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Insurance for all Mobile Services |

These Terms and Conditions form part of the agreements to provide our Services to your Winery.

 

Armourtech (NZ) Ltd is to carry Product and Public Liability Insurance with the inclusion of cover of not less than $500,000.00 for losses to the product while being processed. Armourtech (NZ) Ltd also carries Public Liability cover of $2.0 million dollars. Armourtech (NZ) Ltd’s liability is limited to the value at the time of the loss of the product being processed. The value is to be calculated as the value of the grapes plus any winery overheads that have been incurred up to the time of the loss, less any salvage that may be applicable. Vintech Pacific accepts no liability for any loss of profit, marketing costs, loss of markets, excise taxes, or any other consequential losses.

 

RISK OF LOSS

 

Armourtech (NZ) Ltd will not insure The Client’s wine for any loss, damage or destruction from any cause whatsoever and shall not be responsible for any loss, damage or destruction to such wine from any cause whatsoever except for loss, damage or destruction that is caused solely by the negligence of Armourtech (NZ) Ltd and its employees. The Client agrees and acknowledges that Armourtech (NZ) Ltd’s equipment may be in operation 24 hours per day but may not be continuously attended by Armourtech (NZ) Ltd personnel. Armourtech (NZ) Ltd specifically advises The Client that risk of loss, damage or destruction pursuant to this paragraph shall remain with The Client whether or not occurring when Armourtech (NZ) Ltd’s equipment is attended by Armourtech (NZ) Ltd personnel. The parties agree that the fact that Armourtech (NZ) Ltd’s equipment is not continuously attended shall not, in itself, be considered a cause of loss, damage or destruction.

 

The Client agrees that it has obtained or shall obtain, at its own expense, any insurance it deems desirable on the wine to be processed under this Agreement.

 

The Client understands, agrees and acknowledges that loss, damage or destruction of wine that is a result of equipment failure provided by The Client shall be solely at The Client’s risk and expense and that Armourtech (NZ) Ltd does not have any duty to approve maintain or inspect such equipment.

 

Notwithstanding the above provisions of this paragraph, Armourtech (NZ) Ltd's liability for loss, damage or destruction of wine shall be limited to the fair market value of the wine as said wine is described in Contract Schedule, prior to processing by Armourtech (NZ) Ltd and shall specifically not include lost profits, loss of market share, lost opportunity or the like.

 

LIABLITY/INDEMNIFICATION

 

Except as provided for elsewhere in this Agreement, The Client agrees to indemnify and hold Armourtech (NZ) Ltd harmless from and against all claims, damages, losses, liability, or expense, including legal fees, arising during or from Armourtech (NZ) Ltd’s processing of The Client’s wine.

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