SCOTT LABS EXCLUSIVE BUY-BACK PROMISE REGARDING CORK TAINT

(DAMAGE TO WINE FROM TCA)


LIMITED WARRANTY


Scott Laboratories, Inc. of Petaluma California ("Scott Labs"), warrants to all purchasers of Scott Labs corks that Scott Labs corks will not cause "Cork Taint" which is defined for purposes of this warranty as meaning taint to wine bottled with Scott Labs corks due solely to Scott Labs cork-derived 2,4,6 Tricloroanisole ("TCA") at levels above 1 ppt (parts per trillion).

What is covered by this Scott Labs Warranty

All wine corks sold by Scott Labs on and after October 28, 2020.

The Remedies that this Scott Labs Warranty Provides

In the event that any bottled wine stopped with wine corks supplied by Scott Labs is rejected due to Cork Taint, Scott Labs will provide credit ("Buy-Back Credit") toward future orders of Scott Labs products by the original Scott Labs cork purchaser. Buy-Back Credit will be calculated based on the initial published per-bottle retail release price from the winery that was tainted. The Buy-Back Credit will be available for any Scott Labs cork purchaser up to a maximum of five percent (5%) of the invoiced value of the corks purchased from Scott Labs by that purchaser in the calendar year in which the Scott Labs cork causing the Cork Taint was sold. The Buy-Back Credit is redeemable by the original purchaser of the Scott Labs cork that caused the Cork Taint in credit toward future orders of Scott Labs products. Thus, for example, if a Scott Labs customer purchased $100,000 in cork in a given calendar year, the Buy-Back Credit for Cork Tainted wine bottles stopped with Scott Labs corks purchased in that calendar year will be available up to a maximum of $5,000 in Buy-Back Credit.

How Long this Warranty Lasts

This Scott Labs warranty is a five-year warranty. The date of submission of the claim for Buy-Back Credit must be within a period of five (5) years from the time of the cork order delivery date of the order that included the cork which caused the Cork Taint.

Additional Important Provisions

Scott Labs will grant Buy-Back Credit immediately based on the wine consumer’s report of Cork Taint.  However, the purchaser claiming Buy-Back Credit must preserve the tainted wine, cork, and bottle for later inspection and testing at the discretion of Scott Labs.  Scott Labs reserves the right to make arrangements at its expense for a physical inspection and testing of the wine, bottle and cork for which a Buy-Back Credit claim has been submitted.  To the extent, if any, that it is determined that the wine was not damaged by Cork Taint, Scott Labs will have the right to reverse the Buy-Back Credit.

This warranty covers Cork Taint that is solely caused by Scott Labs corks.  It excludes cork taint or other wine damage arising from TCA that is caused in part by factors or sources other than Scott Labs corks, including but not limited to, tainted barrels or winery equipment.

This warranty excludes wine damage or returns that originate in causes other than TCA caused by Scott Labs corks.

This limited warranty gives you specific legal rights.  You may have other rights which vary from country to country and from state to state.

This warranty is an agreement deemed made in the State of California and the County of Sonoma and shall be governed in all respects by California law.  

Dispute Resolution

All issues relevant to this warranty concerning the existence, cause, and extent of suspected Cork Taint shall be conclusively and finally determined by a written report from ETS Laboratories of St. Helena and Healdsburg, California.  Scott Labs will pay the charges of ETS Laboratories to the extent that Scott Labs has requested the determination of such issue.

Limitation of Liability

THE MAXIMUM LIABILITY OF SCOTT LABS FOR NEGLIGENCE IN THE MANUFACTURE, HANDLING, AND SHIPPING OF ITS CORKS IS LIMITED TO THE AMOUNT OF BUY-BACK CREDIT AVAILABLE UNDER THIS WARRANTY. 

Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCOTT LABS IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OR ANY OTHER LEGAL THEORY OF ANY OF ITS PRODUCTS OR PRODUCTS IN WHICH THEY ARE INCORPORATED.

Exclusive Warranty and Remedy

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE “BUY-BACK CREDIT” REMEDY SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCOTT LABS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, BEYOND THIS SCOTT LABS WARRANTY.

Updates

The Scott Labs Exclusive Buy-Back Promise Regarding Cork Taint may be subject to updates, amendments or modifications that will apply to future orders of Scott Labs cork products.  Please check the Scott Labs website, https://scottlab.com/, for the most current version of this warranty and the remedies available under it.
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