The Terms and Conditions in this Agreement form a contract in relation to the provision of storage by Cru London Limited (“Cru UK”) to the client (“Client”). The Client is a person or corporate body that contracts for the storage services provided by Cru UK. The registered address of Cru UK is 26 Red Lion Square, London WC1R 4AG. Cru UK’s company registration is 08560327. Cru UK reserves the right to suspend or terminate the Client’s account if Cru UK has reason to believe that the Client is in breach of any of these Terms and Conditions.
1. STORAGEUnless specified, all storage products “Stock” are stored by Cru UK’s agent Vine International Limited (“Vine”) and are held in a segregated Cru sub-account in the name of the Client. Cru UK pays the storage charges to its agent but acknowledges no claim to legal title of the Stock other than in settlement of balances owed to Cru UK in accordance with clause 2 of this Agreement.
2. PAYMENTStorage fees are charged monthly in arrears for the days Stock was stored in the storage facility. Storage invoices are due on invoice date (any separate credit terms agreed between Cru UK and the Client do not apply to storage charges). Cru UK reserves a lien over the totality of the Client’s Stock in storage for any storage or other charge or money owed by the Client to Cru UK or Cru group companies. Cru UK reserves the right to refuse the release of Client Stock pending receipt of cleared funds to ensure that the Client’s outstanding balance remains below the cost value of Stock held. Cru UK shall be entitled to charge interest on unpaid invoices at 3% per annum over the Bank of England base rate from the date payment was due.
3. ONLINE INTERFACE: CONDITIONS OF USEAll automated communications with the Client shall be via electronic means. Primarily, Cru UK will convey information relating to Stock stored in the storage facility via a website facility (“Website”). Cru UK will undertake all reasonable steps to ensure that the information on the Website is accurate. But it is the Client’s responsibility to check data conveyed via the Website for accuracy on a periodic basis. Cru UK shall not be in breach of this Agreement in the event of failure to make available the Website. Cru UK reserves all rights to withdraw, amend or cancel the Website, with or without notice, and Cru UK shall not be contractually bound to offer any service once it has been withdrawn, amended or cancelled.
4. CLIENT INSTRUCTIONSInstructions from the Client will only be accepted and acted if placed using the secure Website. Instructions can be received by e-mail at Cru UK’s discretion and will be refused if we cannot verify the identity of the instructor. In respect of any instructions for movement of Stock, the following provisions shall apply:
- i) The Client is responsible for the accuracy of all instructions. Cru UK is not be liable for any instructions places in error.
- ii) Instructions shall continue in force until cancelled or superseded.
- iii) The Client is responsible for the security of the instructions and shall take reasonable care to ensure that instructions are secure and that unauthorised access to the Website is prevented.
- iv) Cru UK shall use its reasonable endeavours to act on requests from a Client for cancellation or amendment of such instructions placed via the Website prior to execution, but cannot guarantee to do so.
- v) Where a request has been received via the Website Cru UK will e-mail the Client confirmation of their request. It is the responsibility of the Client to ensure that the details contained within this communication are correct. Should the Client fail to receive the communication it is the Client’s responsibility to advise Cru UK as soon as possible.
- vi) It is the Client’s responsibility to ensure that his electronically held contact details are up to date at all times.
5. RECEIPT OF STOCKCru UK will provide the Client with a confirmation of the landing of Stock into the storage facility via electronic means. It is the responsibility of the Client to ensure that the details contained within this communication are correct. Cru UK will not accept responsibility or financial liability for any incorrect data. Cru UK reserves the right to accept only goods that are accompanied by valid and appropriate documentation. In order to comply with UK Customs requirements, Cru UK may require:
- i) An invoice showing purchase prices for all Stock not purchased from Cru UK. Any wines received without cost price values will be entered at the current market value.
- ii) An invoice to show that all relevant UK taxes have been paid, for duty paid Stock.
- iii) On landing, the Client Stock is inspected by our agent. This check involves: a) a unit count; b) an exterior description check; c) notification of any exterior damage to Stock and d) application of UID label (if required).
- iv) In addition, our agent Vine can make available an “SIB Passport” and photos at an additional charge. Cru UK recommends that all Stock receives an SIB Passport as Cru UK is not liable for any mis-description of Stock without one.