| 1. GENERAL |
| 1.1 |
This agreement applies to all En Primeur wine purchases from Glengarry Wines
by you the customer, including from Glengarry's En Primeur website, En Primeur
Brochures and any other En Primeur offers.
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| 2. PURCHASE TERMS |
| 2.1 |
When purchasing products you accept and agree that you are legally entitled
to purchase alcohol.
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| 3. FIRST PAYMENT |
| 3.1 |
The First Payment price as quoted on our En Primeur website, En Primeur
Brochures and any other En Primeur offers, will be prepared after our En Primeur
Cut-Off Date of 30th June, and issued on the 20th of July or soon after
of the year of the offer. This First Payment summary is payable and due within
20 days of issue.
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| 4. SECOND PAYMENT |
| 4.1 |
The Second Payment price as quoted on our En Primeur website, En Primeur Brochures
and any other En Primeur offers, will be invoiced after the wines have arrived
approximately two years later. This Second Payment summary is payable and due on or
before delivery of the wines. This Second Payment invoice includes the final costs
of special bottling, importing, and freight, insurance, duties, levies, taxes,
tariffs, delivery and GST and therefore may vary from the Second Payment price as
quoted at the time of the En Primeur being offered.
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| 5. CUT-OFF DATE |
| 5.1 |
The En Primeur cut-off date is the final day for placing orders and confirming bottle
sizes and Glengarry shall not permit (nor agrees) to any changes or additions to En
Primeur orders placed after this date.
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| 6. WISH LISTS |
| 6.1 |
Wish Lists requested from customers are only indicative requests of your wishes to
purchase specified quantities of wines which enable Glengarry to seek supply from
its suppliers.
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| 6.2 |
Glengarry will endeavor to fulfill a customer's wish list but makes no contractual
obligation (or acceptance) that it will fulfill a customer's "wish list" as if it was
an "accepted order". This is because Glengarry is dependent upon its suppliers to make
these wines available to us in the first instance.
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| 7. PAYMENT TERMS |
| 7.1 |
If you pay by credit card you agree to indemnify us against any default by your credit
card company to make full payment to us.
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| 7.2 |
We reserve the right to recover any products for which you have not paid for by
the due date. Glengarry shall also be entitled to exercise a lien over any
products for any unpaid amounts and shall be entitled to resell the products
after 20 days notice.
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| 7.3 |
We will charge you interest at the rate of 1.5% per month if your payments
are unpaid after the due date.
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| 7.4 |
In the event of default in any payments, Glengarry shall be entitled to claim
payment of the debt and its costs and losses of and incidental to the purchase.
Glengarry shall have the right of set-off in relation to and against any other
of the customer's accounts.
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| 8. LIMITATIONS |
| 8.1 |
Glengarry's liability shall be limited to the prices specified in the first
payment invoice for any disputed item. This constitutes your sole remedies
against Glengarry and Glengarry's total liability.
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| 9. EXCEPTIONS |
| 9.1 |
Shortfalls. Our ability to supply or fulfill your order is limited by the quantity and bottle
sizes of wines finally supplied to Glengarry by our Suppliers. If Glengarry does not receive
sufficient wines to enable it to supply or fulfill to you the quantity and bottle sizes of
wines in your order, you agree to accept such lesser quantity and/or alternative bottle sizes
of the same wines, as allocated by Glengarry to you, at our sole discretion. If any short
supplies of wines occur, we will offer you alternative En Primeur wines, at En Primeur prices
to the same value or alternatively a refund for these short supplied wines will be made.
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| 9.2 |
Computer Error. In the event of any computer or other errors occurring on the En Primeur website,
En Primeur Brochures and any other En Primeur offers, orders and/or Invoices, we will forthwith notify
you of the same. If the correction increases your liability by more than 15% for the item(s) notified,
you may elect to cancel the particular item(s) ordered, which are subject to that computer and/or other
error. Any amounts paid by you shall be credited against your Second Payment Invoice. Otherwise the
correction will be applied to the price and you shall have no entitlement to claim anything further
from Glengarry.
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| 10. CONSUMER GUARANTEES ACT |
| 10.1 |
Where Products are being purchased for a business purpose, the parties agree that the provisions
of the Consumer Guarantees Act 1993 are specifically excluded.
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| 10.2 |
This agreement is governed by New Zealand law and any legal action must be taken in a Court in New Zealand.
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| 11. ASSIGNMENT |
| 11.1 |
You may not assign any rights under this agreement except with our prior written consent. We may
assign our rights under this agreement without seeking your prior consent.
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| 12. FORCE MAJEURE |
| 12.1 |
Force Majeure. Glengarry shall not be liable for any failure or delay in supply or delivery of
the En Primeur Wine and Services where such failure or delay is wholly or partly due to any cause or circumstances
whatsoever outside the reasonable control of Glengarry including, but not limited to, war, strikes, lockouts,
industrial disputes/unrest, transport delays, government restrictions or intervention, fire, acts of God,
breakdown of Plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil
commotion, terrorist acts or accidents of any kind.
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| 13. NOTICES |
| 13.1 |
We will send all invoices and notices required under this agreement to the address (postal or email) that you
nominate as your preferred method of contact. It is your responsibility to ensure that you keep up us informed
of your contact details and any changes to your contact details.
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| 13.2 |
You will be deemed to have received a notice sent by emai , at the time that we send it and if by post,
four days after we send it.
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| 13.3 |
We may change the terms of this agreement from time to time by giving notice in writing and by changing
the terms on our website. By placing your En Primeur order you are accepting these terms.
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| 14. ENTIRE AGREEMENT |
| 14.1 |
The purchaser acknowledges that the terms and conditions of this agreement are the entire agreement between
the parties notwithstanding any negotiations, discussions or representations made prior to or after the placement of your order
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| 15. DEFINITIONS |
| 15.1 |
In this agreement:
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"wines" means all wine products published for sale on our En Primeur website, En Primeur Brochures and any other En Primeur offers.
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"orders" means En Primeur orders taken on our En Primeur website, En Primeur Brochures order forms and any other En Primeur order forms.
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"En Primeur cut-off date" means the cut-off date for placing your En Primeur order in any year and is sometimes referred to as the
campaign closure date. This date shall be 30th June of the year of the offer unless otherwise notified.
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"GST" means goods and services tax, payable on your En Primeur order and is included in the second payment invoice amount.
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"late payment interest rate" means 1.5% per month compounding.
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"Suppliers" means the chateaux, vignerons, negotiants and shippers and their agents who offer and supply the En Primeur wines to Glengarry
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"Glengarry" means Glengarry Wines, the retail trading entity of Glengarry Wines Ltd, also referred to as "us", "we" or "our". |
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"Customer" means the person or entity making the order and shall be the person liable for the order and purchase
and shall include the person placing the order whether that person is acting on behalf of a company, trust or any
other person or entity. Also referred to as "you", "your" and "purchaser"
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"Wish List" means the list of Wines a customer wishes to purchase from Glengarry by En Primeur which the customer
submits or enters on the Website or by any other means to Glengarry.
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"Computer error" means a data entry error into our computer system that is released onto a live website
or transmitted to customers by other means such as brochures, letters, emails or Faxes.
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