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Terms & Conditions
 
The following Terms & Conditions are effective as of 11/07/2006.
These Terms & Conditions supercede all prior Australian Wine Index (S) Pte Ltd Terms & Conditions (Revised, 11/07/2006)

1. Definition
1.1 In this Agreement the following words and expressions shall where the context so admits have the following meanings:
"AWI" means Australian Wine Index (Singapore) Pte Ltd, a Company incorporated in Singapore.
"Customer" means the person or company, as the case may be, designated as the customer in the Order Form.
"Designated Warehouse" means the warehouse as may be designated by AWI from time to time.
"Goods" means the wine, spirit, and alcoholic and non-alcoholic beverages as set out in the Purchase Details of the Order Form.
"Joint Account Holder" means the person or company, as the case may be, designated as the joint account holder in the joint account application form.
"Order Form" means the written confirmation of the order as provided in Clause 2.2 herein.
"Order" means the placement of the order for all types of wine, spirit, and alcoholic and non-alcoholic beverages made by the Customer with AWI and accepted by AWI.

2. Placement of Order
2.1 An order can be made by whatever means with an authorised a representative of AWI.
2.2 AWI reserves the right to reject or amend any order made in its absolute discretion. Receipt of any order by AWI is not effective until it is confirmed and accepted in writing by AWI to the Customer.
2.3 Subject to Clause 2.5, no Order which has been accepted by AWI may be cancelled by the Customer.
2.4 AWI's employees or agents are not authorised to make any representations concerning the Goods unless such representations are confirmed by AWI in writing. The Customer shall at all times not rely on any representations by AWI's employees or agents unless such representations have been confirmed in writing by AWI.

3. Price and Payment
3.1 Payment by the Customer shall include all or any taxes (including but not limited to prevailing GST rates), levies, duties or expenses payable by the Customer for the Order.
3.2 Subject to Clause 3.4, the price of the Order shall be the price as stated in the Order Form.
3.3 Payment for the Goods shall be made by the method designated by AWI.
3.4 AWI reserves the right, by giving notice to the Customer at any time before delivery of the Goods, to increase the price of the Order to reflect any increase in the cost to AWI which is due to any factor beyond the control of AWI (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of transportation), any change in delivery dates, quantities or specifications for the Order which is requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give AWI adequate information or instructions.

4. Delivery and Storage
4.1 Except as otherwise provided in the Order Form, and unless otherwise agreed in writing between the Customer and AWI, all prices are given by AWI shall include:
4.1.1 Storage of the Goods for 3 years in a warehouse designated by AWI commencing from entry into storage of the Goods in the designated warehouse;
4.1.2 Insurance for 3 years for the total value of the Goods; and
4.1.3 Packing and delivery of Goods from the country of origin to Singapore to the warehouse designated by AWI.
4.2 The Customer may collect the Goods from the warehouse at any time after AWI has notified the Customer that the Goods are ready for collection.
4.3 In the event the Customer collects the Good from the designated warehouse before the storage period expires, there shall be no refund of any unutilised portion of storage, insurance or such other cost and expense as provided to the Customer herein.
4.4 Any delivery date specified by AWI for delivery of the Goods are only approximate only, and AWI shall not be liable for any delay in the delivery of the Goods. Time for delivery shall not be of the essence of the contract unless previously agreed by AWI in writing. The Goods may be delivered by AWI in advance of the delivery date specified, upon giving reasonable notice to the Customer.
4.5 Notwithstanding anything contained in these terms and conditions, AWI's liability in respect of the delivery of the Goods shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
4.6 If the Customer fails to take delivery of the Goods or fails to give AWI adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of AWI's fault) then, without prejudice to any other right or remedy available to AWI, AWI may:
4.6.1 Store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage; or
4.6.2 Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Agreement or charge the Customer for any shortfall below the price under the Agreement.
4.7 Any advice or recommendation given by AWI or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by AWI is followed or acted upon entirely at the Customer's own risk, and accordingly AWI shall not be liable for any such advice or recommendation which is not so confirmed.

5. Order Withdrawal
5.1 The Customer shall be required to fill up an order withdrawal form and/or a letter of authority if the Customer wishes to withdraw the Customer's Goods from the warehouse and the Customer shall forward the form and/or the letter of authority to the Wines & Spirit Department at CWT Limited via fax or email.
5.2 The Customer shall be required to fill up the letter of authority if the Customer is not collecting/receiving the Goods in person. The Customer shall provide the full particulars of the authorised person collecting/receiving the Goods on the Customer's behalf.
5.3 CWT Limited shall inform the Customer of the delivery charges and the Customer shall be required to pay for all the charges, which includes the duty and taxes incurred as a result of the withdrawal of the Customer's Goods.
5.4 The Customer who establishes an account with AWI shall automatically be authorised to make withdrawal of the Customer's Goods. As for joint account holders, either one of the joint account holders or both the joint account holders shall be authorised to make withdrawal of their Goods.
5.5 The Customer shall give CWT Limited at least 24 hours to process the order for withdrawal.
5.6 The Customer shall present the original identification documents upon the delivery or collection of the Goods from the warehouse.
5.7 If the Goods are received/collected by the person authorised to collect/receive the Goods on the Customer's behalf as provided in the letter of authority, the original identification documents of the authorised person must be presented together with the copy of the identification documents of the Customer upon the delivery or collection of the Goods from the warehouse for verification and security reasons.
5.8 The Customer shall provide AWI with his/her full particulars such as name as per NRIC/passport, NRIC/Passport number, address, contact number, email address and a sample of the Customer's signature according to the Customer's signed order form, and AWI shall forward the Customer's particulars to CWT Limited for their record purposes.

6. Joint account
6.1 The Customer shall provide full details of the joint account holder in the Joint Account Application Form.
6.2 The Customer and the joint account holder shall be jointly and severally liable to AWI for each of the joint account holder's obligations stipulated under this Agreement.

7. Risk and Warranty
7.1 Risk of damage to or loss of the Goods shall pass to the Customer:
7.1.1 In the case of Goods to be delivered to the designated warehouse, at the time when AWI notifies the Customer that the Goods are available for collection; or
7.1.2 In the case of Goods to be delivered otherwise than at the designated warehouse, at the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when AWI has tendered delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these terms and conditions, the property in the Goods shall not pass to the Customer until AWI has received payment in full for the Goods and all other goods agreed to be sold by AWI to the Customer for which payment is due.
7.3 Until such time as the property in the Goods passes to the Customer (and provided that the Goods are still in existence and have not been resold), AWI shall be entitled at any time to require the Customer to deliver up the Goods to AWI and, if the Customer fails to do so forthwith, AWI shall enter any premises of the Customer or any third party where the Goods are stored and repossess the Goods.
7.4 AWI does not warrant:
7.4.1 The quality, fitness for drinking, use or purpose or freedom from defect or deterioration of the Goods, either at the time of delivery or deemed delivery or at the time of collection by the Customer.
7.4.2 The market value or appreciation in value of the Goods; or
7.4.3 That the Goods comply with any description of the Goods in any marketing materials or packaging or the information on any label or that the Goods comply with any sample.
7.5 AWI shall not in any circumstances be liable for any indirect or consequential loss or damage arising from wastage, spoilage or the deterioration of any Goods, the loss of market for the Goods, decline in the value of any Goods or for the damages arising from or attributable to any cause. AWI shall not in any circumstances be liable or obliged to repurchase the Goods or to effect any future sale of the Goods.

8. Force Majeure
8.1 AWI shall not be liable to the Customer or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of AWI's obligations in relation to the Goods, if the delay or failure was due to any cause beyond AWI's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond AWI's reasonable control:
8.1.1 Act of God, explosion, flood, tempest, fire or accident;
8.1.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
8.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
8.1.4 Import or export regulations or embargoes; and
8.1.5 Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of AWI or of a third party).

9. Governing Law and Jurisdiction
9.1 This Agreement and these terms of sale shall be construed in accordance with and governed in all respects by the laws of Singapore and the parties hereto agree to submit, subject to recourse to arbitration as herein provided, to the non-exclusive jurisdiction of the courts of Singapore.

10. Contracts (Rights of Third Parties) Act (Cap. 53B)
10.1 Unless otherwise expressly stated herein, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement.

11. General Provisions
11.1 The clause and paragraph headings in this Agreement are for ease of reference only and shall not be taken into account in the construction or interpretation of any covenant, condition or provision to which they refer.
11.2 Words in this Agreement importing the singular meaning shall where the context so admits include the plural meaning and vice versa.
11.3 References in this Agreement to any statutes or statutory instruments shall include and refer to any statute or statutory instrument amending, consolidating or replacing them respectively from time to time and for the time being in force.
11.4 Words in this Agreement for the masculine gender shall include the feminine and neuter genders and vice versa and words denoting natural persons shall include corporations and firms and all such words shall be construed interchangeably in that manner.
11.5 Where two or more persons are included in the term Customer all covenants, agreements, terms, conditions and restrictions shall be binding on and applicable to them jointly and each of them severally, and shall also be binding on and applicable to their personal representatives and permitted assigns respectively jointly and severally. 11.6 No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and AWI. Notwithstanding the foregoing, if any of these terms and conditions are not valid or legally enforceable, the other terms and conditions shall not be affected. AWI may replace any term and conditions that is not legally effective with a similar term and condition that is legally effective.
11.7 This agreement is available in both English and Chinese and in case of discrepancy, the English version shall prevail.
 
 
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