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We understand the importance of protecting both our clients and ourselves from the unforeseen when working with us. Therefore, Vintech Pacific carry Product Liability Insurance to a value of $1 million with an additional $5 million of Public Liability Insurance.
These Terms and Conditions form part of the agreements to provide our Services to your Winery.
Vintech Pacific Ltd is to carry Product and Public Liability Insurance with the inclusion of cover of not less than $1 million for losses to the product while being processed. Vintech Pacific Ltd also carries Public Liability cover of $5 million. Vintech Pacific Ltd’s liability is limited to the value at the time of the loss of the product being processed. The value is to be calculated as the value of the grapes, fruit, juice and/or wine, plus any winery overheads that have been incurred up to the time of the loss, less any salvage that may be applicable. Vintech Pacific Ltd accepts no liability for any loss of profit, marketing costs, loss of markets, excise taxes, or any other consequential losses, or indirect losses, or any and all other losses that may arise as a consequence from a service being performed by Vintech Pacific Limited.
Risk of Loss
Vintech Pacific Ltd will not insure The Client’s wine for any loss, damage or destruction from any cause whatsoever and shall not be responsible for any loss, damage or destruction to such wine from any cause whatsoever except for loss, damage or destruction that is caused solely by the negligence of Vintech Pacific Ltd and its employees. The Client agrees and acknowledges that Vintech Pacific Ltd’s equipment may be in operation 24 hours per day but may not be continuously attended by Vintech Pacific Ltd personnel. Vintech Pacific Ltd specifically advises The Client that risk of loss, damage or destruction pursuant to this paragraph shall remain with The Client whether or not occurring when Vintech Pacific Ltd’s equipment is attended by Vintech Pacific Ltd personnel. The parties agree that the fact that Vintech Pacific Ltd’s equipment is not continuously attended shall not, in itself, be considered a cause of loss, damage or destruction.
The Client agrees that it has obtained or shall obtain, at its own expense, any insurance it deems desirable on the wine to be processed under this Agreement.
The Client understands, agrees and acknowledges that loss, damage or destruction of wine that is a result of equipment failure provided by The Client shall be solely at The Client’s risk and expense and that Vintech Pacific Ltd does not have any duty to approve maintain or inspect such equipment.
Notwithstanding the above provisions of this paragraph, Vintech Pacific Ltd’s liability for loss, damage or destruction of wine shall be limited to the fair market value of the wine as said wine is described in Contract Schedule, prior to processing by Vintech Pacific Ltd and shall specifically not include lost profits, loss of market share, lost opportunity or the like.
Liability / Indeminification
Except as provided for elsewhere in this Agreement, The Client agrees to indemnify and hold Vintech Pacific Ltd harmless from and against all claims, damages, losses, liability, or expense, including legal fees, arising during or from Vintech Pacific Ltd’s processing of The Client’s wine.