In these Terms and Conditions, “Kerry Wines”, “we”, “use” or “our” means Kerry Wines Limited; and “Customer”, “you” or “your” means any person, firm, company, body corporate or entity who/which places a storage order with Kerry Wines.
We offer storage arrangement to the Customer for wines (including any En Primeur Wines released from the relevant chateaux or onto the market) to be stored (by the complete unmixed case) at Kerry Wines’ chosen bonded warehouse.
Following shipment, your wines, by default, will be entered directly in to your Private Storage in bond.
Customers who elect to have their wines cleared from bond will be required to pay duty and VAT at the prevailing rates when they request release of said wines from bond. Please contact us for details of current rates of duty and VAT.
Minimum Storage Charge
Wines stored with Kerry Wines are subject to annual storage charges payable in advance. No refund or credit will be given if the wine is retrieved by the Customer during the course of a year. Contact us for information on current charges. Kerry Wines reserves the right to increase the annual charge without prior notice. Customers will receive annual notification on storage charges.
All charges are due within 30 days from the date of the rent invoice sent to the Customer's last known mailing or email address.
We may terminate your cellarage upon not less than 3 months prior notice. In such event you agree to collect your reserves or provide us with delivery details within 7 working days from the date of such notice. If you fail to do so then, in additional to our right of sale for non-payment (see below) we reserve the right to dispose by sale or otherwise your wines which have not been collected or where no instructions for delivery have been received. We shall have the right to deduct from the proceeds of sale an administration charge and any monies you owe us, and will send you the balance subject to receiving your instructions to do so. We are not obliged to add interest to the balance.
Kerry Wines reserves the final right of termination under any circumstances
Customers' Private Storage wines are insured at your purchase price from Kerry Wines or HK$1,500 per bottle of 750ml, whichever is the lower. Unless otherwise communicated, insurance cover is provided as part of our storage service. Wines purchased from and stored with Kerry Wines will be insured by us against all risks of physical loss or damage subject to the terms and conditions of the relevant insurance policy.
Third party beneficiaries
Irrespective of whether the wines in your reserve have been bought for a third party or ownership is actually or beneficially transferred to that third party (whether related to you or not) and whether or not we have been informed of this, you, and only you, shall be our client in respect of your reserve and shall be solely responsible for all payments and for providing all instructions in relation to the reserve. You hereby agree to indemnify us against all and any liability, losses, expenses and costs arising from any claim of whatever nature made by such third parties and incurred by us in exercising our right of sale or disposal, or refusing to act upon such third parties' instructions or otherwise.
Receipt of Goods
Kerry Wines will not open cases in order to verify the contents. Where the contents of case have not be verified, Kerry Wines will not be liable to the Customer or any other party for any losses however caused, if at a future date, it is discovered that the contents of the case are not as described in the delivery documentation or on the outside of the case.
We hereby expressly reserve a lien over the Customer’s wine under our control for any unpaid storage fee or other charges owing to us by the Customer. Kerry Wines may refuse to release the wines stored by the Customer if there is overdue charges. For the avoidance of doubt, the usual storage charges of the wines shall continue to accrue when the wines are being kept by Kerry Wines in exercise of its lien for any overdue charges. If any storage fees or other charges owing to us by the Customer remain unpaid for over 3 years, Kerry Wines shall be entitled to sell or otherwise dispose at its absolute discretion some or all of the Customers' wines without further notice to the Customer.
Kerry Wines gives no warranty as to the quality and fitness of the packaging material provided or used. Unless otherwise specifically agreed in writing, Kerry Wines may vary, without being obliged to inform the Customer, the location, facilities, methods and/or conditions of rendering the storage services.
Limitation of Liability
Kerry Wines shall not be liable to the Customer for (a) ullages or for any deterioration in the condition of any wines stored by Customer with Kerry Wines, which may occur through the natural processes to which all wines and their corks, however well cared for, are subject; and (b) any act or omission or delay or non-performance of any of its obligations caused by events beyond the power or control of Kerry Wines.
Except to the extent that any loss or damage to the Customer is incurred due to or arising from the willful default of Kerry Wines, its employees or agents, Kerry Wines shall not in any circumstances be liable and otherwise responsible for any direct, indirect or consequential loss damage to the Customer or any third party for any loss, damage, deterioration, misplacement, destruction, late delivery or non-delivery or unavailability of or to any wines deposited and stored with Kerry Wines by its Customer howsoever causes.
IN THE EVENT KERRY WINES IS LIABLE TO THE CUSTOMER FOR ANY REASON UNDER THESE TERM AND CONDITIONS, KERRY WINES’ AGGREGATE LIABILITY SHALL BE LIMITED TO YOUR PURCHASE PRICE OF THE BOTTLES CONCERNED, SUBJECT TO A MAXIMUM LIABILITY OF HK$1,500 PER 750ML OF WINE. IF CUSTOMER REQUIRE ADDITIONAL PROTECTION, YOU MAY TAKE OUT EXTRA INSURANCE COVERAGE ON YOUR OWN ACCOUNT.
For the avoidance of doubt and without prejudice to the generality of the foregoing, Kerry Wines shall not be liable howsoever for any loss or damage to the Customer or any third party arising from or as a result of events including but not limited to the following:
(a) Strike, lock-out and/or civil commotion;
(b) War, war-like or hostile actions;
(c) Any government action or intervention;
(d) Sudden change in political situations preventing previous and prevailing normal and usual practice in trading; and
(e) Act of God
The Customer shall not store in the bottles or cases any item which is or may be unlawful, illegal or dangerous. Kerry Wines may without notice or liability to the Customer surrender the bottles and/or the cases to any governmental authorities upon request or demand or to any other party pursuant to any court order. Kerry Wines shall not in any way be liable or responsible to the Customer for any loss or damage which may be suffered or sustained by the Customer arising there from and the Customer shall fully indemnify Kerry Wines against all actions proceedings claims and demands of whatever nature by whomsoever relating thereto.
The data collected by Kerry Wines from the Customer will be used in connection with the provision of services to the Customer. The Customer agrees that the data may be used for business administration by Kerry Wines. Unless legally required to do so Kerry Wines will not disclose the Customer data to any third party. We may however disclose the Customer’s data to our service providers, such as data processing agents or financial institutions for processing payment.
Right to Changes of Policy
Kerry Wines reserves the right to change these terms and conditions as it sees fit and your continued use of the service will signify your acceptance of any adjustment to these terms.
The Contracts (Rights of Third Parties) Ordinance of the laws of Hong Kong shall not apply and no person other than the Customer and Kerry Wines shall have any rights under the transaction contemplated herein nor shall it be enforceable by any person other than the said parties.
If any provision in these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect other provisions of these Terms and Conditions. All provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
These Terms and Conditions are governed by and shall be construed in accordance with the laws of Hong Kong Special Administrative Region (“Hong Kong”). The Customer agrees to submit to the non-exclusive jurisdiction of the Hong Kong courts.
These Terms and Conditions are written in the English language and may be translated into Chinese. In the event of any inconsistency between the English version and the Chinese version, the English version shall prevail.