Pistonheads whisky cask
Discussion
OK, I'm no lawyer and am struggling a wee bit with the draft of the agreement. Can anybody help?
I've done this so far and any suggestions would be very welcome:
CASK ADMINISTRATOR: Iain Leslie
THE DISTILLERY: Glenglassaugh Distillery, Portsoy, Banffshire
THE CASK: Peated Sherry Octave
In signing this agreement, the members are entering a contract with each other and agree to abide by the conditions below.
The members are purchasing a share in THE CASK. This is a 50 litre cask of new-make spirit, bottled at THE DISTILLERY.
Each member will:
• Pay an equal share for purchase of THE CASK
• Pay an equal share for the bottling and excise duty.
• Receive an equal number of bottles
• Have an equal right to vote on the bottling date, bottle and label style.
Future costs include but are not neccesarily limited to:
1. Bottling costs. These are estimated (in 2011 money) at £2.00 per bottle but the actual cost will depend on the style of bottle and label. This will be voted on by the members and all members must have the same design. Each member hereby agrees to pay for the bottle and label as voted for by the group.
2. Duty. Duty must be paid at the time of bottling and before delivery.
3. Delivery. Bottles can be delivered at cost price to any address in the UK. Delivery must be paid for in advance. Each member will be responsible for paying the costs of shipping/packing to his/her chosen address. These costs will not be split equally between the members. Any member may collect their bottles directly from THE DISTILLERY.
At least 30 days before bottling the CASK ADMINISTRATOR or his representative will contact each member to discuss the bottling and final payment details. If a member cannot be contacted at the time of bottling, the other members may choose to buy those unclaimed bottles at cost-price. The member who cannot be contacted will forfeit all rights and all monies paid with respect to THE CASK.
Each year THE DISTILLERY will take two 50ml samples of the whisky. One will be kept by the distillery for quality monitoring purposes and the other will be sent to the CASK ADMINISTRATOR. Members may request a sample from the CASK ADMINISTRATOR. To avoid excessive sampling from reducing the quantity of spirit, member samples will be limited to 10ml per member per year at cost price.
The whisky may be bottled before 7 years of maturation has completed. Each member will have one vote and a majority decision will be made. In the case of a 5 vote split, the CASK ADMINISTRATOR shall have the deciding vote.
If the volume of whisky at the time of bottling does not split evenly between the members to the nearest 70cl bottle, the remaining bottles will be available on a first-come, first-served basis to the members at cost price. For example, if 55 bottles are available, each member will get 5 bottles (50/10) and the remaining 5 will be available for purchase by any member. If any bottles are left unclaimed prior to delivery, the cost of these will be divided between the number of members and the spare bottles donated to a charity decided by the CASK ADMINISTRATOR.
Notes:
1. All members must abide by the Terms and Conditions set out by Glenglassaugh (www.glenglassaugh.com).
2. All monies must be paid in full to the CASK ADMINISTRATOR prior to delivery.
3. There are no guarantees on the number of bottles that each member receives. This will vary according to natural evaporation during the maturation period and the number of samples taken.
4. No refunds will be given under any circumstances.
5. The whisky must not be sold or traded for profit.
6. It is the responsibility of the member to inform the CASK ADMINISTRATOR of any changes to his/her contact details.
SIGNED NAME DATE
I've done this so far and any suggestions would be very welcome:
CASK ADMINISTRATOR: Iain Leslie
THE DISTILLERY: Glenglassaugh Distillery, Portsoy, Banffshire
THE CASK: Peated Sherry Octave
In signing this agreement, the members are entering a contract with each other and agree to abide by the conditions below.
The members are purchasing a share in THE CASK. This is a 50 litre cask of new-make spirit, bottled at THE DISTILLERY.
Each member will:
• Pay an equal share for purchase of THE CASK
• Pay an equal share for the bottling and excise duty.
• Receive an equal number of bottles
• Have an equal right to vote on the bottling date, bottle and label style.
Future costs include but are not neccesarily limited to:
1. Bottling costs. These are estimated (in 2011 money) at £2.00 per bottle but the actual cost will depend on the style of bottle and label. This will be voted on by the members and all members must have the same design. Each member hereby agrees to pay for the bottle and label as voted for by the group.
2. Duty. Duty must be paid at the time of bottling and before delivery.
3. Delivery. Bottles can be delivered at cost price to any address in the UK. Delivery must be paid for in advance. Each member will be responsible for paying the costs of shipping/packing to his/her chosen address. These costs will not be split equally between the members. Any member may collect their bottles directly from THE DISTILLERY.
At least 30 days before bottling the CASK ADMINISTRATOR or his representative will contact each member to discuss the bottling and final payment details. If a member cannot be contacted at the time of bottling, the other members may choose to buy those unclaimed bottles at cost-price. The member who cannot be contacted will forfeit all rights and all monies paid with respect to THE CASK.
Each year THE DISTILLERY will take two 50ml samples of the whisky. One will be kept by the distillery for quality monitoring purposes and the other will be sent to the CASK ADMINISTRATOR. Members may request a sample from the CASK ADMINISTRATOR. To avoid excessive sampling from reducing the quantity of spirit, member samples will be limited to 10ml per member per year at cost price.
The whisky may be bottled before 7 years of maturation has completed. Each member will have one vote and a majority decision will be made. In the case of a 5 vote split, the CASK ADMINISTRATOR shall have the deciding vote.
If the volume of whisky at the time of bottling does not split evenly between the members to the nearest 70cl bottle, the remaining bottles will be available on a first-come, first-served basis to the members at cost price. For example, if 55 bottles are available, each member will get 5 bottles (50/10) and the remaining 5 will be available for purchase by any member. If any bottles are left unclaimed prior to delivery, the cost of these will be divided between the number of members and the spare bottles donated to a charity decided by the CASK ADMINISTRATOR.
Notes:
1. All members must abide by the Terms and Conditions set out by Glenglassaugh (www.glenglassaugh.com).
2. All monies must be paid in full to the CASK ADMINISTRATOR prior to delivery.
3. There are no guarantees on the number of bottles that each member receives. This will vary according to natural evaporation during the maturation period and the number of samples taken.
4. No refunds will be given under any circumstances.
5. The whisky must not be sold or traded for profit.
6. It is the responsibility of the member to inform the CASK ADMINISTRATOR of any changes to his/her contact details.
SIGNED NAME DATE
Shaw Tarse said:
It looks like I've missed out on the first cask (unless someone wants to sell a stake?)
Iain, if I buy into cask2 how much do I need to send now?
I would also propose a joint tasting session when the time is right (either online, or in real life?)
We're almost at quota for the next cask.Iain, if I buy into cask2 how much do I need to send now?
I would also propose a joint tasting session when the time is right (either online, or in real life?)
Can I suggest that anybody else who wants in copies the table and adds themselves to the appropriate column (for peated or unpeated bourbon).
The unpeated bourbon is £500 I think, peated bourbon is £600. Once we've got ten names for the next cask I'll start taking the purchase payments!
Oh and I think that the it's only right to have a bottling ceremony at the distillery...
CASK 1
CASK 2
And Cask 2 (peated bourbon) is done too!
Please PM me with your full name, address and contact numbers.
| PH name | Cask 1 (peated sherry) | Contact details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | n | n |
| Mr E? | 1 | n | n |
| Autofocus | 1 | n | n |
| TFatC | 1 | n | n |
| S6PNJ | 1 | n | n |
| FunkyGibbon | 1 | y | n |
| Flying Machine | 1 | n | n |
| duff-man | 1 | n | n |
| krallicious/ClassicMercs | 1 | y | n |
| Total | 10 | . | . |
CASK 2
| PH name | Cask 2 (peated bourbon) | Contacts details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | n | n |
| TFatC | 1 | n | n |
| S6PNJ | 1 | n | n |
| FunkyGibbon | 1 | y | n |
| krallicious/ClassicMercs | 1 | y | n |
| hidetheelephants | 1 | n | n |
| 85Carrera | 1 | n | n |
| Arguti | 1 | n | n |
| Shaw Tarse | 1 | n | n |
| Total | 10 | . | . |
And Cask 2 (peated bourbon) is done too!
Please PM me with your full name, address and contact numbers.
Edited by Lefty on Tuesday 23 August 15:20
One thing to remember, because of it's small size, the ratio of oak surface area to volume of spirit is much, much higher than a normal hogshead or butt (phnarr). This means that the whisky matures faster. It's generally considered that by 10 years it will have "turned".
I have tried some nearly 3yo unpeated bourbon and it's adorable even at that young age.
Anyway, I agree. We have to make decisions regarding the cask on a majority basis, if there's a 5/5 split then the administrator (me, mwahahahahaaa) gets the deciding vote.
actually, I've been trying to make it as simple and as fair as possible and am completely open to suggestions with regard to the agreement. I don't want it to get too complex, just something that we can all agree on and will cover the main points.
I have tried some nearly 3yo unpeated bourbon and it's adorable even at that young age.
Anyway, I agree. We have to make decisions regarding the cask on a majority basis, if there's a 5/5 split then the administrator (me, mwahahahahaaa) gets the deciding vote.
actually, I've been trying to make it as simple and as fair as possible and am completely open to suggestions with regard to the agreement. I don't want it to get too complex, just something that we can all agree on and will cover the main points.
OK, I wasn't clear about the whole sampling thing.
If we all take a 50ml sample each every year that's a load of whisky out of our cask and a load of cash (£20+duty each).
My suggestion is this:
The free 50ml sample + one other gives us 100ml (so 10ml each) for £20+duty in total. We all get a small sample of the whisky, enough to get an idea of how it's progressing. We could buy 3 additional samples, giving us 4 in total (£60+duty) or 20ml each.
If we all take a 50ml sample each every year that's a load of whisky out of our cask and a load of cash (£20+duty each).
My suggestion is this:
The free 50ml sample + one other gives us 100ml (so 10ml each) for £20+duty in total. We all get a small sample of the whisky, enough to get an idea of how it's progressing. We could buy 3 additional samples, giving us 4 in total (£60+duty) or 20ml each.
CASK 1
Still waiting on contact details from Duff Man. Can you confirm ASAP please guys (there are other on the reserve list!)
Cash already received from Coneyhurst Blue, thanks. I haven't actually given anyone else my bank details yet (CB had them from another whisky-related deal ) because I wanted to wait and make sure that we filled ten spaces so that it really is just £70 each. I didn't want to take £70 from you all then have to ask you for more because we didn't fill ten places.
Cheers
Lefty
CASK 2
Still waiting on contact details from Duff Man. Can you confirm ASAP please guys (there are other on the reserve list!)
Cash already received from Coneyhurst Blue, thanks. I haven't actually given anyone else my bank details yet (CB had them from another whisky-related deal
) because I wanted to wait and make sure that we filled ten spaces so that it really is just £70 each. I didn't want to take £70 from you all then have to ask you for more because we didn't fill ten places.Cheers
Lefty
| PH name | Cask 1 (peated sherry) | Contact details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | Y | y |
| Mr E? | 1 | y | n |
| Autofocus | 1 | Y | n |
| TFatC | 1 | Y | n |
| S6PNJ | 1 | Y | n |
| FunkyGibbon | 1 | y | n |
| Flying Machine | 1 | y | n |
| duff-man | 1 | n | n |
| krallicious/ClassicMercs | 1 | y | n |
| Total | 10 | . | . |
CASK 2
| PH name | Cask 2 (peated bourbon) | Contacts details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | Y | n |
| TFatC | 1 | Y | n |
| S6PNJ | 1 | Y | n |
| FunkyGibbon | 1 | y | n |
| krallicious/ClassicMercs | 1 | y | n |
| hidetheelephants | 1 | n | n |
| 85Carrera | 1 | n | n |
| Arguti | 1 | Y | n |
| Shaw Tarse | 1 | y | n |
| Total | 10 | . | . |
Edited by Lefty on Wednesday 24th August 15:09
k did I miss this..?!?! 
unpeated sherry anyone?CASK 1
CASK 2
Waiting on contact details from 85carrera for cask 2.
Cheers
| PH name | Cask 1 (peated sherry) | Contact details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | Y | y |
| Mr E? | 1 | y | n |
| Autofocus | 1 | Y | n |
| TFatC | 1 | Y | n |
| S6PNJ | 1 | Y | n |
| FunkyGibbon | 1 | y | n |
| Flying Machine | 1 | y | n |
| hidetheelephants | 1 | y | n |
| krallicious/ClassicMercs | 1 | y | n |
| Total | 10 | . | . |
CASK 2
| PH name | Cask 2 (peated bourbon) | Contacts details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | Y | n |
| TFatC | 1 | Y | n |
| S6PNJ | 1 | Y | n |
| FunkyGibbon | 1 | y | n |
| krallicious/ClassicMercs | 1 | y | n |
| hidetheelephants | 1 | y | n |
| 85Carrera | 1 | n | n |
| Arguti | 1 | Y | n |
| Shaw Tarse | 1 | y | n |
| Total | 10 | . | . |
Waiting on contact details from 85carrera for cask 2.
Cheers
Edited by Lefty on Thursday 25th August 08:25
Podie said:
Lefty said:
arguti said:
can i please have the place in cask 1 - you have my details
Sorry Arguti, Hidetheelephants was first.I'll email you all with payment details, if you could try to do it today or tomorrow morning I'll order the cask tomorrow afternoon.
If 85carerra isn't in touch soon you can have the spot in cask 2 if you like?
CASK 1
CASK 2
Waiting on contact details from 85carrera for cask 2.
Cheers
| PH name | Cask 1 (peated sherry) | Contact details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | Y | y |
| Mr E? | 1 | y | n |
| Autofocus | 1 | Y | n |
| TFatC | 1 | Y | y |
| S6PNJ | 1 | Y | n |
| FunkyGibbon | 1 | y | n |
| Flying Machine | 1 | y | n |
| hidetheelephants | 1 | y | n |
| krallicious/ClassicMercs | 1 | y | n |
| Total | 10 | . | . |
CASK 2
| PH name | Cask 2 (peated bourbon) | Contacts details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | Y | n |
| TFatC | 1 | Y | n |
| S6PNJ | 1 | Y | n |
| FunkyGibbon | 1 | y | n |
| krallicious/ClassicMercs | 1 | y | n |
| hidetheelephants | 1 | y | n |
| 85Carrera | 1 | n | n |
| Arguti | 1 | Y | n |
| Shaw Tarse | 1 | y | n |
| Total | 10 | . | . |
Waiting on contact details from 85carrera for cask 2.
Cheers
CASK 1
CASK 2
Waiting on contact details from 85carrera for cask 2.
Cheers
| PH name | Cask 1 (peated sherry) | Contact details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | Y | y |
| Mr E? | 1 | y | n |
| Autofocus | 1 | Y | n |
| TFatC | 1 | Y | y |
| S6PNJ | 1 | Y | n |
| FunkyGibbon | 1 | y | y |
| Flying Machine | 1 | y | n |
| hidetheelephants | 1 | y | n |
| krallicious/ClassicMercs | 1 | y | n |
| Total | 10 | . | . |
CASK 2
| PH name | Cask 2 (peated bourbon) | Contacts details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | Y | Y |
| TFatC | 1 | Y | Y |
| S6PNJ | 1 | Y | n |
| FunkyGibbon | 1 | y | y |
| krallicious/ClassicMercs | 1 | y | n |
| hidetheelephants | 1 | y | n |
| 85Carrera | 1 | n | n |
| Arguti | 1 | Y | n |
| Shaw Tarse | 1 | y | n |
| Total | 10 | . | . |
Waiting on contact details from 85carrera for cask 2.
Cheers
Edited by Lefty on Thursday 25th August 13:48
CASK 1
CASK 2
Waiting on contact details from 85carrera for cask 2.
Cheers
Lefty
P.s. BG, you might be in with a shout for cask 2 if I don't hear from 85carrera soon, I want to order both casks tomorrow if possible...
| PH name | Cask 1 (peated sherry) | Contact details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | Y | y |
| Mr E? | 1 | y | y |
| Autofocus | 1 | Y | n |
| TFatC | 1 | Y | y |
| S6PNJ | 1 | Y | n |
| FunkyGibbon | 1 | y | y |
| Flying Machine | 1 | y | n |
| hidetheelephants | 1 | y | n |
| krallicious/ClassicMercs | 1 | y | n |
| Total | 10 | . | . |
CASK 2
| PH name | Cask 2 (peated bourbon) | Contacts details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | Y | Y |
| TFatC | 1 | Y | Y |
| S6PNJ | 1 | Y | n |
| FunkyGibbon | 1 | y | y |
| krallicious/ClassicMercs | 1 | y | n |
| hidetheelephants | 1 | y | n |
| 85Carrera | 1 | n | n |
| Arguti | 1 | Y | n |
| Shaw Tarse | 1 | y | n |
| Total | 10 | . | . |
Waiting on contact details from 85carrera for cask 2.
Cheers
Lefty
P.s. BG, you might be in with a shout for cask 2 if I don't hear from 85carrera soon, I want to order both casks tomorrow if possible...
CASK 1
CASK 2
Waiting on contact details from 85carrera for cask 2.
Cheers
Lefty
P.s. BG, you might be in with a shout for cask 2 if I don't hear from 85carrera soon, I want to order both casks tomorrow if possible...
| PH name | Cask 1 (peated sherry) | Contact details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | Y | y |
| Mr E? | 1 | y | y |
| Autofocus | 1 | Y | n |
| TFatC | 1 | Y | y |
| S6PNJ | 1 | Y | n |
| FunkyGibbon | 1 | y | y |
| Flying Machine | 1 | y | n |
| hidetheelephants | 1 | y | n |
| krallicious/ClassicMercs | 1 | y | n |
| Total | 10 | . | . |
CASK 2
| PH name | Cask 2 (peated bourbon) | Contacts details received | £££ received |
| Lefty | 1 | y | y |
| Coneyhurst Blue | 1 | Y | Y |
| TFatC | 1 | Y | Y |
| S6PNJ | 1 | Y | n |
| FunkyGibbon | 1 | y | y |
| krallicious/ClassicMercs | 1 | y | n |
| hidetheelephants | 1 | y | n |
| 85Carrera | 1 | n | n |
| Arguti | 1 | Y | n |
| Shaw Tarse | 1 | y | n |
| Total | 10 | . | . |
Waiting on contact details from 85carrera for cask 2.
Cheers
Lefty
P.s. BG, you might be in with a shout for cask 2 if I don't hear from 85carrera soon, I want to order both casks tomorrow if possible...
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