Terms and Conditions | CDM Capital

CDM Capital Ltd

Terms and conditions for client purchases and related asset services.

By signing an Order Form, Purchase Agreement, Certificate of Acquisition, or any other transaction document issued by CDM Capital Ltd, you confirm that you have read, understood and accepted these Terms and Conditions.

The clauses below reflect the July 2026 terms content supplied for publication on the CDM Capital website. Where there is any inconsistency between these Terms and an individual Purchase Agreement, the Purchase Agreement shall take precedence for that specific transaction.

1. Important Information

Please read these Terms and Conditions carefully before purchasing any whisky cask, spirit, precious metal, artwork, collectible or other tangible asset through CDM Capital Ltd.

These Terms and Conditions govern all purchases made through CDM Capital Ltd and form part of the agreement between you and us.

By signing an Order Form, Purchase Agreement, Certificate of Acquisition or any other transaction document issued by CDM Capital Ltd, you confirm that you have read, understood and accepted these Terms and Conditions.

If there is any inconsistency between these Terms and an individual Purchase Agreement, the Purchase Agreement shall take precedence for that specific transaction.

9. Ownership of Assets

Where the Asset purchased is a whisky cask or bulk spirit, the Purchase Agreement or Certificate of Acquisition will identify the Asset using the information available at the time of purchase, which may include:

Distillery or producer;
Year of distillation or filling;
Cask number;
Cask type;
Original or current bulk litres;
Litres of Pure Alcohol (LPA);
Alcohol by Volume (ABV);
Warehouse location; and
Any applicable warehouse reference.

Ownership of an Asset shall pass to the Client only after:

the full Purchase Price has been received in cleared funds;
the supplier has transferred ownership or beneficial title to CDM Capital or directly to the Client (where applicable);
all required documentation has been completed; and

18. Sale Commission

Where CDM Capital successfully facilitates the sale of an Asset, the Company will charge a commission of 5% of the profit achieved.

Profit is calculated as:

Sale Price less Original Purchase Price

No commission is payable where no profit has been achieved.

The Client authorises CDM Capital to deduct any agreed commission from sale proceeds before the remaining balance is remitted.

19. Additional Costs

Additional charges may apply during ownership or sale of an Asset, including but not limited to:

Warehouse transfer fees;
Regauging fees;
Sampling costs;
Transportation charges;
Bottling charges;
Storage charges;
Insurance charges;
VAT;
Excise Duty;
Customs charges; and
Third-party professional fees.

Where possible, Clients will be notified of applicable charges before they are incurred.

20. Removal from Bond

Clients may request that an Asset is:

transferred to another bonded warehouse;
transferred into another warehouse account;
bottled;
exported; or
removed from bond.

All requests remain subject to:

HMRC requirements;
Warehouse procedures;
Payment of outstanding charges; and
Completion of ownership verification.

Once an Asset leaves bonded storage, the Client may become responsible for VAT, Excise Duty and any other applicable taxes.

21. Bottling

If a Client wishes to bottle a whisky cask, CDM Capital may assist with the process.

Bottling costs are not included within the Purchase Price unless expressly agreed.

Bottling may require:

Regauging;
Sampling;
Bottle production;
Labels;
Packaging;
Transport;
Excise Duty;
VAT; and
Bottling fees.

Purchasing a cask does not grant ownership of a distillery’s trademarks, branding or intellectual property.

22. Third-Party Providers

CDM Capital works with independent third parties including:

Distilleries;
Warehouses;
Insurers;
Brokers;
Carriers;
Bottling facilities;
Laboratories; and
Professional advisers.

Whilst reasonable care is taken when selecting third parties, CDM Capital is not responsible for their acts or omissions where beyond our reasonable control.

23. Client Responsibilities

The Client agrees to:

Provide accurate information.
Keep contact details up to date.
Review documentation before signing.
Make payments when due.
Obtain independent financial, legal and tax advice where appropriate.
Comply with all applicable laws and regulations.

The Client acknowledges that purchasing a tangible asset carries commercial risk.

24. Risk Warning

The Client understands that:

Investments can fall in value.
Liquidity cannot be guaranteed.
Buyers may not always be immediately available.
Market conditions change.
Whisky naturally evaporates during maturation.
Future returns are uncertain.
Past performance is not indicative of future performance.

No employee, representative or director of CDM Capital is authorised to guarantee investment performance unless confirmed in a separately executed written agreement.

25. Limitation of Liability

Nothing within these Terms excludes liability for:

Death or personal injury caused by negligence;
Fraud;
Fraudulent misrepresentation; or
Any liability which cannot legally be excluded.

Subject to the above, CDM Capital shall not be liable for:

Loss of profits;
Loss of opportunity;
Market movements;
Reduction in Asset value;
Delays caused by third parties;
Warehouse failures;
Supplier failures;
Insurance exclusions;
Natural deterioration of Assets;
The Angel’s Share; and
Consequential or indirect losses.

26. Force Majeure

CDM Capital shall not be liable for failure or delay in performing its obligations where caused by circumstances beyond its reasonable control, including but not limited to:

Natural disasters;
Fire;
Flood;
War;
Terrorism;
Pandemic;
Industrial action;
Government restrictions;
Cyber incidents;
Utility failures; and
Transport disruption.

27. Taxation

CDM Capital does not provide tax advice.

Clients are responsible for obtaining independent advice regarding:

Capital Gains Tax;
Income Tax;
Corporation Tax;
Inheritance Tax;
VAT;
Excise Duty; and
International tax obligations.

The tax treatment of whisky casks and other tangible assets depends upon individual circumstances and may change over time.

28. Privacy & Data Protection

CDM Capital processes personal information in accordance with UK data protection legislation.

Personal information may be used for:

Identity verification;
Anti-money laundering checks;
Contract administration;
Customer service; and
Legal and regulatory compliance.

Telephone calls may be monitored or recorded for quality assurance, training and compliance purposes.

Further information is available within our Privacy Policy.

29. Complaints

If you wish to make a complaint, please contact:

CDM Capital Ltd

1 Allied Business Centre
Coldharbour Lane
Harpenden
Hertfordshire
AL5 4UT

Telephone:
020 3006 8409

Email:
Admin@cdmcapital.co.uk

Website:
www.cdmcapital.co.uk

We aim to acknowledge complaints promptly and investigate them fairly.

30. Changes to these Terms

CDM Capital reserves the right to amend these Terms where necessary to reflect:

Changes in legislation;
Regulatory requirements;
Business operations; and
Industry practice.

The version applicable to your purchase will be the version in force when your Contract was formed.

31. Assignment

Clients may not assign or transfer their rights under these Terms without the prior written consent of CDM Capital.

CDM Capital may assign its rights where reasonably necessary for business or legal purposes.

32. Severability

If any provision of these Terms is held to be unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

33. No Waiver

Failure by CDM Capital to enforce any right under these Terms shall not constitute a waiver of that right.

34. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of England and Wales.

Any disputes shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

35. Contact Details