling or canning can only be confirmed when:
- There is an adequate stock of labels (if applicable) held at Boss Brewing, at the time of reservation.
- Boss Brewing receives your email acknowledgement of the date proposed. A cancellation after this acknowledgement will incur a charge of £100 per 500L.
Whilst Boss Brewing will always endeavour to meet agreed timescales, Boss Brewing needs to have flexibility in brewing or packaging dates in order to cope with variations in staffing levels, stock availability, spare tank space, and taking into account any machine breakdowns and similar incidents. As such any date provided by Boss Brewing is a guide only, and may be subject to change. Boss Brewing accept no liability for financial losses or reputational damage caused by a Customer making supply promises or guarantees based on Boss Brewing provided brewing or packaging dates. Where there are specific timescales or deadlines that the Customer is working to, they should inform Boss Brewing of these deadlines and we will endeavour to consider them when scheduling production. However, this consideration does not amount to an acceptance of liability if these deadlines are not met.
- Code of Practice
The Code of Practice outlines, amongst other items, the objectives of the brewing, bottling, canning and kegging service but does not guarantee that these objectives will be achieved.
- Liability for the Service
Boss Brewing is responsible for meeting the legal requirements of Trading Standards, HM Customs and Excise or any other such body except in the case of the use or application of Customer Materials including the declaration of ABV whether the beer is brewed by Boss Brewing or not.
The Shelf Life of the Brewed, Bottled, Canned, Casked, or Kegged Beer is not determined by Boss Brewing. The Customer must supply Boss Brewing in writing their decisions prior to brewing, bottling, canning, casking, or kegging. The Customer may base his decision on the guidance of Boss Brewing but Boss Brewing accepts no responsibility for this. The shelf life is expressed on the cask, bottle, can or keg or its label by a ‘best before end’ date.
The Customer may request a sample of the brewed Beer for analysis in writing prior to the brew date. Such samples will be charged to the Customer. Notice after brewing impacts on production schedules and costs for Boss Brewing and in this circumstance the Customer is deemed liable for all consequences, including costs, whatever the result of any analysis conducted.
Brewed Beer is the sole responsibility of the Customer once it has left the premises of Boss Brewing or Boss Brewing’s vehicles in transit whichever is the furthest from the premises. The signed receipt of Brewed Beer by the Customer or their agent, and/or a Proof of Delivery from the third party courier, is deemed to be full acceptance by the Customer of Boss Brewing meeting all its obligations.
Stability (Applicable to Cold Sterile Filtered Beer ONLY)
Boss Brewing will apply processes to stabilise the Customer’s beer which are standard to Boss Brewing, but reserves the right to change standard processes without notice and will stabilise the Customer’s product in the best interests of the Customer.
It is the Customer’s responsibility to be up to date with standard practices and any specific requirements must be made in writing which will clearly identify the batch of beer to be treated in any way other than standard. If the Customer makes no written request the Customer accepts standard practices being conducted at the time. Verbal requests from the Customer will be acted upon but will not be accepted as notification in the event of a dispute.
Bottle Conditioned or partially filtered or unfiltered Bottled Beer, Canned Beer or Kegged Beer is excluded specifically from this section.
Microbiological (Cold Sterile Filtered Beer ONLY)
Boss Brewing may, at its discretion, have a sample of each batch tested in the Laboratory. The result is the property of Boss Brewing and the Customer under reasonable circumstances may request a copy.
The microbiological tests involve the entrapment of any existing yeast or bacteria cells from the sample and testing of the quantity. The existence of yeast or bacteria however does not immediately threaten the integrity of the beer and in this case the Laboratory will determine the success of the process. Boss Brewing is not obliged to inform the Customer of the existence of yeast or bacteria, if the laboratory test confirms the product is suitable for sale.
For the sake of clear understanding, occasionally yeast cells can be present and cause no problems in fully attenuated beer. If the Customer’s beer has a high level of residual fermentables this can cause the yeast to grow in numbers. Boss Brewing will not accept liability for issues caused by instability due to high levels of fermentable sugars in a beer.
If the laboratory tests imply that a significant part of the batch will be rendered unmerchantable within a reasonable period of the Shelf Life, Boss Brewing reserves the right to recall the Product. If the Customer acknowledges the recall but declines to recall or return the beer Boss Brewing’s liability, if any, is terminated.
The Customer having received a batch of beer may reasonably request a copy of any microbiological tests to ascertain the cause of any apparent dissatisfaction with the beer but whatever the result the Customer cannot return any beer without the written authority of Boss Brewing.
Bottle Conditioned or partially filtered or unfiltered Bottled Beer, Canned Beer, or Kegged Beer is excluded specifically from this section.
- Liability for the Bottling, Canning or Kegging Materials
Boss Brewing will usually provide the Bottling, Canning, Casking, or Kegging Materials required to complete the Service but reserves the right to change the design or appearance of such materials without notice. Before such changes Boss Brewing will endeavour to consult the Customer in order to act in the Customer’s best interests. Boss Brewing is liable for Bottling, Canning, Casking, or Kegging Materials effectively performing the function of the Service without detriment to the merchantable quality of the Beer. For the sake of clarity, events not resulting from negligence (such as but not limited to wear and tear, mould, corrosion, consequential use of filled bottles in secondary packaging, etc.) are not considered to be the liability of Boss Brewing. When the Customer requests the use of vessels sealed by the manufacturer and not washed, sterilised or processed by Boss Brewing (for example one-trip plastic kegs), the Customer must be aware of a very low risk of contamination of their beer by such sealed containers.
- Liability for Customer’s Materials
Customer’s Materials stocked and used from time to time by Boss Brewing will be kept in good condition and used or applied as part of the Service. Boss Brewing is not responsible for the failure of Customer’s Materials to meet the requirements of the Service or to meet the standards of merchantable quality or to satisfy any legislation required by Trading Standards, HM Customs and Excise or any other such body.
- Liability for Packaging Materials and Packaging Labels
Boss Brewing is responsible for providing reasonable packaging and labels for packaging for transit. Boss Brewing is not responsible for the suitability for transit or sale of goods outside the period of Duty Suspension unless being transported in vehicles belonging to Boss Brewing. Boss Brewing is not responsible for the contents of the Packaging Labels to meet the requirements of the Customer and or end users whoever they may be.
- Accidental Damage or Loss
Boss Brewing is not liable for Brewed Beer once it has left the premises of Boss Brewing or Boss Brewing’s vehicles in transit whichever is the furthest from the premises.
Subject to the conditions of liability outlined Boss Brewing will compensate the Customer for accidental damage and or loss to beer owned by the Customer rendering the batch or part of the batch unmerchantable or unfit for human consumption for as long as a minimum of twenty percent and a maximum of hundred percent of the batch has been so damaged or lost whilst under Duty Suspension or in transit undertaken by vehicles belonging to Boss Brewing as a direct result of actions or events resulting from negligence whilst the beer was in Duty Suspension.
- Financial Compensation
Boss Brewing will not financially compensate the Customer for any Brewed Beer unless it has been invoiced and paid by the Customer and not left the premises of Boss Brewing or its vehicles in transit whichever is the furthest from the premises and only then if the Customer proves that the Brewed Beer is “unmerchantable” by way of accredited laboratory analysis. Brewed beer packaged in cask is the sole responsibility of the Customer once it has left the premises of Boss Brewing or its vehicles in transit whichever is the furthest from the premises.
The amount of financial compensation will be subject to a maximum of the invoice value of the batch and the cost of Customer materials used and the cost of transport incurred in receiving the batch and transport costs incurred as a result of resolving a damaged or lost batch of beer or a maximum of £1500 whichever is the least.
Any monies or credit notes received and acknowledged are in full and final settlement of any claim or dispute relating to the batch.
- Consequential Loss
Boss Brewing does not accept responsibility for any consequential loss arising from damage or loss or failure of any product of Brewed Beer to meet the Customer’s or others’ expectations or parameters set in any recipe.
A batch of Beer which in the reasonable opinion of the Customer is not of the standard he would reasonably accept may send a sample to Boss Brewing for examination. Boss Brewing in receiving such a sample will not be accepting liability for any apparent defects. Boss Brewing’s opinion and advice thereafter will be without prejudice and will not be set in terms which will affect Boss Brewing’s liability.
All beer that is to be the subject of any claim or dispute must be returned to Boss Brewing at the Customer’s expense before any claim or dispute will be considered and the relevant transmission documents are to be supplied. The costs of returning the beer may be included as part of that claim but should the claim be unfounded the Customer is not entitled to recover the cost of returning the beer to Boss Brewing.
Should a dispute not be resolved within 28 days of written notice of a dispute either party may refer the matter to the arbitration process as defined by The Society of Independent Brewers before initiating legal action.
These conditions shall be interpreted in accordance with English law in force and the Company and the Customer irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.
GET IN TOUCH!
176 Neath Road, Landore, Swansea, SA1 2JT