Wine Scout Storage Agreement
This Wine Scout Storage Agreement (“Agreement”) is made by and between the individual set forth above, “Customer,” and Vinolio Exports & Imports, LLC, d/b/a Wine Scout (“Wine Scout”). Wine Scout and Customer agree to enter into this Agreement for the sole purpose of permitting the Customer to lease space designated solely for the purpose of storing wine purchased by Customer from Wine Scout.
Wine Scout and Customer agree to the following terms and conditions.:
This Agreement will begin on the day Agreement has been signed by Customer.
The Agreement will automatically renew monthly unless terminated by Customer, in writing, 10 days prior to the end of the month. Wine Scout reserves the right to revoke storage space at any time.
Wine Scout will store wine purchased by Customer from Wine Scout at no charge for the first six months after the date of purchase. After the first six months, Customer will be charged $9.50 per case (12 bottles), or partial case, per month or partial month. Storage fees will be charged at the beginning of each month. The stroage fee may change at any time with 30 days' writtern notice to Customer pursuant to this Agreement.
Title to ownership of alcoholic beverages passes from Wine Scout to Customer at the time of purchase at Wine Scout's premises in the state of California. California sales tax will be charged at the time of purchase.
Customer warrants he or she is solely responsible for the product after its purchase, including any transportation to the Customer’s selected destination, at Customer’s expense, and for determining the legality and the tax/duty consequences of bringing the product to the Customer's chosen destination.
Wine Scout will release the wine only to Customer, to a third party (such as a shipper) designated by Customer, or as directed by a court order, subpoena, or other legal process. Customer shall arrange for pick-up/shipping details. Upon request, Wine Scout will advise Customer of shippers who can assist, but that information should not be construed as an endorsement of any shipper, nor does Wine scout accept any responsibility for shipment, except to arrange for pickup of wine or delivery to the shipper selected.
Wine Scout will store wine in a temperature-controlled facility designed for fine wine. Customer agrees to indemnify, defend, and hold harmless Wine Scout, its directors, officers, employees, contractors, and agents harmless from and against any liability, damages, costs, expenses, actions, lawsuits, proceedings, attorney fees, and claims for damages arising out of or relating to the loss or damage to wine stored pursuant to this Agreement except for loss or damage due to Wine Scout's intentional misconduct or gross negligence, in which case any liability will be limited to the purchase price of the alcoholic beverage. Wine Scout's aforementioned liability shall be Customer’s exclusive and sole remedy. Customer is responsible for obtaining insurance coverage for loss or damage to Customer’s wine stored at Wine Scout.
Wine Scout may remove the Customer’s wine upon expiration or earlier termination of this Agreement or if fees due and owed are more than 60 days late.
Wine Scout claims, and Customer hereby grants, a lien against all wine stored pursuant to this Agreement, for storage fees and charges and for any and all costs and expenses incurred in the maintenance of such wine and their sale pursuant to law. Any such wine for which fees remain outstanding 60 days after written notice thereof may be sold by Wine Scout. The proceeds of such sale shall first be applied to any indebtedness owing to Wine Scout and to any costs and expenses incurred with respect to the wine stored herein, the sale, and any efforts to collect such indebtedness. Any excess shall be remitted to Customer.
Notices to Customer shall be deemed delivered when emailed to the Customer Email Address set forth above or to such substitute address Customer has provided to Wine Scout in writing.
This agreement is non-transferable, and Wine Scout may revoke it at any time.
This agreement is governed by the laws of the State of California. It obtains the entire agreement between Wine Scout and Customer concerning the terms of storage. The provisions are severable, so that if one is deemed invalid, the others remain in effect. In the event of any dispute arising out of or related to this Agreement, the parties shall first work in good faith for 30 days to resolve the dispute. If no resolution can be reached, the parties may resort to any remedies at law available to them.
Wine Scout may, at any time, modify the terms of this Agreement. Any such modification will be effective 30 days following written notification of the change sent to Customer pursuant to this Agreement. Customer's continued use of Wine Scout Storage after the effective date constitutes acceptance of these modified terms.
This Agreement may be executed in any number of counterparts and delivered by electronic mail, each of which shall be deemed to be an original and all of which shall constitute one and the same agreement.