Terms of service.
Interpretation
“WTL” means The Wine Tunnels Limited whose registered office is: Wine Tunnels, Ltd, Diss Business Hub, Hopper Way, Norfolk, IP22 4GT. Company Registration No. 10893496 and Head Office is: Wine Tunnels, Ltd, Diss Business Hub, Hopper Way, Norfolk, IP22 4GT. VAT Registration No. 276598050.
“Client” means the person, firm or corporation to whom WTL is providing the service to:
“HMRC” Her Majesty’s Revenue and Customs
“RH&D” Receipt, Handling and Despatch of Goods.
“Instruction” Means any instruction to provide a service, given by the Client or its authorised representative (whose details have been previously submitted to WTL) to WTL in writing or by email and received by WTL in respect of Goods, regarding their delivery to WTL, despatch, storage, inspection, collection, transfer or general management and where applicable, including all relevant HMRC Documentation and hauler’s/carriers movement guarantee movement.
These Terms & Conditions form a contract in relation to the provision of wine storage between The Wine Tunnels Limited and the Client.
WTL reserves the right to suspend or terminate the Client’s account if it reasonably appears to WTL that the Client is in breach of any of the published Terms and Conditions.
Storage
All wines stored with The Wine Tunnels Limited is located at London City Bond Limited, Dinton Woods, Catherine Ford Lane, Salisbury, Wiltshire, SP3 5HB
WTL storage invoices are raised annually in advance and the fee is not refundable or part refundable should wine be removed from storage during that year.
WTL will produce a stock report annually, detailing Client’s stock stored at that date with WTL. If there has been a change in the account (receiving cases/departing cases) then an updated stock report will be sent to the client at this time.
Mixed cases will not be accepted for storage, unless official assortments supplied by the Producer/Chateaux, or unless agreed in writing by WTL.
WTL will supply to the Client a photograph (“condition report”) of every case received into WTL. Please note that where the stock is banded (in original wooden case with bands around the outside) the case will not be opened, and a photo will be taken of the exterior of the case only.
WTL will take all reasonable care to ensure that your wine is at all times carefully handled and stored in the optimum conditions, we shall have no liability to you for any ullage or deterioration that may occur over time through natural processes to which all wines, corks, bottles and/or packaging may be susceptible, however carefully handled and stored.
WTL shall always be happy to give our opinion, on request, as to the condition, saleability and/or drinkability of any of your wine, we shall have no liability to you for any such opinion. We are not authorised to give financial or investment advice under Financial Services legislation, or regulated under such legislation.
WTL shall be entitled to sub-contract the warehousing of your wine to any third party warehousing service provider of our choice.
By storing wine with WTL the Client agrees to the following:
Instructions
The Client shall be responsible for the accuracy of all instructions.
Instructions shall not be binding on WTL until any and ALL storage, RH&D, Condition Report charges, Duty and VAT payable in respect of the release of the Goods from storage has been paid to and received by WTL.
Instructions given to WTL shall not take effect unless actually received by WTL.
Instructions shall continue in full force until cancelled or superseded.
WTL shall be under no obligation to cancel or amend any instructions after receipt should the Client so request. WTL shall use its reasonable endeavours to act on requests from a Client for cancellation or amendment of such instructions prior to execution and reserves the right to charge an administration fee in the event that costs are incurred by WTL as a result of such cancellation or amendment.
WTL may at its absolute discretion and without incurring any liability whatsoever refuse to act on any instructions for any reason.
Receipt of Goods
WTL will provide the Client with a Stock report on an annual basis. It is the responsibility of the Client to ensure that the details contained within this document are correct as WTL is unable to accept any responsibility or financial liability for the input of incorrect data.
WTL will only accept goods on behalf of the Client if accompanied by valid appropriate documentation as follows:
A sales invoice showing purchase prices must accompany all wines. Any wines received without values will be entered at the current market value at this date.
An invoice to show that all relevant UK Taxes have been paid must accompany Duty Paid wines not coming from another UK bonded Warehouse.
WTL must have prior warning in the form of a detailed list of all wines being delivered to a WTL storage account. This should include In Bond prices where applicable.
By accepting wine for storage we do not give you any warranty or make any representation to you except:
That the wine appears to be as described by you and by the accompanying documentation
Where it is a re-packed case(s), or where the exterior of the case(s) does not state the wine name LCB Dinton Woods will open the case and check the contents of the case. This process does not constitute verification of the wines. WTL will not be liable to the Client or any other party for any losses however caused arising out of or connected to the discovery that the contents of the case(s) are not as described in the delivery documentation or on the outside of the case(s).
WTL and LCB Dinton Woods may, but will not be obliged to open cases in order to check contents.
The contents of each case were as depicted in the condition report sent to you, at the time they were taken.
WTL will advise you if any wine received appears to be not as described by you, or is missing, damaged or in unsatisfactory condition, and if for any reason we decline to accept any wine for storage.
Deliveries/Collections/Transfers
All deliveries and transfers are charged for upon receipt of written instruction. Please contact WTL for a quote.
A minimum of 72 hours notice is required for the withdrawal of stock.
Any goods that have not been collected within three working days of the agreed collection date will be liable to be re-booked into stock, incurring additional administration and storage charges.
From time to time WTL may use third party carriers and cannot be held directly responsible for their actions.
Any broken, damaged, missing or incorrect products should be reported to the carrier and noted on the delivery note and/or the carrier’s electronic handheld device at the time of delivery; It should also be reported to us by telephone and in writing within 24hours of any breakages or discrepancies.
WTL shall be entitled to reject any claim for broken or damaged products, incorrect quantities or incorrect products if you do not notify us of it as soon as reasonably possible and within 5 working days after the day of delivery at the latest.
All Underbond orders must state the Client’s account, a valid Bond Address, Contact person at the Bond address, and will be fulfilled within the agreed delivery criteria subject to acceptance by the receiving warehouse.
Charges and Payment Terms
All WTL invoices are due for payment in full without deduction, set off or counter claim within 5 days from the date of WTL’s invoice.
WTL expressly reserves a lien and power of sale over the entire Client’s wine and goods belonging to the Client under the Company’s control for any storage, fees, costs and expenses or other charge or money owing to it by the Client. If any such sum remains unpaid (in full or in part) more than 3 months after it becomes due, WTL is entitled to:
Retain the Client’s goods in its possession until full payment is made; and
Dispose of the Client’s goods in such manner and at such price as WTL thinks fit on the expiry of 21 days notice to the Client. Such notice shall be:
Given in accordance with the Notices clause below;
State the amount due; and
State WTL’s intention to dispose of the Client’s Goods unless the amount due is paid in full by the expiry of the notice period.
WTL will apply the proceeds of any disposal under this clause in the following order:
Payment of disposal costs;
Payment of outstanding fees, costs, expenses charged under or in connection with this agreement;
Subject to remainder of this clause, payment of any remainder to the Client.
The Client must keep WTL informed of their current contact details (i.e. postal address and email address). WTL will use these details to send notices pursuant to this agreement (see Notices clause below). If the Client does not respond to a Final Notice (see below) during the Final Notice Period then the Client shall forfeit the Remainder Monies to WTL and those monies shall be transferred absolutely to WTL and be WTL’s property and WTL shall be entitled to keep, dispose, use of apply those Remainder Monies as it sees fit.
If, having exercised its lien and power of sale, there are monies due to the Client (Remainder Monies) then WTL will notify the Client in writing to their last known address (Remainder Money Notice). Such notice shall be:
Given in the accordance with the Notices clause below;
State the amount to be remitted to the Client
Request the Client’s payment details;
State WTL’s intention to hold the Remainder Monies with no interest accruing to the Client for 3 months from the date of the notice (Notice Period);
State that if WTL does not hear from the Client within the Notice Period then the Client may forfeit the Remainder Monies which shall be transferred absolutely to WTL.
If the Client does not respond to a Remainder Monies Notice within the Notice Period then WTL shall then send to the Client another Notice (Final Notice).
Such notice shall be:
Given in accordance with the Notices below;
State that the Client has not responded to the Remainder Monies Notices;
Request the Client’s payment details;
State WTL’s Intention to hold the Reminder Monies with no interest accruing to the client for a further period of 3 months from the date of the Final Notice (Final Notice Period)
State that if WTL does not hear from the Client within the Final Notice Period then the Client will forfeit the Remainder Monies which shall be transferred absolutely to WTL.
WTL reserve the right to refuse the release of the Client stock pending receipt of cleared funds to ensure that the Client’s outstanding debt remains below the cost value of the stock held with WTL.
WTL shall be entitled to charge interest on unpaid invoices at 10% above the Bank of England base rate from the date the payment was due. Such interest shall accrue on a daily basis from the due date of the invoice until date of actual payment and cleared funds of the overdue amount.
All rates and charges will be subject to annual review.
Notices
A notice given to a party under or in connection with this agreement shall be in writing and sent to the party at the address or email address given at the time of entering into this agreement or as subsequently notified in writing to the other party.
Any notice shall be deemed as have been received:
If delivered by hand at the time the notice is left at the proper address;
If sent by pre-paid Royal Mail first class post or other next day working day delivery service, at 9.00am on the second business day after posting;
If sent by email at 9:00am on the next Business Day after transmission.
Insurance
The Insurance Policy in place covers all risks of physical loss or damage in line with Institute Cargo Clauses A subject to the exclusions and terms within the policy.
For a copy of the policy wording please contact us at storage@winetunnels.com
Termination
Either WTL or the Client may terminate this contract of storage by giving the other 2 weeks notice in writing via email and to WTL’s Head Office address. If to the Client, notice shall be to the Client’s last known postal address and email address.
On termination of the contract for any reason:
The Client shall immediately pay WTL all of WTL’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, WTL shall submit an invoice, which shall be payable by the Client immediately on receipt.
Goods shall be returned to the Client at the Client’s expense.
Effectiveness of Terms & Conditions
These terms and conditions take effect immediately and supersedes all previous versions that are now null and void.
Receipt of stock into the WTL bond is classed as acceptance of these Terms and Conditions by the Client.
WTL reserves the right to alter these Terms & Conditions subject to 28 days notice being given to the Client.
Law/Jurisdiction
English law shall apply to this contract. The Client agrees to submit to the jurisdiction of the English courts.