LEGAL DISLCLAIMER. Title to, and ownership of, all alcoholic product passes from The Company to the Customer in the State of Wyoming. The Customer by purchasing product acknowledges that title to and ownership of, all product passes from The Company to the Customer in Wyoming, and that the Customer takes all responsibility for any pickup, storage or ultimate delivery of the alcoholic product to his or her chosen destination.

It’s the Customer’s responsibility to arrange for storage, pickup, or delivery of product. The Company will not deliver alcoholic product to Customer, Customer will make arrangements to facilitate storage, pickup, or delivery. The Customer’s options are to assume responsibility for arranging storage and any delivery of product and that it will make arrangements to facilitate delivery.

Sales tax will be applied based on The Company’s location. The Company makes no representation as to the legal rights of anyone to deliver or import any alcoholic beverages or other goods into any state. Certain jurisdictions may impose restrictions on transporting or importing alcoholic beverages into the state or may require disclosure or permitting, The Company assumes no obligation or responsibility for state legal requirements.

All Customers are strongly advised to investigate the specific requirements to determine the manner in which alcoholic beverages shall be brought into their state, so as to comply with all local and state regulations.

The Customer is solely responsible for the storage and delivery of alcoholic products/or other goods purchased and for determining the legality and the tax/duty consequences of having the alcoholic products and other goods shipped to the applicable destination. Customer represents that they are not intentionally or knowingly violating any state and local laws or regulations which pertain to this Agreement.

Customer also represents that it is not purchasing product for resale and product purchase must be for personal use or bought on behalf of another for personal use.

You must be 21 to Purchase Alcohol

Alcoholic beverages may only be sold to persons who are at least 21 years old and the person to whom delivery will be made is at least 21 years old.

Customer warrants that he/she is at least 21 years of age and is purchasing alcohol for personal use

By submitting your order electronically, you are signing that you have read and understand the above conditions.

Limitation on Liability 

The Company shall not be held liable for any misrepresentations made by Customer and Customer agrees to defend, indemnify and hold Company harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Party of the Customer due to seller’s misrepresentations..

WARNING

Drinking distilled spirits, beer, coolers, alcoholic products and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to: www.P65Warnings.ca.gov/alcohol.

According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. 

1.                    APPLICATION.  These Terms and Conditions set forth the general terms and conditions for the Agreement between the Customer and The Company, and the terms of these Terms and Conditions shall be deemed incorporated into any transaction between The Company and the Customer, without the need to physically attach these Terms and Conditions or reiterate them in electronic format via email or other electronic communications.  These Terms and Conditions constitute the governing agreement between the Customer and The Company and supersede all other oral or written representations, understandings or agreements on the subject matter thereof.  These Terms and Conditions may be modified by Company from time to time and a revised copy shall be available to any Customer that utilizes The Company’s services and shall be available on The Company’s website. In the event Customer neither acknowledges nor objects to the Terms and Conditions, the revised Terms and Conditions shall govern; otherwise, in the event of any conflict between these Terms and Conditions and any other agreement between Customer and The Company, these Terms and Conditions shall govern.  No release from any of these Terms and Conditions shall be binding unless agreed to in writing by the parties which writing specifically refers to the applicable provision(s) of these Terms and Conditions to be released.

2.                    STORAGE.  The Company shall store beer, spirits or wine and/or other alcoholic beverages, (collectively, the “Customer’s Product”), that the Customer wishes to store at The Company’s storage facility.

(a)      General Storage. The Company agrees to hold Customer’s Product in The Company’s holding facility for a period of up to five (5) days and to notify the Customer. If, after 5 days, the Customer has not moved the delivered items from the holding area, The Company can repack all non-standard or Styrofoam shipping boxes into a Case Equivalent (as defined below). The labor to repack any box and the cost of the new boxes will be paid by the Customer at The Company’s current rate for each.

(b)     Case Equivalent.  For purposes hereof, a “Case Equivalent” means the space required to store a standard 750 mL repack box measuring no larger than 14 inches (L) x 11 inches (W) x 13 inches (H) and constructed of corrugated cardboard, wood or similar material.  Bottles of the Customer’s Wine or Spirits larger than 750 ml shall be stored in appropriately sized boxes in such a manner that they are completely and safely covered and contained.  All Styrofoam shipping boxes will be repacked into a Case Equivalent box. The Company shall also have the right to repack any of Customer’s Product that is stored in boxes or containers that The Company deems, in its sole discretion, to be compromised, deteriorated, not intended for long term storage, or otherwise unsafe to staff or property at The Company’s facility.  The labor to repack any boxes and the cost of the new boxes will be paid by the Customer at The Company’s current rate for each.

 

3.                    TITLE AND INSPECTION.  Title to the Customer’s Product shall remain vested in the Customer at all times during the term of this Agreement.  Nothing in this Agreement shall be considered as constituting a sale of the Customer’s Product to The Company, or as giving The Company any interest in the Customer’s Product.  The Company and its agents shall have the rights at all times during the term of this Agreement to examine the Customer’s Product. 

4.                    TERM AND STORAGE CHARGES. 

(a)      ­Right Reserved. Company reserves the right to charge storage fees.

(b)     Weekly Term. If, the Customer has selected a “Weekly Term” option for Commercial Storage, then with respect to such option(s): (i) the Initial Term of this Agreement shall be one week, commencing on the Effective Date, (ii) the Customer can pay to the Company the applicable Weekly Storage Charge(s) owed in full upon execution of this Agreement.  So long as the Customer’s Product is still held on the first day after the Initial Term or any subsequent Renewal Term, this Agreement shall automatically renew for an additional Renewal Term of one calendar week on these Terms and Conditions. 

(c)      Default Term. If the Customer has selected to have its wine and spirits stored, but does not select a specific term; (i) the Initial Term of this Agreement shall be day to day, (ii) the Customer shall pay to the Company the applicable Daily Storage Charge(s) owed in full upon execution of this Agreement.  So long as the Customer’s Product is still held on the first day after the Initial Term or any subsequent Renewal Term, this Agreement shall automatically renew for an additional Renewal Term, until and unless the Customer directs The Company to deliver its product to the Customer or indicates that it wants to store its Wine and Spirits specific to a fixed term.

(d)     Term.  With respect to any service options selected by Customer, each renewal period described in this Section 4, is a “Renewal Term”; together, the Initial Term and all Renewal Terms are the “Term”; the beginning of any Renewal Term is a “Renewal.”  Notwithstanding anything to the contrary set forth in this Agreement, these Terms and Conditions shall govern the Agreement throughout the Initial Term and any Renewal Term for any service options; provided, however, that, on written notice provided to the Customer not less than seven (7) days prior to the end the Customer’s then-current Term which specifies any applicable changes, (A) the Storage Charge(s) applicable to any subsequent Renewal Term may be adjusted by the Company, and (B) these Terms and Conditions may be amended by the Company, and, in either case, shall be binding on the Customer effective as of the first day of the next Renewal Term applicable to the Customer.

(e)      Storage Charges.  Collectively, the Weekly Storage Charge(s) , and the Daily Storage Charge(s) are the “Storage Charges.” Except as otherwise expressly provided in this Agreement, all Storage Charge payments are non-refundable.  In the event of any Renewal, the Customer shall be invoiced for each Renewal Term not later than seven (7) days prior to the beginning of such Renewal Term, and the Storage Charges for any such Renewal Term are due on the first day of such Renewal Term.

(f)      Term Expiration Fee. If the Customer chooses to terminate this Agreement upon the completion of the Initial Term or Renewal Term (with the exclusion of Monthly Terms), the Customer shall notify The Company prior to the expiration date and remove any remaining beer, wine and spirits stored at the Facility on or before the expiration of the current term. If the Customer has product stored at the Facility beyond the expiration of the term, this Agreement shall automatically renew for an additional Renewal Term.

5.                    LEGAL RESPONSIBILITY.

(a) Title. Title to the Customer’s Product will remain vested in Customer at all times during the performance of any Transit or Storage Services; provided that, where necessary in connection with a company providing the Storage or Transit Services, the company may temporarily take possession of the Customer’s Product or the Customer’s Product may otherwise come under the care, custody and control of the company.

(b) The Destination. The Customer hereby represents and warrants to The Company that, to the best of the Customer’s knowledge, the Destination (as same may be changed from time to time, as described below) is a permissible location for delivery and storage of the Customer’s Product under all applicable laws and regulations. 

(c) Compliance with Laws.  The Customer shall not ship, or direct the Company to ship, any item which shall be in violation of any order or requirement imposed by any Board of Health, Department of Sanitation, Police Department or other governmental agency, or in violation of any other legal requirement.  The Customer agrees to fully comply with all federal, state and local laws regarding the ownership, importation, transportation, labeling, taxation or other use of wine as contemplated by this Agreement.  The Customer hereby represents that it has good title to the Customer’s Product and that there are not legal restrictions relating to the Customer’s right to ship any items with respect to which the Customer engages The Company to perform Transit Services.

                (d) Responsibility for Taxes.  Neither any provision of this Agreement nor any action of The Company constituting Transit or Storage Services hereunder shall release the Customer from any liability for payment of any and all sales taxes, use taxes, duties or similar obligations (nor from its responsibility to make any and all related filings, reports or declarations) associated with the Customer’s Product.

 

6.                    GENERAL PROVISIONS.

 

 

(a)      Use; Compliance with Laws.  The Customer shall use its storage space for the storage of the Customer’s Product. Such storage space will not be used for operation of any business other than the storage of Customer’s Product. The Customer agrees to fully comply with all federal, state and local laws regarding the ownership, transportation, labeling, taxation or other use of the Customer’s Product as contemplated by this Agreement. The Customer hereby represents that it has good title to all stored items and that there are not legal restrictions relating to the Customer’s right to store such items.

(b)     Effective Date.  This Agreement shall become effective as of the date of execution. 

(c)      Termination.  Either party may terminate this Agreement by providing written notice of termination to the other party.  Any termination shall be effective seven (7) days after receipt of such termination notice, subject to subsections (i) and (ii), below.

(i)       If the Customer terminates this Agreement pursuant to a non-renewal of the Term under Section 6, the Customer shall remove any remaining product stored at the Facility on or before the effective date of such termination.  If the Customer terminates this Agreement for any other reason, Customer shall remove any remaining stored items from the Facility within ten (10) days of termination.  All Storage Charges paid by Customer are non-refundable, and Customer shall have no right to a refund by Company of any pre-paid Storage Charges. 

(ii)     If The Company terminates the Agreement for any reason, The Company will ship any Customer’s Product remaining at the Facility, at the Customer’s expense, to the Customer’s last-known address as maintained in the Company’s records, unless Customer otherwise notifies The Company in writing within ten (10) days of Customer’s receipt of The Company’s termination notice.  If The Company terminates the Agreement for any reason, The Company shall refund that proportion of The Customer’s paid Storage Charges equal to the proportion of the Agreement that remains after the date of termination, with such proportions based on a 365-day year. 

(iii)   The termination of this Agreement or any provision hereof shall not affect the rights and obligations of the parties with respect to actions taken or omissions made, or purchases or sales consummated, prior to the effective date of such termination.

 

(d)     Representations and Warranties.  In addition to the representations and warranties elsewhere provided in this Agreement, the Customer herby represents and warrants to The Company that:  (i) the Customer is the legal and beneficial owner of the Customer’s Product or has been authorized by the legal and beneficial owner of the Customer’s Product to enter into this Agreement on such owner’s behalf; and (ii) if other than an individual, the Customer has been duly organized, is in good standing, and has received all requisite organizational authority to enter into this Agreement.  The Company hereby represents and warrants to the Customer that it is duly organized under the laws of the State of Wyoming, is in good standing and has received all requisite organizational authority to enter into this Agreement.

(e)      Entire Agreement; Survival.  This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous statements, representations, warranties, actions, omissions, arrangements, understandings or other agreements of the parties in connection therewith.  In the event of any conflict between the any previous agreement and these Terms and Conditions, the provisions of these Terms and Conditions shall govern.

(f)      Counterparts.  This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all such counterparts shall constitute but one and the same agreement. 

 

(g)     Assignment.  The Customer shall not, without the express prior written consent of The Company, sublet, assign or transfer the rights or obligations under this Agreement or any part thereof.

 

(h)     Successors and Assigns.  This Agreement shall be binding upon each party and their respective permitted successors and permitted assigns and shall inure to the benefit and be enforceable by the other party and its permitted successors and assigns.

(i)      Severability.  In the event that one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision in every other respect, and of the remaining provisions contained herein, shall not be in any way impaired thereby.

 

(j)     Additional Services.  The terms of this Agreement shall apply to any services (in addition to the storage of goods) rendered to the Customer by The Company, including, but not limited to, pick-up and/or delivery of goods, handling, repackaging and inventory, except as otherwise provided in such additional agreement as may be applicable to such services.

(k)      Amendment.  This Agreement shall not be amended or waived, nor shall any consent to any departure by any party from the terms and conditions thereof be effective, unless in a writing signed by or on behalf of each party, except as otherwise provided herein.

 

(l)     Submission to Jurisdiction.  ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT OR ANY DOCUMENT RELATED HERETO MAY BE BROUGHT IN THE COURTS OF THE COUNTY OF TETON, STATE OF WYOMING OR ANY COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF WYOMING AND, BY EXECUTION AND DELIVERY OF THIS AGREEMENT, EACH PARTY HEREBY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE JURISDICTION OF SUCH COURTS.  THE PARTIES IRREVOCABLY WAIVE ANY OBJECTION, INCLUDING ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OF FORUM NON CONVENIENS, WHICH ANY OF THEM MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY SUCH ACTION OR PROCEEDING IN SUCH RESPECTIVE JURISDICTIONS.  EACH PARTY IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OF ANY OF SUCH COURTS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES THEREOF BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO EACH OF THE OTHER PARTIES AT ITS ADDRESS PROVIDED HEREIN, SUCH SERVICE TO BECOME EFFECTIVE 30 DAYS AFTER SUCH MAILING.

(m)      Governing Law.  This Agreement shall be governed and construed in accordance to the laws of the State of Wyoming, without regard to choice of law or conflict rules or laws

By Clicking the box at check out and providing consent, you understand, acknowledge, and agree to the aforementioned terms and conditions.