- Expertise spanning over 170 years
- Closely forged relationships with our producers
- State of the art storage and logistics facilities
Special conditions relating to Cellarage / Private Reserves (Clauses 11-12)
Special Terms and Conditions applicable to Cellarage / Private Reserve
These special conditions supplement the basic terms and conditions and, where applicable supersede same, for the provision of Cellarage Services.
L&W offer a wine storage service in a secure, temperature-controlled, bonded warehouse. Bottles are stored in their original packaging where possible. An inventory is kept against products stored on behalf of Customers at our warehouse.
Wines stored with L&W are subject to annual storage charges which are raised quarterly in arrears for wines physically in Customer Reserves. Current charge rates as set out in the current Services price list. Prices will be pro-rated in respect of entries and withdrawals during a period.
Charges for storage apply only to wines held in the United Kingdom either duty paid or In Bond. Wines purchased En Primeur will become subject to storage charges only upon arrival in L&W’s chosen bonded warehouse in the UK. Customers will be advised upon subsequent shipment and, on arrival, wines will be stored In Bond unless we receive written instructions to the contrary.
Payment of Cellarage: Cellarage payment is due at the time of invoice. L&W requires that all storage customers have a saved method of payment on their account. L&W will automatically charge your designated form of payment at or following the time of invoice.
There will be a minimum charge equal to one full case rate, in respect of storage under the equivalent of one 9-litre case (i.e. under twelve 750ml bottles of equivalent) total.
Insurance: Insurance cover is provided as part of L&W’s Cellarage Service, is included in the storage charge, and is for the market value of the wine as estimated by L&W. In the unlikely event of breakage or loss whilst in L&W's care, a wine will normally be replaced with either the same wine (subject to availability) or a wine of similar quality up to the insured value. L&W accept no liability should replacement stock not be available at the estimated and insured value.
Title: Wine purchased for Cellarage remains the property of L&W until all invoices and outstanding charges are settled. No wines will be released from a Customer’s storage account held with us until all outstanding charges are paid. Title is determined by reference to your Stock Certificate and, in the case of sealed cases, to the Stock Number marked on each case.
Ullages/Condition Loss: While every effort is made to preserve the quality of the stored wine and L&W will take reasonable care in the storage of your wines, no liability will be accepted for deterioration which may occur by being cellared too long or through the natural processes to which all wines and their corks, however well cared for, are subject. Where a maturity date is provided (see clause 11.9 below) L&W will not accept any liability for the condition of the wine after the maturity date has passed.
Maturity and Valuations: L&W will provide advice on the maturity of wines and valuations on the website. Such valuations will be based on a regular review of prices for currently traded wines using the site Liv-ex. Any prices shown are for guidance only and L&W provides no guarantee, and accepts no liability, in relation thereto.
Advice on purchase and resale: While L&W will recommend actions based on its understanding of individual Customers’ requirements and objectives, L&W is not recognised as a financial advisor and no undertakings with regard to investment performance of any wine will be given, or may be implied from any information provided by any employee of L&W. Furthermore, L&W cannot be held liable for unforeseen changes in the value of wines traded on the open market.
In Bond transfers made within the warehouse facility will be undertaken free of charge. Such transfers from our warehouse to another bonded warehouse will be subject to the charges set out in our services price list.
Transfer of ownership requests may attract an administration fee as set out in our services price list.
Products not purchased from L&W may be accepted into Customer’s Reserves and will attract an administration fee as set out in our services price list. L&W however reserves the right to reject wine in instances as when there is a question around the condition thereof, suspected fraud etc.
In the event a case of wine is discovered to have woodworm, L&W will arrange for the case to be either destroyed or returned to the original sender. Such returns will be subject to L&W's standard delivery charges, as set our Services Price List.
Termination
It is the Customer’s obligation to ensure that L&W are in receipt of their current address and delivery of any notification to the last recorded address will be deemed to be proper notification.
L&W may terminate your Cellarage on one (1) month's notice. You agree to collect your Reserves or to supply us with a delivery address (See Services price list for delivery costs) at least three (3) days before the expiry of the notice period, failing which L&W reserves the right to dispose of, by sale or otherwise, your Reserves.
Any cellarage or other charges due will be calculated and are payable on closure of the account.
In the event of non-payment of invoices / failure to instruct upon termination, L&W reserve the right to:
sell part of or all of the Customer's paid Reserves and to deduct from the proceeds the outstanding charges, any costs incurred in the sale and a 12% broking fee; or
take back and incorporate into L&W’s stock, some or all of the Customer’s Reserves and credit against the amount due, a sum which in the reasonable opinion of L&W is the current market value, less 3% administrative cost.
otherwise dispose of the reserves; any costs will be for the Customer’s account (e.g. destruction fees).
In the event of L&W exercising its rights in terms of this clause, L&W reserves the right to select the Customer’s Reserves to be disposed of.
L&W may dispose of the Reserves by way of auction. A list fee will be charged as per our services price list. The listing price will be determined with reference to the Wine-Searcher / Liv-ex price on the listing day, alternatively in the absence of such price, the estimated market price, as determined in the sole discretion of L&W, will be used. L&W reserves the right to accept any reasonable bid for the Reserves and L&W will not be held liable for any market variation in the event that the Reserve are sold below the original value or price paid.
All Reserves held in a Customer’s name will result in the said Customer being the L&W client and thus solely responsible for all payments and for providing all instructions. The Customer, by placing the Reserve into Cellarage is deemed to have entered into the agreement with L&W on these terms and conditions, and hereby indemnifies L&W against all and any liability, loss, expenses or costs arising from any claim whatsoever nature made by any third party claiming title to the Reserves, and incurred by L&W in exercising its right of sale or disposal or refusing to act on such third party’s instructions or otherwise.
In the event of the exercise by L&W of its rights in terms of this clause, the Customer irrevocably authorises L&W in perpetuity, to act as his / her agent to sell the Reserves and agrees that ownership of the Reserve will transfer to L&W or to a purchaser, as the case may be. L&W will not be responsible or liable for any difference in the proceeds of sale or allocated value, had the wine been sold through a third party or valued by a third party.
Monies owing to L&W will be deducted from the disposal proceeds / allocated value and the balance, free of interest, will be paid to the Customer provided L&W are in receipt of the Customer’s current contact details. Where we are not in receipt of current contact details we will hold the disposal proceeds for the customer's benefit for a period of twelve (12) months whereafter the customer will be deemed to have abandoned their property and any disposal proceeds will be forfeited to L&W.
Where the proceeds of the sale / allocation value do not cover the amount due from the Customer, L&W reserves the right to recover the balance from the Customer.
In the event a client whose account is up to date wishes to dispose of wine by requesting it to be destroyed, Lay & Wheeler reserves the right to take back ownership of the wine.
Duty paid stock held at Lay & Wheeler's storage facility
Lay & Wheeler do not guarantee provenance or quality of wine held duty paid by customers with Lay & Wheeler.
Lay & Wheeler accepts no liability if a wine that's been held duty paid is subsequently withdrawn and considered out of condition.
Before a duty paid wine is listed on the Lay & Wheeler Broking List, a condition report must be undertaken at the customer's expense, and express permission from Lay & Wheeler must be granted.
Special Terms and Conditions applicable to casks of spirits
These special conditions supplement the basic terms and conditions and, where applicable supersede same, for the provision of Cellarage Services.
L&W offer storage via third party warehouses in Scotland. Scotch whisky by law must be stored in Scotland.
Casks stored are subject to a flat storage charge which is raised annually for the year ahead. Please see the rates set out in the Services price list.
Payment of Cellarage: Cellarage payment is due at the time of invoice. L&W requires that all storage customers have a saved method of payment on their account. L&W will automatically charge the designated form of payment at or following the time of invoice.
Ullages/Condition Loss: While every effort is made to preserve the quality of the stored wine or spirit and L&W will take reasonable care in the storage of wines and spirits, no liability will be accepted for deterioration which may occur by being cellared too long.
Maturity and Valuations: L&W will provide advice on the maturity of casks and valuations. Such valuations will be based on a regular review of prices for currently traded casks. Any prices given are for guidance only and L&W provides no guarantee, and accepts no liability, in relation thereto.
Advice on purchase and resale: While L&W will recommend actions based on its understanding of individual Customers’ requirements and objectives, L&W is not recognised as a financial advisor and no undertakings with regard to investment performance of any wine or spirit will be given, or may be implied from any information provided by any employee of L&W. Furthermore, L&W cannot be held liable for unforeseen changes in the value of wines or spirits traded on the open market.