1. Interpretation

In these conditions the following meanings:

“PWC” means Pacific Wine Chambers and/or its agents.

“Customer” means the person contracting with PWC to provide the Services (as defined below). Whether or not he is the owner of the Bottles or merely has possession of them.

“Bottles” includes all bottles of wines or any of them whether stored in case or not.

“Cases” means any or all of the cases or other containers containing Bottles.

“Wine” Shall refer to the Bottles and/or cases.

“Month” means a calendar month.

Appointment: The Customer hereby engages PWC who hereby agrees to provide wine storage, retrieval, packaging, collection, delivery and other handling services (“Services”) at the charges for each of the Services as published by PWC from time to time (“Charges”).

2. Termination

Unless otherwise agreed between the parties, the services shall continue until notice of termination in writing is given by one party to the other. PWC reserved the final right of the termination under any circumstances.

3. Minimum Storage Charge

The Charges for storage of Wine is calculated on a yearly basis. No refund or credit will be given if the Wine is retrieved by a Customer during the course of a year. New Invoices of wine renewal will be sending to the Customer at the beginning of the month at next year.

4. Payment

All Charges are due upon the presentation of the relevant invoices to the Customer and if the Customer fails to pay any sum payable within 14 days after the payment is due, PWC shall be entitled to charge interest at 2% per month for any overdue Charges payable by the Customer from due date to actual payment.

5. Lien

PWC shall have a lien over the Wine for any overdue Charges. PWC may refuse to release the Wine stored by the Customer if there are overdue Charges. For the avoidance of doubt, the usual Charges for the storage of the Wine shall continue to accrue when they are being kept by PWC in exercise of its lien for any overdue Charges. If any Charges and/or interest remain overdue for over 6 months after the same has been demanded in writing, PWC shall be entitled at its discretion to sell (by public auction or private treaty) or otherwise depose of the wine without further notice to the Customer and apply the sale proceeds (if any) to pay such outstanding Charges and interest.

6. Conditions

PWC gives no warranty as to the quality and fitness of the packaging material provided or used. Unless otherwise specifically agreed in writing, PWC may vary, without being obliged to inform the Customer, the location, facilities, methods and/or conditions of rendering the Services which may be provided by itself, its servants, associates, agents and/or sub-contractors.

7. Records

The records of PWC in respect of the Services provided and the Charges and payment therefore and the location and disposal of the Wine shall final and conclusive for all purposes and the Customer agrees not to challenge or in any way dispute the contents of such records.

8. Surrender

The Customer shall not store in the Bottles or the Cases any item which is or may be unlawful, illegal or dangerous. PWC may without notice or liability to the Customer surrender the Bottles and/or the Cases to any governmental authorities upon request or demand or to any other party pursuant to any court order. PWC shall not in any way be liable or responsible to the Customer for any loss or damage which may be suffered or sustained by the Customer arising there from and the Customer shall fully indemnify PWC against all actions proceedings claims and demands of whatever nature by whomsoever relating thereto.

9.1 Limited Liability

Except to the extent that any loss or damage to the Customer is incurred due to or arising from the willful default of PWC, its employees or agents, PWC shall not in any circumstances be liable and otherwise responsible for any direct, indirect or consequential loss damage to the Customer or any third party for:

    (a)   Any loss, damage, deterioration, misplacement, destruction, late delivery or non-delivery or unavailability of or to any Bottles or Cases deposited and stored with the Company by its Customer howsoever causes: or

    (b)   Any breach of any confidentiality although PWC will use all reasonable endeavours to maintain adequate security designed to protect the confidentially of the Bottles or Cases stored by it; or

    (c)   Permitting access to the Bottles or Cases to a person who is, or reasonably appears to be, an authorized person by virtue of the similarity of the signature provided by such person to the specimen signature of the authorized person.

9.2

For the avoidance of doubt and without prejudice to the generality of the foregoing, PWC shall not be liable howsoever for any loss or damage to the Customer or any third party arising from or as a result of events including but not limited to the following:

    (a)   Strike, lock-out and/or civil commotion;

    (b)   War, war-like or hostile actions;

    (c)   Any government action or intervention;

    (d)   Sudden change in political situations preventing previous and prevailing normal and usual practice in trading; and

    (e)   Act of God

9.3

The Customer acknowledges that PWC will not be able to verify the nature, value and contents of items (if any) contained in each Bottle and/or Case deposited and stored with PWC from time to time and, subject to sub-paragraphs 10.1 and 10.2 above, the liability of PWC for any loss of or damage to any Bottle or Case payable to the Customer shall be limited to the insurance coverage arranged by PWC and subject to limits, terms, conditions and exclusions of that insurance policy. The storage fee includes only up to HK$1,000 insurance coverage.

10 Notice of Claim

The Customer shall notify PWC in writing within 14 days after it has or should reasonably have known of such cause of claim otherwise the Company shall not be liable therefore.

11 No Refund Policy

The Charges for the Service is payable immediately upon signing of an Order Confirmation. PWC maintains a “no refund” policy unless PWC fails to provide the services or goods ordered by the Customer.

12 Collection and Delivery

PWC will record the details of Wine collected from the Customer. All discrepancies and/or damages discovered will be marked and signed by the Customer and PWC. PWC will report to the Customer all discrepancies between the Wine collected and the order Confirmation within 7 days after collection. In the case of any dispute, the records of PWC prepared when the Wine is collected shall be final and conclusive.

13 Data Privacy Policy

From time to time, the Company collects from the Customer data which will be used in connection with the provision of the Services to the Customer. The Customer agrees that these data may be used for business administration and direct marketing purposes by the Company and its associated companies. The person to whom requests for access to data or correction of data or policies and practices and kinds of data held and to restrict the use of data are to be addressed is the Company