The supply and sale of Goods by The Whisky Corporation Limited to You, the Customer, is subject to the following Terms and Conditions. You the Customer, in requesting the supply and sale of Goods, irrevocably and unconditionally accept and agree to be bound by these Terms and Conditions. Any variation of these Terms and Conditions shall only not be binding unless agreed in writing by the Company.
These capitalized terms used in the Terms and Conditions have the following meanings:
Company means The Whisky Corporation Limited, a private Hong Kong company limited by shares with company number 1396656.
Confirmation Form means the confirmation to be provided by the Company to the Customer acknowledging the Company’s receipt of the Order Form and acceptance of the offer to purchase the Goods.
Customer or You means the person or entity that purchases the Goods from the Company, as specified on the Order Form.
Goods means such whisky, spirits or other products sold to the Customer by the Company and are stated on the Order Form.
Order means the offer by the Customer to purchase a defined quantity of Goods from the Company at the Price as provided in the Order Form.
Order Form means the document attached to these Terms and Conditions to be signed by the Customer, identifying the Goods to be sold by the Company.
Price means the price paid by the Customer to the Company for the Goods, in Hong Kong Dollars unless otherwise specified. The price quoted by the Company shall include delivery charges, customs duties, bonded warehouse costs and levies, valued-added or sales tax, as applicable.
Terms and Conditions refer to these terms and conditions of sale.
2. ACCEPTANCE OF THE TERMS AND CONDITIONS
The Terms and Conditions govern the sale of the Goods. The Customer accepts such Terms and Conditions when the Customer signs the Order Form attached to these Terms and Conditions. The Company accepts the Customer’s Order and agrees to abide by these Terms and Conditions when it issues the Confirmation Form to the Customer.
The Customer agrees to pay the Price to the Company, either to the bank account number as stated on the Order Form or by cheque to the Company, or by such other payment method as is designated by the Company, when the Customer submits the Order Form.
Until the Price has been paid, the Company shall be entitled to retain possession of all the Goods.
4. TITLE, RISK AND INSURANCE
The Company shall retain title to and in all the Goods until all sums due from the Customer in respect of the Order have been fully paid.
All risk associated with the Goods shall pass to the Customer as soon as they have been delivered to the storage facility or the delivery address designated by the Customer. The Customer shall be responsible for verifying with any such storage facility that the Goods are physically there.
Once the Goods are so delivered, it shall be the Customer’s responsibility to arrange insurance for the Goods.
Delivery arrangements can be made for the Goods to be delivered to any storage facility within Hong Kong. Details of delivery charges, time and availability of the Goods can be obtained from the Company. Alternatively, the Company will notify the Customer once the Goods are available for collection.
The Company shall not be responsible for the removal, shipping or transportation or any other matter involving the Goods once the Goods have passed to the Customer pursuant to Clause 4 above. It is the Customer’s duty to make any arrangements directly with the storage facility.
Any time or date for delivery quoted by the Company is given in good faith, but is at best an estimate only, and it is not a warranty.
The Customer undertakes to inspect all Goods at collection or immediately upon any delivery and to notify the Company or the carrier forthwith of any shortage or damage or other deficiency in the Goods. The Customer will be deemed to have accepted the Goods as satisfying the Order within three days after delivery or collection, and thereafter will not be entitled to reject or return the Goods for any reason.
7. CANCELLATION OF ORDER BY THE COMPANY
If the Goods have not been collected by the Customer within fourteen days of being made available; or the Customer indicates to the Company that the Goods will not be collected, the Company shall be entitled to send written notice to the Customer, indicating the Company’s intention to deal with the Goods, by way of sale. Such a sale is at the sole discretion of the Company, and the Company may change the method of sale without any notice to the Customer.
If the Customer so requests and the Company so agrees in writing, Goods fully paid for by the Customer may be held by the Company for a maximum period of one month if the Goods are physically held by the Company. Otherwise, the Customer’s Goods, if not delivered to the Customer, shall be stored at an independent storage facility at a charge, with customs duty or value added tax if applicable, as determined by the Company at the time when the Order was confirmed. All costs incurred will be forwarded to the Customer.
9. POSSIBLE VALUE-ADDED SERVICES INCIDENTAL AND RELATED TO THE PROVISION of GOODS
When an Order for Goods exists, the Customer may require the Company to provide the following incidental value-added services related to the provision of Goods, for a fee and duration to be determined by the Company and agreed with the Customer.
a) The Company may assign experienced personnel to assist the Customer to develop his/her portfolio of Goods based on either the Customer’s drinking or collecting requirements.
b) The Company may send market updates, portfolio assessments and advice to the Customer.
c) The Company may use its business relationships and networks to assist the Customer to trade with the Goods, but the Company shall have absolute discretion as to whether to act as a broker, or whether to buy back or sell the Goods on the Customer’s behalf. If the Company does sell the Goods as a broker on the Customer’s behalf, the Company shall be entitled to charge and be due a brokerage fee of 10% payable by each of the buyer and the seller of the Goods.
10. LIMITATION OF LIABILITY
The Company shall not be responsible for any claims predicting future values of the Goods purchased and shall not be liable for any loss suffered by the Customer in dealing or trading with the Goods. The Customer will solely bear all risks or losses resulting from the dealing or trading of the Goods.
The period for a Customer to institute any claim for breach of the Terms and Conditions shall be five business days from the date when the relevant Customer becomes aware of the circumstances giving rise to such a claim.
If the Customer wishes to claim against the Company, the Customer must first give notice of the legal action or complaint to the Company, stating expressly the intention to bring a legal action or complaint against the Company and providing the details of the event, including the circumstances which the Customer believes gave rise to the legal action or complaint.
The Customer agrees not to claim against the Company in relation to the Terms and Conditions, whether in tort or contract, if the details of the claim are not provided to the Company within five business days.
Insofar as permitted by law, the Customer agrees that the Customer will not bring any claim against the Company for an amount of less than HK$5,000.
To the maximum extent permitted by law, the Customer agrees that the limit on the claim will be equal to the amount in Hong Kong dollars of the total Price of Goods so purchased. The limitation shall apply regardless of the cause of action or legal theory pleaded or asserted.
11. FORCE MAJEURE
The Company shall not be liable for any failure to meet obligations occasioned by circumstances beyond its reasonable control or beyond its ordinary course of business.
The Market updates, portfolio assessments and any of the literature of the Company provided to You as Customer are or reference purposes only. You expressly agree that You access, use, and rely upon such content at Your own risk.
Please seek the advice of professionals as necessary regarding the evaluation of any content on http://thewhiskycorporation.sg. Past performance of the Company or any particular brand of Goods is not necessarily indicative of future performance and may not guarantee a return. You should not rely on the information from the literature or advice provided by the Company when making decisions on Your investments. You should satisfy Yourself with the accuracy and completeness of literature or advice provided by the Company through Your own independent research.
Forecasts, projections, current and historical whisky Prices, and statements of opinion contained in the document are only statements of presently held beliefs, and do not constitute legal or financial advice of any form. The information on http://thewhiskycorporation.sg is not intended as an offer, or of legal or financial advice. You should seek Your own independent financial and legal advice on all such matters.
To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company shall not be held responsible for any predictions of future values of the Goods purchased and shall not be held liable for any loss suffered by the Customer in dealing or trading with the Goods. You and You alone will bear any risks or losses resulting from investor potential or the public and subsequent dealing or trading of the Goods.
All contracts with the Customer are made pursuant to these Terms and Conditions, which are made under the laws of the Hong Kong Special Administrative Region. The Customer agrees to the exclusive jurisdiction of the Hong Kong Courts.
If any provision of the Terms and Conditions is determined to be invalid or unenforceable, the remainder of the Terms and Conditions shall be unaffected and shall be enforceable against both the Company and any Customers.
Last updated: [6th October 2015]