Terms and Conditions of Montevino Partners Ltd

Definitions and Interpretation

Applicability of the Terms

Cancellation

  1. The Order placed by the Collector may not be cancelled except in accordance with clause 4.2 hereof; and may be accepted or rejected by the Company in its absolute discretion. Acceptance of an order by the Company is not effective until it is confirmed in writing by the Company to the Collector. If the Company is unable to supply the Collector with the goods and or services ordered, the Company will inform the Collector of this as soon as possible and will not process the Order and neither party shall have any liability thereunder.

Rejection and Cancellation

Delivery

The Price

  1. The price payable by the Collector for any Products ordered by a Collector will be the price quoted by the Company at the time the Collector places the Order as set out in the Purchase Contract; or such other price as the parties may subsequently agree in writing.

Payment

Indemnity

Title

  1. Title to the Products passes to the Collector as soon as the goods are ascertained and delivered to the Storage Facility for the account of the Collector. The Collector acknowledges that this may take up to 90 days due to shipping and other matters beyond the control of the Company.

Certificate of Ownership

  1. The Company will provide the Collector with certificate of ownership in relation to the Product upon delivery.

Listing of Wines for Sale

Future Wine Prices

  1. The Company will not be responsible for future wine prices.

Exclusion of Warranties Conditions and Representations

Delay

  1. The Company will not be liable or responsible for any failure to perform or delay in performance of any of its obligations under these Terms or attributable or caused by acts, events, omissions or accidents that are caused or are beyond its control and that time is not of the essence.

Credit References

  1. The Collector acknowledges and agrees that the Company has the authority of the Collector to send personal information to credit reference agencies and keep a record of any results.

Severability

  1. If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

Modification

  1. If any invalid, unenforceable or illegal provision would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Waiver

  1. No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Rights & Remedies

  1. Unless specifically provided otherwise, rights and remedies arising under this agreement are cumulative and do not exclude rights and remedies provided by law.

Assignment

  1. The Company may assign, or grant any encumbrance over, or deal in any way with, any of his rights under this agreement or any document referred to in it, or purport to do any of the same, without, in each case, the prior written consent of the Collector.

Own Behalf

  1. Each party that has rights under this agreement is acting on his own behalf.

Whole Agreement

  1. This agreement constitutes the whole agreement between the parties and supersedes any previous arrangement, understanding or agreement between them relating to the Orders.

  1. Each party acknowledges that, in entering into this agreement, he does not rely on, and shall have no remedy in respect of, any statement, representation, assurance or warranty of any person other than as expressly set out in this agreement or those documents. Nothing herein operates to limit or exclude any liability for fraud.
  2. Third Party Rights
  3. A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Proper Law

  1. This agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England.

Jurisdiction

  1. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

 

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