West Virginia Code of State Rules
Agency 175 - Alcohol Beverage Control Commission
Title 175 - LEGISLATIVE RULE ALCOHOL BEVERAGE CONTROL COMMISSIONER
Series 175-06 - Bailment Policies and Procedures
Section 175-6-7 - Defective Merchandise and Concealed Damage or Shortage

Universal Citation: 175 WV Code of State Rules 175-6-7

Current through Register Vol. XLI, No. 38, September 20, 2024

7.1. Defective alcoholic liquors.

7.1.1. ABCC owned alcoholic liquors.
7.1.1.1. Alcoholic liquors owned by ABCC will be returned to the supplier if found to be defective or unsalable.
a. Defective alcoholic liquors located in retail liquor stores will processed in accordance with the procedure provided in 175 C.S.R. 1, §4.9.

b. Defective alcoholic liquors located in the ABCC warehouse will be disposed of in accordance with instructions provided by the supplier. Such disposition instructions must be provided by the supplier within thirty (30) days after the supplier is notified of the defective alcoholic liquors. ABCC may destroy the defective alcoholic liquors and invoice the supplier for handling charges if the supplier fails to provide disposition instructions.

7.1.2. Bailment alcoholic liquors.
7.1.2.1. Defective alcoholic liquors available through the bailment method of warehousing must be removed from the ABCC warehouse.

7.1.2.2. Defective alcoholic liquors located in retail liquor store and which were obtained from supplier bailment stock must be processed in accordance with the procedures provided in 175 C.S.R. 1, §4.9.
a. ABCC personnel are authorized to direct the return of defective alcoholic liquors from retail liquor stores to the ABCC warehouse and to invoice suppliers for the handling cost.

b. Because retail liquor stores will be credited by the ABCC for defective alcoholic liquors which are returned, suppliers are required to grant a credit of equal amount to the ABCC. Under no circumstances will the ABCC be deemed to purchase any defective alcoholic liquors provided out of bailment stock.

7.2. Concealed damage or shortage.

7.2.1. ABCC owned alcoholic liquors.
7.2.1.1. ABCC will be provided appropriate credit by suppliers for alcoholic liquors which are damaged or shorted and located in the ABCC warehouse.

7.2.1.2. Alcoholic liquors which are damaged or shorted and located in retail liquor stores will be processed in accordance with the procedures provided in 175 C.S.R. 1, §4.9. Appropriate credit will be provided to the respective retail liquor stores and disposition instructions will be requested from suppliers. The ABCC may destroy damaged alcoholic liquors and invoice the supplier for handling charges if disposition instructions are not provided within thirty (30) days after the supplier is notified of damaged alcoholic liquors.

7.2.2. Bailment alcoholic liquors.
7.2.2.1. Damaged or shorted alcoholic liquors which are located in the ABCC warehouse and available through the bailment method of warehousing must be removed from the warehouse.

7.2.2.2. Alcoholic liquors which are damaged or shorted and located in retail liquor stores will be processed in accordance with the procedures provided in 175 C.S.R. 1, §4.9.
a. ABCC personnel are authorized to direct the return of damaged alcoholic liquors to the warehouse and invoice the supplier for all handling charges, regardless of whether the supplier provides disposition instructions within thirty (30) days of being notified of the damaged alcoholic liquors.

b. Appropriate credit will be provided by the supplier to the retail liquor store.

7.3. The ABCC will under no circumstances be deemed to purchase any defective alcoholic liquors from that which is provided for distribution by bailment.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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