Pebblebed Partner Vineyards Limited
Terms and Conditions for Founders
- Pebblebed Partner Vineyards Limited invites you to participate in a new vineyard project by becoming a Founder (Founder).
- In order to become a Founder, you must pay £2,000 (which includes VAT) to Pebblebed Partner Vineyards Limited.
- On receipt of the Payment a Founder will benefit from the following for the ten year period (Term) from the date on which the Payment is received:
- Six bottles of Pebblebed Partner Vineyard sparkling wine with the Founder’s name on the label each year for ten years (60 bottles in total);
- Regular invitations to working parties to assist with the planting of the vines etc and social events which follow the vineyard year such as pruning and harvest;
- A visit to the Pebblebed Partner Vineyard which will include a tour, a wine tasting as well as lunch at Pebblebed Wine Cellar (or other venue as nominated by Pebblebed Partner Vineyard) each year for ten years for four people (Founder’s Visit) (ten Founder’s Visits in total); and
- A discount of 10% on the recommended retail price for all purchases of Pebblebed wines purchased from the Pebblebed Wine Cellar.
- The six bottles of sparkling wine will be available for collection from the Pebblebed Wine Cellar in Topsham each May (or such other location as advised to a Founder from time to time) until the end of the Term. Once the vines at the Pebblebed Partner Vineyard are sufficiently mature, the intention is that a Founder’s six bottles of sparkling wine will be produced from grapes grown at the Pebblebed Partner Vineyard. However, if this is not possible, the wine will have to come from Pebblebed’s other vineyards or from other English vineyards. It is anticipated that the vines will be planted at the Pebblebed Partner Vineyard in May 2011. The earliest that the vines would produce any grapes would be Autumn 2014. Still wines could then be produced by the Pebblebed Partner Vineyard about six months later and sparkling wines could be produced 18 months later i.e. in May 2016
- A Founder’s Visit each year at the Pebblebed Partner Vineyard must be booked in advance.
- A Founder may only visit the Pebblebed Partner Vineyard for a Founder’s Visit or by invitation of Pebblebed Partner Vineyard Limited.
- A Founder does not need to undertake any physical work – although there will be opportunities to assist at the Pebblebed Partner Vineyard (for example during the harvest of the grapes should a Founder be invited to do so).
- In addition to the Payment of £2,000 referred to above, there may be an additional modest charge for some events (other than the Founder’s Visits).
- Once the Term has come to an end, a Founder’s right to be involved in the Pebblebed Partner Vineyard will cease. There may be opportunities for a Founder’s involvement to continue but there is no obligation on either the Founder or Pebblebed Partner Vineyard Limited to do so.
- A Founder will have no rights over Pebblebed Partner Vineyard Limited or its assets or any other Pebblebed vineyards or assets.
- A Founder can assign the benefit of this agreement to anyone he or she chooses provided that Pebblebed Partner Vineyard Limited gives its consent in writing.
- Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between Pebblebed Partner Vineyard Limited and a Founder, constitute any Founder the agent of Pebblebed Partner Vineyard Limited, nor authorise any Founder to make or enter into any commitments for or on behalf of Pebblebed Partner Vineyard Limited.
- Subject to clause 15, Pebblebed Partner Vineyard Limited accepts no liability for any loss or damage to a Founder or a Founder’s property or to a Founder’s guest or to a Founder’s guest’s property.
- Subject to paragraph 15, if either of us fails to comply with these terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these terms.
- Pebblebed Partner Vineyard Limited’s total liability to a Founder in respect of all losses arising under or in connection with these terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the Payment.
This clause does not include or limit in any way our liability for:
- Death or personal injury caused by our negligence; or
- Fraud or fraudulent misrepresentation; or
- Losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
- Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- Whilst the physically impaired are welcome, Pebblebed Partner Vineyard Limited visits may present difficulties for the physically impaired. Pebblebed Partner Vineyard Limited are committed to ensuring that less able Founders are given every opportunity to participate, so please let us know of any disabilities when you apply to become a Founders.
- ‘Pebblebed’ is a registered trademark and a Founder is not able to use the ‘Pebblebed’ trademark.
|
|
|
|
|
|
