In these conditions:

The “Contract” means the contract entered into between the Winery and the Customer and shall be deemed to incorporate these General Conditions of Engagement and all Schedules attached to the Contract.

The “Customer” means the customer on whose behalf wine grapes are to be processed or stored pursuant to this Contract.
The “Winery” means Flying Fish Cove Winery.
The “Winemaker” means the Chief Winemaker for Flying Fish Cove Winery.

1.   The Winery offers wine grape processing and wine storage facilities for the storage of bulk wines and barrels in accordance with the Contract and the scheduled price list.  A Contract is formed upon the Customer and the Winemaker signing the Contract.  The Customer agrees that in the absence of express written instructions from a Customer to the Winery, accepted in writing by the Winery as evidenced by the signature thereon of the Winemaker, the Winery will process the Customer’s estimated quantity of the Customer’s fruit in accordance with the Winery’s normal contract winemaking specifications, which are applicable from time to time. The Customer shall expressly inform the Winery in writing where it requires wine to be made for sale in a foreign jurisdiction.

2.   The grape processing to bottle specification offered in the scheduled price list includes the addition of tartaric acid to a maximum of one (1) gram per litre of white juice or red must, pectolytic enzymes, sulphur dioxide, yeast as selected by the Winery and diammonium phosphate. The basic laboratory analysis included as part of the processing fee is pH, SO2- free and total, baume and titratable acidity. The Winery shall charge for all other analysis and may elect to send such analysis to an external lab at the customer’s expense at cost plus 10 percent. Specialist late addition tannins, grape concentrate, red liquid tannin and other additional processing materials requested or approved by the Customer will be charged to the Customer and invoiced immediately with payment due within thirty days of invoice. The Customer shall supply malolactic bacteria. The Winery shall be entitled to use post malo wine or lees to induce malolactic fermentation. The processing fees do not include the cost of restarting stuck fermentations or slow malolactic fermentations.

3.   The processing fees do not include the provision of oak barrels, racks, bungs or other oak products such as oak chips or staves. Customers store wine in barrels at their own risk and the Winery takes no responsibility for the loss of quality that may be imparted from the use of those barrels including but not limited to elevated volatile acidity, Brettanomyces spoilage and TCA spoilage. Where a customer requests the removal or reduction of such characters it shall be at the customer’s expense.

4.   The Department of Agriculture Grape Research Levy and all other levies imposed on the Customer’s fruit and paid by the Winery will be invoiced to the Customer.

5.   The Customer shall not deliver grapes prior to the signing of a Contract by the Winemaker. All fruit deliveries will be scheduled in agreement with the Winemaker. Except with the prior approval of the Winemaker, grapes may only be delivered to the Winery in picking bins supplied by the Winery. Grapes delivered other than in bins approved by the Winemaker or supplied by the Winery may at the sole discretion of the Winery be refused delivery.  Delivery and pickup of the Winery’s bins, and of the Customer’s grapes, shall be at the expense of the Customer. The Customer is responsible for the care of all bins supplied by the Winery, and all losses of or damage to bins shall be paid by the Customer.  Bins will be made available by the Winery to the Customer based on availability, the Customer’s crop estimate, anticipated picking date and the Winery’s crushing programme. The Customer shall pay a fee of $10 per tonne of fruit delivered for the use of the bins.