1.1 By purchasing adopt a vine you agree to the following terms and conditions. Whitehall Vineyard will lease certain vines to you in return for payment to adopt.
1.2 You will receive one bottle of wine when adopting one vine per year. This will need to be renewed by yourself once one the year is complete. You will receive five bottles of wine when adopting 5 vines per year.
1.3 Whitehall Vineyard will take responsibility for the preparation and management of the vines and the harvest of the grapes on the terms of this Agreement.
2.1 Whitehall Vineyard lets the Vines to You for the Term.
2.2 At the end of the Term You shall have no further rights to the Vines or any grapes produced from them after that time.
3.1 Whitehall Vineyard grants You the following rights (the Rights) in relation to the Vines:
3.1.1 The right to take part in the harvest of the grapes on the vines, prepared and in line with Whitehall vineyards procedures and health & safety regulations;
3.1.2. The right to receive the wine produced from the grapes grown on the vines at a rate of one bottle for every vine leased.
3.1.3. The right to attend the vineyard for a tour, for one day per year for one person, details of which you can arrange with Whitehall Vineyard. When adopting five vines you are entitled to a group visit to the vineyard of up to five persons.
3.1.4. The right to attend the vineyard to assist with the nurturing and harvesting of the Vines; agreed by Whitehall Vineyard.
3.2 During the Term You will also receive a quarterly newsletter, a certificate of adoption, and 10% off the full retail price of all wines purchased by you from our website whitehallvineyard.co.uk
3.3 In the event that Whitehall Vineyard fails to produce sufficient grapes from the vine/s you have adopted then Whitehall vineyard shall supply an additional bottle of wine produced from the Vineyard to ensure you receive the correct annual entitlement. Whitehall Vineyard shall be responsible for any duty payable on such additional bottles of wine.
3.4 Except as mentioned in this clause 3 neither this Agreement nor anything in it confers any right over the Vineyard or any other property nor is to be taken to show that the Lessee may have any right over any other part of the Vineyard or any other property, and section 62 of the Law of Property Act 1925 does not apply to this Agreement.
4.1 In consideration for the Fee, Whitehall Vineyard shall:
4.1.1 provide on-going vine maintenance services (including trelliswork, wires, posts, pruning, tying and spraying) to You in relation to the Vines;
4.1.2 ensure the provision of picking and delivering any grapes grown on the Vines at each harvest to the winery;
4.1.3 accept all grapes (of sufficient quality) for vinification;
4.1.4 produce such wine (as Whitehall Vineyard may reasonably decide) from the grapes and bottle such wine;
4.1.5 label all bottles in line with Whitehall Vineyards branding and Marketing procedures.
5.1 Whitehall Vineyard shall, acting reasonably, have the sole right to decide which of the grapes grown on the Vines are suitable to be used for producing wine after each harvest.
5.2 Any decision made in accordance with clause 5.1 shall be made having regard to the following factors, frost damage, acidity, sugar levels, fungus growth.
6.1 All wine produced for you by Whitehall Vineyard in accordance with the terms of this Agreement must be collected by you from the Vineyard or alternatively can be delivered to you at your expense;
6.2 Any wine that is not collected by you from the Vineyard within 30 days of Whitehall Vineyard notifying you that it is available for collection will be stored by Whitehall Vineyard at a cost of £2 per case per month or part month;
7.1 You hereby acknowledge that:
7.1.1 Whitehall Vineyard retains all the property rights in and ownership of the land on which the Vines are planted other than the right to the produce of the Vines;
7.1.2 You have no right to damage or destroy any of the Vines or any trelliswork and wires; and
7.1.3 All wine produced from the Vines is for your own personal consumption (you may gift the wine for no consideration in return).
8.1 You shall not make any application to note this Agreement on Whitehall Vineyard’s registered title.
8.2 You shall not assign, underlet, charge, part with or share possession or share occupation of this Agreement or the Vines or hold this Agreement on trust for any person nor grant any right or licence over the Vines in favour of any third party.
9.1 Except in a case of emergency, any notice given pursuant to this Agreement shall, unless otherwise stated, be in writing.
9.2 In the event that You change your address You shall notify Whitehall Vineyard of such change of address within 14 days of such change, Whitehall Vineyard will have no responsibility for any failure to notify You of any matters under this Agreement in the event that You fail to notify Whitehall Vineyard of any change.
10.1 This Agreement constitutes the entire agreement and understanding of You and Whitehall Vineyard relating to the transaction contemplated by the grant of this Agreement and supersedes any previous agreement or understanding between them relating to it.
10.2 You acknowledge that in entering into this Agreement You have not relied on, nor shall You have any remedy in respect of, any statement or representation made by or on behalf of Whitehall Vineyard.
11.1 This Agreement will terminate at the end of the Term unless terminated sooner in accordance with clause 11.2 or 11.3.
11.2 Whitehall Vineyard may terminate this Agreement with immediate effect in the event that any sums which are due under this Agreement have not been paid.
11.3 Whitehall Vineyard may terminate this Agreement at any time by giving You not less than 3 months’ written notice. In the event of such termination, a proportion of the Rent and the Fee which relates to the remainder of the Term shall be repayable to You within 1 month of the termination.
12.1 The definitions and rules of interpretation set out in this clause apply to this Agreement.
Vineyard: the vineyard owned by Whitehall Vineyard part of Whitehall Garden Centre Ltd at Lacock in Wiltshire UK;
12.2 A reference to this Agreement, except a reference to the date of this Agreement, is a reference to this deed and any deed, licence, consent, approval or other instrument supplemental to it.
12.3 A reference to the end of the Term is to the end of the Term however it ends.
12.4 Unless otherwise specified, a reference to a law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application or re-enactment and includes any subordinate laws for the time being in force made under it.
12.5 Any obligation in this Agreement on the Lessee not to do something includes an obligation not to agree to or suffer that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.