| The following conditions shall apply to the storage of wines at the Cellar(s)
conducted by Cellarit. Cellarit shall not be bound by any variation to the
following conditions unless in writing signed by Cellarit's authorised officer:
Definitions Unless the context otherwise requires:
"Cellar" means the Cellar conducted by Cellarit at which the Client's Wine is
stored.
"Cellarit" means Cellarit Pty Limited (ABN 40 092 360 195)
"Container" means the storage container, carton, box or other storage device
used for the storage of Wine at the Cellar.
"Client" means the person or entity who lodges the Wine for storage.
"Lodgment Documentation" means the documentation to be completed by the Client
in relation to the delivery, deposit, storage, transportation or transfer of
Wine at the Cellar.
"Wine" means and includes the property of the Client including wine, other
alcoholic beverages or other goods lodged with Cellarit for storage in the
Cellar.
Lodgment of Wine at the Cellar
(a) Before lodging Wine for storage at the Cellar the Client shall complete the
Lodgment Documentation appropriate to the circumstances in which the Wine is
to be deposited.
(b) The Client represents and agrees in relation to Wine deposited that the Wine
will be accurately and adequately described in the Lodgment Documentation:
that the Client is the sole owner or is otherwise lawfully entitled to store
the Wine at the Cellar: that the Wine is not subject to any encumbrance or lien
which might prevent or restrict the Client from lodging the Wine at the Cellar
for storage and that the Wine does not and will not become dangerous goods.
(c) While the Client's Wine continues to be stored in the Cellar the Client
undertakes to promptly notify Cellarit of any change to the Client's current
address, telephone number, facsimile number or email address.
(d) The Client acknowledges and agrees that the Client has made his or her own
enquires as to the suitability and fitness of the Cellar for the purposes of
storing the Client's Wine and that he or she has not relied on any
representation made by Cellarit or a representative of Cellarit.
Risk and Insurance
Insurance
(a) Storage: While Cellarit's facilities have sophisticated security
arrangements and Cellarit takes due care Cellarit does not accept any liability
for loss or damage to wine, other alcoholic beverages and other goods ("Wine")
held in its Cellar. Cellarit requires that Clients have Insurance Cover for
their Wine: while Cellarit can assist in determining the value of Wine and
recommends that amounts insured allow for appreciation it is the responsibility
of the Client to select the amount of insurance cover required.
(b) Transit: While Cellarit takes due care Cellarit does not accept any
liability for loss or damage to wine, other alcoholic beverages and other goods
("Wine") while in transit to or from its Cellar. Cellarit recommends that
Clients have Insurance Cover for their Wine in transit.
(c) Values: Customers are responsible for nominating the insured value per bottle via Cellarit's software. If no value is nominated, Cellarit will in the first instance apply a minimum value per bottle or in the second instance, at its sole discretion, undertake to estimate a value, and that value will form the basis for any claim subject to the section below, "Wine Storage & Transit Insurance Claims". Customers may request an insurance valuation at any time.
Master Insurance Policy:
Wine Storage Cover
Cellarit has arranged a Master Insurance Policy with an Insurer the Underwriter
(Lumley General Insurance Limited) to provide insurance to its Clients whilst
their Wine is stored in its Cellar ("the Master Policy"). Cellarit will arrange insurance for your wine under the Master Policy via Longfellows registered insurance brokers, license 261209.
A brief summary of the storage insurance cover provided by the Underwriter under
the Master Policy follows:
(a) Cover: Cover is provided for burglary, theft, fire, lightning, explosion, earthquake, impact by aircraft or vehicles, accidental damage, malicious damage, vandalism, storm and tempest, rainwater, leakage from pipes. There is an excess of $100 for each and every claim; Cellarit may absorb the excess at its sole discretion. In taking the insurance the Client warrants that the Wine is not otherwise insured.
(b) Exclusions and limits: Transit damage, war, confiscation, vermin, wear and
tear, mould, mildew, condensation, climatic conditions, flood and any
consequential loss are excluded. Burglary and theft is limited on a per
occurrence basis across all insured customers to an amount that Cellarit
believes adequate given the physical difficulty of removing wine prior to
response by security and police.
(c) Cover Period: Cover commences on the date your Insurance Application is
received and is extended monthly. By using the Cellarit software to indicate
your wine values and request insurance cover, you are deemed to have lodged
your Insurance Application and to have accepted the terms and conditions herein
accordingly. The Underwriter may cancel cover on 30 days notice to you.
(d) Premiums: Are payable monthly in arrears by the 14th day of each calendar
month at the published rates. If you are in arrears with payments of premium
you will not be covered. You may reinstate cover by paying the premium.
Wine Transit Cover
A brief summary of the transit insurance cover provided by the Underwriter, QBE Insurance (Aust) Ltd.,
under the Master Policy follows:
(a) Cover: Cover is provided for non-delivery, accidental damage, malicious damage, vandalism and
theft, including loading and unloading, fire, lightning, explosion, earthquake, impact
by aircraft or vehicles. There is no excess and in
taking the insurance the Client warrants that the Wine is not otherwise
insured.
(b) Exclusions: War, confiscation, vermin, wear and tear, mould, mildew,
condensation, climatic conditions and any consequential loss; transport fees.
(c) Cover Period: For Wine in transit to Cellarit, cover commences when Cellarit
or its subcontractor takes possession of the Wine and the Client signs a
consignment note that accurately reflects the Wine in transit. Cover ends when
the Wine enters the Cellar. For wine in transit from Cellarit, cover commences
when the Wine leaves the Cellar and ends when the Client signs for its receipt.
In the event that the Client has provided instructions to Cellarit to leave the
wine if it is not able to be signed for, coverage ends when the Wine is
deposited at the location address.
(d) Premiums: Are payable at the time when the request for transit is lodged
with Cellarit.
Your Duty of Disclosure:
Under the Insurance Contracts Act 1984 the Underwriter is required to advise you
of your responsibilities in relation to the disclosure of relevant information
as follows.
Before you enter into a contract of general insurance with an insurer you have a
duty, under the Insurance Contracts Act 1984, to disclose to the Insurer every
matter that you know or could reasonably be expected to know is relevant to the
Insurer's decision whether to accept the risk of the insurance and if so, on
what terms. You have the same duty to disclose those matters to the Insurer
before you renew, extend, vary or reinstate a contract of general insurance.
Your duty however does not require disclosure of matter:
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That diminishes the risk to be undertaken by the Insurer;
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That is common knowledge;
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That your Insurer knows or, in the ordinary course of business, ought to know;
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As to which compliance with your duty is waived by the Insurer.
If you fail to comply with your duty of disclosure the Insurer may be entitled
to reduce its liability under the contract in respect of a claim or may cancel
the contract.
Wine Storage & Transit Insurance Claims:
The Cellarit software provides a mechanism to enter the value of each wine as
well as a total insured amount during transit and/or storage and to modify the
storage value(s) at will. The most recent of these values will form the basis
of any claim
The Underwriter reserves the right to review and correct individual values or
total values at any point. The underwriter has final authority over acceptance
of all claims and may settle claims by:
(a) Replacing the insured items;
(b) Making payment up to but not exceeding their declared value.
All claims will be settled within 60 days of acceptance by the underwriter.
Insurance Application
By using the Cellarit software to manage your wine storage account, you are deemed to have lodged an Insurance Application for
coverage under the Master Policy and to have accepted the terms and conditions
herein accordingly.
General Wine Storage Terms
(a) Unless otherwise agreed the only records as to the contents of Containers
and Wine stored shall be records prepared and kept from information contained
in the Lodgment Documents provided by the Client.
(b) Except as indicated below or expressly authorised by the Client Containers
will not be opened by Cellarit.
(c) Cellarit may in its discretion open a Container if in the reasonable opinion
of Cellarit it becomes necessary to determine the ownership nature or condition
of Wine.
(d) If Containers are damaged or otherwise require replacement from time to time
Cellarit may in its absolute discretion repackage the wines into new Containers
at the expense of the Client.
(e) If in the opinion of Cellarit the Wine is or is likely to become dangerous
goods Cellarit may destroy or dispose of the Wine without liability to the
Client and without prejudice to its storage charges under these conditions.
Transportation of Wine
(a) The Client expressly acknowledges and agrees that neither Cellarit nor any
carrier or contractor is a common carrier and may refuse to carry wine in its
absolute discretion.
(b) If Cellarit or a carrier or subcontractor arranged by it is to pick up or
deliver any Wine the Client shall pay the charges for carriage. Carriage shall
be at the entire risk of the Client.
Liability
(a) To the extent permitted by law any condition or warranty which would
otherwise be implied into these conditions is hereby excluded. Where
legislation implies any condition or warranty and that legislation prohibits
Cellarit from excluding or modifying the application of or liability under or
any such condition or warranty that condition or warranty will be deemed
included but liability will be limited for a breach of that condition to
supplying the services again or paying the cost of having the services supplied
again.
(b) Except in relation to liability for personal entry and except as otherwise
stipulated in these conditions Cellarit, its employees, agents or
subcontractors will not accept liability to the Client in respect of any loss
or damage (including indirect, special or consequential loss or damage) which
may be suffered or incurred by the Client or which may arise directly or
indirectly in respect of the storage of Wine or in respect of any failure or
omission on their part to comply with the obligations as set out in these
conditions.
Payment of Cellarit's Charges
(a) The Client agrees to pay storage, transport and other charges in accordance
with Cellarit's schedule of rates as published from time to time and to pay
insurance premiums under the Master Policy arranged by Cellarit at the rates published on behalf of the Underwriter from
time to time.
(b) Unless otherwise stated all published rates are inclusive of Goods and
Services Tax.
(c) Cellarit accepts payment in several forms. However, Cellarit shall have the right to stipulate payment in any one of the following forms and exclude the others:
- Credit card
- Cheque
- Bank transfer (details below)
Cellarit Pty Ltd
Commonwealth Bank, Double Bay NSW
BSB: 062156 Account: 1008324
(d) Where the Client has lodged credit card details with Cellarit, via phone, fax, email, mail or by entering them directly into the Client's account after logging onto the Cellarit website, the Client grants authority to Cellarit to use the Client's credit card to pay for any and all charges (subject to clause (c) above).
(e) Accounts are payable within 14 days of invoice. If the Client has given
Cellarit authority to charge payments to the Client's credit card Cellarit may
charge the Client's credit card with amounts as they fall due to Cellarit or
the Underwriter as the case may be.
(f) A late fee of the greater of 3% or $10 will apply to overdue invoice amounts. If the account remains unsettled on the last business day of the month, it is in default and a default fee of the greater of 3% or $10 will apply. These fees will continue each month until the account is paid in full into Cellarit’s account with cleared funds whether by credit card, cheque or bank transfer (subject to clause (c) above).
(g) Cellarit shall have a lien on all Wine and Documents relating to Wine for all sums payable by the Client to Cellarit and for that purpose Cellarit shall have the right to sell the Wine by public auction or private treaty on giving the Client not less than 14 days notice by email. Cellarit is entitled to recover any outstanding amounts owing plus any expense incurred in exercising its lien.
(h) Cellarit shall have the right to prevent removal and/or delivery of Wine to accounts that are in arrears, in a state of default or when amounts will be due to Cellarit after removal. Accounts that are in default must pay any monies owing, plus estimated storage charges not yet invoiced, handling and delivery fees to a new location should removal be requested. Removal by collection from Cellarit's facilities may be permitted at Cellarit's discretion upon payment in full of all monies owing, estimated storage charges not yet invoiced and handling-out fees. Any handling-out credits accrued on the account are forfeited.
(i) Cellarit shall have the right to remove Wine from its premises with 14 days notice by email for accounts that are in arrears or in a state of default.
Other Matters
(a) The waiver by Cellarit of any obligation of the Client shall not prevent the
subsequent enforcement of that obligation.
(b) Wine Storage services, including storage, handling, insurance and transport,
may not be resold by a Client to any third party in any manner without the
prior written approval of Cellarit Pty Ltd. Cellarit reserves the right to
review any resale arrangements in whole or in part at any time.
(c) The Law applicable to these conditions shall be the law of New South Wales,
Australia. |