Wineaway Storage Terms & Conditions
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement unless the context otherwise requires:
(a) Cartons means storage containers, cartons or cases used from time to time for the storage of Goods at the Facility: Client means the person named in the Schedule who will deposit Goods for storage at the Facility; Deposit Documents means Wineaway’s pick up and deposit documents; Facility means Wineaway’s climate controlled facility at Unit 3/276 Abbotsford Road, Bowen Hills, Queensland 4006 Australia; Goods means wine, alcoholic beverages or other goods deposited by a Client with and accepted by Wineaway for storage at the Facility; Laws means federal, state or municipal laws, regulations or by-laws; Wineaway means Wineaway Holdings Pty Ltd (ABN 27625172483) and its successors and assigns;
(b) reference to Wineaway includes, where applicable, its officers, employees, agents and sub-contractors;
(c) words importing the singular number import the plural number and vice-versa;
(d) words importing a particular gender import the other genders; and
(e) headings and highlighting are for convenience only and do not effect the interpretation of these conditions.
2.1 Goods are only accepted by Wineaway for storage at the Facility in accordance with the terms and conditions of this Agreement.
2.2 Delivery of any Goods by the Client to Wineaway constitutes acceptance by the Client of the terms and conditions of this Agreement.
2.3 Wineaway shall not be bound by any variation to this Agreement unless the variation is in writing, signed on behalf of Wineaway by its duly authorised officer.
2.4 Save for the lien referred to in clause 12, Wineaway has no right, title or interest in any Goods.
3. CLIENT’S WARRANTIES
3.1 The Client warrants, represents and undertakes to Wineaway and to any person claiming under or in the right of Wineaway that:
(a) the Client will fully, adequately and truly describe Goods on the Deposit Documents;
(b) the Client will be the owner of Goods or will otherwise lawfully be entitled to store Goods at the Facility;
(c) Goods will not be subject to any encumbrance or right of any third party which would or might prevent the Client storing them at the Facility in accordance with this Agreement during any period of storage;
(d) all customs, excise, duties and tax (ìTaxesî) will be paid in full in relation to Goods before they are deposited with Wineaway for storage and Wineaway shall not be liable for any failure to pay any Taxes in relation to Goods if they are levied by the proper authorities on Wineaway;
(e) Goods will not be or include illegal, dangerous, inflammable, corrosive, explosive, volatile, offensive or aerosol items or substances (collectively “Dangerous Goods”); and
(f) the Client will keep Wineaway advised of the Client’s current address, telephone number, fax number and email address.
3.2 The Client indemnifies Wineaway against all costs, claims, demands, suits and damages whatsoever and howsoever arising out of any breach of the warranties set out in clause 3.1.
4.1 All Goods shall be stored at the Facility and carried by Wineaway at the Client’s risk in all things.
4.2 If the Client insures Goods through an insurance broker introduced by Wineaway (“the Broker”) then, even though Wineaway may receive a commission for referring the Client to the Broker or for arranging the insurance, for all purposes related to the storage and carriage of Goods, Wineaway shall be deemed to have no knowledge of the terms, conditions and quantum of any insurance and shall not in any way be liable to the Client in respect of any matter relating to insurance of Goods.
4.3 Goods will not be insured by Wineaway in its own right.
4.4 The Client shall be responsible for the insurance of Goods, which insurance shall take account of this Agreement.
5. USE OF THE FACILITY
5.1 The Client shall not enter the secure area of the Facility without Wineaway’s consent and then only in accordance with the access procedures specified by Wineaway from time to time.
6. CELLAR RECORDS
6.1 The Client agrees that Wineaway shall maintain “cellar records” of goods stored by the Client at the facility. Wineaway only warrants the accuracy of those records where the Client has satisfied Wineaway that the information provided by the Client as to the contents of Cartons deposited by the Client from time to time at the Facility are true and correct.
6.2 Wineaway shall not be liable for any loss which may arise from a discrepancy between the cellar records for any Carton stored at the Facility and the actual contents of that Carton.
7. SECURITY AND INSPECTION OF GOODS
7.1 Unless the Client specifically requests otherwise, where circumstances require, in the exercise of its absolute discretion, Wineaway shall be entitled to open any sealed Carton in which Goods are placed and open and peruse any document accompanying or associated with Goods to determine the nature, condition or ownership of Goods.
8. DANGEROUS GOODS AND REPACKAGING OF GOODS
8.1 If in Wineaway’s opinion Goods are or are liable to become Dangerous Goods, Wineaway may at any time destroy, dispose of, abandon or render the Goods harmless without liability or compensation to the Client and without prejudice to Wineaway’s right to any charges under this Agreement.
8.2 If Cartons are damaged or otherwise require replacement from time to time, Wineaway may, in the exercise of its absolute discretion, repackage Goods in new Cartons.
9. DELIVERY AND PICK UP OF GOODS
9.1 Wineaway is not a common carrier and in the exercise of its absolute discretion, may at any time refuse the transport or carriage of Goods for any person or the transport or carriage of any class of Goods or any particular Goods.
9.2 Despite any specific instructions given by the Client as to the mode of carriage of Goods, in the exercise of its absolute discretion Wineaway may carry Goods or have them carried by sub-contractors and by any means.
9.3 Delivery charges shall be considered earned whether or not Goods are delivered to any nominated consignee and whether damaged or otherwise.
9.4 If: (a) a consignee named in the Client’s delivery instructions is not in attendance at the address specified in the delivery instructions during normal business hours or at a time specified for delivery by the Client; or (b) Wineaway arrives to effect delivery at a consignee’s premises and for any reason outside Wineaway’s control, Wineaway is delayed in effecting prompt delivery.
Wineaway will be entitled to charge the Client an additional charge for every call made for delivery purposes or for the time of any delay in effecting delivery and the Client will pay those charges on demand.
10. PAYMENT OF ACCOUNTS
10.1 The Client shall pay storage, delivery, pick up and other charges in accordance with Wineaway’s Cellaring Rates List as notified by Wineaway from time to time.
10.2 Unless Wineaway otherwise agrees in writing, Wineaway’s accounts are payable by the Client within fourteen (14) days of invoice.
10.3 The Client shall pay an AUD$5.00 fee on each and every overdue account for every seven (7) day period that payment of each overdue account is outstanding with effect from the time the accounts are payable.
10.4 By completing the Schedule the Client gives Wineaway authority to charge payments to the Client and Wineaway may charge its accounts to the Client’s credit card or direct debit account as and when they fall due.
10.5 If any credit card authorisation is declined, Wineaway shall not be obliged to seek further authorisation and interest shall be payable at the rate set out in Clause 10.3 from the time the credit card authorisation was declined until the outstanding account has been paid in full.
11. LIMITATION OF LIABILITY
11.1 Wineaway shall not be liable for any loss or damage to the Goods arising out of their packing, storage or handling, whether in transit or otherwise.
11.2 To the full extent allowed by law, Wineaway shall not be liable in any way to any person for and is expressly released by the Client from any liability for:
(a) any loss, deterioration, contamination or evaporation of or any damage to Goods while in Wineaway’s possession or control;
(b) any failure to deliver Goods at a time or to a place specified by the Client or at all; and
(c) any consequential loss suffered by any person arising out of the matters referred to in paragraphs (a) and (b).
11.3 To the full extent allowed by law, any conditions or warranties which are imposed or implied by any Law in relation to the storage or carriage of Goods which are adverse to Wineaway are hereby excluded and to the extent that they cannot be excluded, then Wineaway’ obligations shall be limited to the supply of its services again or payment for the supply of those services.
11.4 If by operation of law, Wineaway is held liable in any way to any person for any of the matters referred to in clauses 11.1 and 11.2, Wineaway’s liability shall be limited to AUD$250.00 in total in respect of the whole of the Client’s Goods irrespective of the number of individual Cartons stored or carried by Wineaway or the actual value of Goods.
12.1 Wineaway shall have a lien on all Goods and any documents relating to them for all sums payable by the Client to Wineaway and for that purpose Wineaway shall have the right to sell Goods by public auction or private treaty on giving not less than 14 days notice to the Client.
13.1 The rights of the Client under this agreement are not assignable by the Client nor will the Client allow others to exercise its storage rights without the written consent of Wineaway.
14.1 The occurrence of any one or more of the following events shall constitute a default (‘Events of Default’):
(a) Failure to pay any sum within fourteen (14) days of when due; or
(b) Breach of any provisions of these Agreement.
14.2 Upon the occurrence of any of the Events of Default, Wineaway, at its sole option, may exercise any or all of the following remedies:
(a) Demand in writing that the Client collect the Goods; or
(b) Deliver the Goods to Client’s address;
(c) Terminate these Agreement, whereupon Wineaway shall recover all damages suffered by reason of such termination;
(d) Exercise a lien over the Goods.
14.3 If this Agreement shall not have been terminated, the Client shall continue to pay all sums due up to and including the date of delivery of the Goods as provided in (b) above.
14.4 In the event that Wineaway takes any action pursuant to this Section, it shall have no liability to the Client or anyone claiming through the Client.
14.5 Wineaway shall be entitled to include all reasonable legal fees and costs incurred in connection with the enforcement of this Agreement.
15.1 Without derogating from any other method of service allowed by law, any notice, demand or other communication sent to the Client by post to the last address given to Wineaway in writing by the Client shall be deemed to be received by the Client in the ordinary course of post.
15.2 The waiver by Wineaway of the Client’s warranties, representations or obligations shall not prevent the subsequent enforcement of those warranties, representations and obligations and shall not be deemed to be a waiver of any subsequent breach.
15.3 If for any reason any provision of these clauses shall conflict with any mandatory provision of any Law, then the conflicting clause shall be severed or modified to the extent necessary to bring it within the provisions of the Law and so modified, these clauses shall continue in full force and effect.
15.4 The proper law of this Agreement is the law of Queensland and unless otherwise agreed by Wineaway, the Courts of Queensland have exclusive jurisdiction to deal with all matters arising out of this Agreement.
15.5 Wineaway will not be responsible for any failure to comply with the terms of this agreement or any loss or damage to the Goods where such failure, loss or damage is unforseen and due to causes beyond its reasonable control. These causes include, but are not limited to, fire, storm, flood, earthquake, explosion, accident, interruption to services, industrial disputes, war, rebellion, insurrection and acts of God.
16.1 The term of this agreement is one (1) month from the date of this agreement (‘the Fixed Term’). The Client may determine the agreement during the Fixed Term at the end of any calendar month (‘Break Period’) by giving Wineaway written notice of its desire to do so at least seven (7) days before the end of a Break Period.
16.2 If the agreement is not determined in accordance with clause 16.1 prior to the end of the Fixed Term then the parties agree that this agreement shall continue until such time as the Client gives Wineaway a notice in accordance with clause 16.1.
17. HEAT POLICY
17.1 Wineaway understands that your wine is precious, and that storage and transport conditions are paramount to the longevity of your collection. We store collections in a light, temperature and humidity controlled cellar and avoid shipping during spikes in hot weather (>29C). We ship interstate parcels late afternoon so they travel overnight and avoid Thursdays and Friday dispatches to avoid shipments spending a weekend in a warehouse. Temperatures both locally and interstate are monitored closely by Wineaway staff, and the transport companies we engage are made aware of the conditions preferable for wine shipments. Every precaution is taken to ensure wines are shipped in optimum conditions, however Wineaway, at its discretion, will not send shipments during extreme heat, unless you specifically request us to do so (at your risk).