Who owns coolers?

Solicitors handling a business sale where a Coca-Cola branded cooler appears in the list of fixtures and fittings should check who owns the cooler

The Journal, December 2002, page 10

When a business is sold problems often arise regarding the ownership of Coca-Cola Enterprises Ltd (CCE) branded coolers. Although a few businesses purchase coolers outright from CCE, CCE retains title to most CCE branded coolers. Problems arise when solicitors handling the transaction include a CCE cooler in the sale as part of the fixtures and fittings of the shop. Naturally the new owner is upset when he or she discovers that the CCE cooler should not have been included as part of the transaction as CCE retains the title to this piece of equipment.

Solicitors handling a business sale where a CCE cooler appears on the list of fixures and fittings should check with their client who owns the cooler. Solicitors should be aware that only a small number of branded coolers are purchased outright by business owners. CCE are usually happy to allow the new owners of the premises to continue to use CCE coolers but a new contract must be signed by the new owner.

If the cooler is owned by CCE and the new owner does not wish to keep the CCE cooler or indeed the previous owner wishes to have the CCE cooler removed before any sale takes place, this can be arranged by contacting Elza Barr at CCE's Scottish Regional Sales Office on 01355 581200.