Updated 16th March 2020
VinePro – Vineyard Advisory Service – Terms and conditions
Supplier: Climate Wine Consulting Ltd, trading as Vinescapes
Customer: A customer contract for the supply of VinePro vineyard advisory service annual subscription is deemed to be created upon signing the subscription contract.
The supplier will visit the customer 12 times during the calendar year, following commencement of the contract. Visits will start the month of the contract start date, above, unless documented otherwise.
- Once per month March to August (6 visits)
- Twice during June, September and October (6 visits)
- No visits are anticipated during winter months, December to February
The above schedule can be re-arranged with 4 weeks-notice to the supplier. Half days can also be arranged however additional travel costs will be incurred, at rates provided below. The Supplier will endeavour to arrange for advisory visits to be made at times which are mutually convenient with the customer during normal working hours.
- During each visit the supplier will provide training and advice to the customer tailored to their specific vineyard and needs. This will include all areas of viticulture including best practice recommendations, disease identification and mitigations.
- Viticultural helpline – All members have access to our unbiased advice helpline, where we can help members to understand and resolve any viticultural issues.
- Free initial meeting to assess customers current site and on-going training needs. Our viticultural expert will meet with yourself and team to fully understand your needs and create a tailored plan for the next 12 months.
- Monthly reporting – Following each customer visit our viticultural expert will provide a detailed report of the training provided, recommendations and best practice improvement suggestions.
- Monthly training and industry bulletins – Each month members will receive a bulletin setting out key vineyard considerations for the coming months and industry updates.
- If a weather system has been installed on site, this data will be reviewed to inform the visits and reporting.
- A report will be provided to the customer following each visit documenting the training and advise given.
- Terms and Conditions
- Reasonable usage & restrictions:
- Reasonable usage applies to the above and may be subject to change. ‘Reasonable usage’ is usually considered to equate to 1 day of assistance in the first year, in addition to the 12 days on site, and 5 hours per year thereafter, subject to the discretion of Vinescapes.
- Customer helpline and visits will be during normal office hours: 9-5pm Monday to Friday, excluding bank holidays, unless agreed otherwise with the customer.
- Vinescapes will not provide any equipment or products as part of this service.
- Customer obligations:
- Provide access to the vineyard site at mutually agreed days & times for the monthly visits.
- Any products or equipment required as part of this service will be provided by the customer and will be in good working order. Where equipment is not available, this will not be used within the service, however Vinescapes will provide advice as to the equipment required in advance.
- The Vinescapes Advisory Service will only be provided to the customer and or their employees. A maximum number of 5 people can be included within this service at any one time.
- The cost of all consumables (e.g. oil, fuel) required for the equipment used during the visits will be provided by the client.
- The customer must satisfy themselves that all of their employee health and safety requirements are in order in advance of receiving Vineyard Advisory Services.
- The VinePro – Vineyard Advisory service is £480 per month plus VAT on an annual rolling contract, payable in advance each month.
- Travel to the customers site, if >30 miles from Dorking Surrey, will be charged at £0.45 per mile.
- The price may be revised by the Supplier to cover increased costs at the end of each twelve-month period of this contract, in which case, written notice will be given by the supplier to the customer at least one month before each (annual) anniversary date of this Contract. If such notice is given and advisory visit(s) are carried out thereafter without demur, the customer will be deemed to have accepted the price increase.
- Non-payment of the monthly service will result in early termination of the subscription.
- Early termination
- Cancellation of the above service can be provided by the customer at the end of each calendar month giving 2 months’ notice of cancellation. Cancellation must be provided in writing to the supplier.
- Termination can be provided by the supplier giving 1 months’ notice of cancellation, in writing to the customer.
- Cancellation for the supplier and customer can be provided without cause.
- Liability and other provisions
- The Supplier shall not be liable for the cost of repairing any damage to equipment used or property during the course of this contract, including if caused by accidental or malicious damage, misuse, theft, fire, flood, explosion, terrorism or acts of God or by inspection, adjustments, or the carrying out of everyday “Operator Responsibilities”.
- Indemnity – The Customer shall be responsible for any damage, injury or loss arising out of or in connection with the use of the equipment, if shown to be caused by the neglect, acts or omissions of the customer or persons authorised by the customer.
- The Supplier carries Public Liability cover to the extent of one million pounds (£1,000,000). It is accordingly agreed that all and any liability on the part of the supplier under this contract is limited to this said amount. Should the customer require higher cover, the supplier reserves the right to add the additional cost of insurance cover required to the price.
- The Supplier will supply, upon request, full details of its staff who will, unless otherwise agreed, be attending the user’s premises to enable individual security clearance to be granted, if required.
- The Supplier is registered for Value Added Tax purposes
- Invoices issued by the Supplier for the monthly premium hereof will be raised in advance of the visit and are, in any event, payable at least 3 clear working days in advance of advisory visits. The supplier reserves the right not to attend if invoice(s) are unpaid by the due date.
- Invoices for services and goods not covered by this Advisory Contract will be raised within seven working days of completion thereof and are payable within 30 days.
- a) Any queries regarding invoices presented, must be made in writing, within seven days of receipt thereof.
- b) If services are wholly or partly performed notwithstanding non-payment, or late payment, all unpaid invoices raised pursuant to this contract will carry an interest charge of 2% per month calculated from the date when the work is done. Should the supplier deem it reasonably necessary for it to take any steps to enforce payment, whether by itself or by an agent or solicitor, the customer agrees to reimburse the supplier all such costs and disbursements as incurred by the supplier on the indemnity basis, in addition to the price and interest.
- The Supplier shall perform its obligations hereunder in a workmanlike manner but shall not be responsible for any direct or indirect loss to the business through non-performance.
- The parties agree and declare that for the purpose of all legislation and Statutory Instruments relating to the sale of goods and services under English Law, this contract is a “business to business” agreement. Accordingly, terms and conditions implied into Consumer contracts (for the protection of a Consumer – as defined by law) do not apply to this contract.
- No variation of these Terms and Conditions shall be binding upon the parties unless agreed in writing and signed by both the Supplier and the Customer.
- This agreement shall be governed by and be interpreted according to the laws of England and Wales and all disputes if any arising under this agreement shall be subject to the exclusive jurisdiction of the courts of England Wales.
- Force Majeure: Non-fulfilment of contract by the supplier. If the supplier cannot fulfil the terms of this agreement due to uncontrollable acts, not caused nor controlled by humans, including but not limited to viruses, the supplier has the right to provide the customer with a refund for the services not provided and terminate the contract. If a visit to the vineyard is not possible due to people movement restrictions, Vinescapes have the right to provide this information via virtual methods.
- Standard Climate Wine Consulting Ltd. terms and conditions of supply also apply to VinePro.
- Reasonable usage & restrictions: