Customer obligations
Personnel. Customer will:
1. Designate one of Customer’s key employees to serve as Customer’s contact and authorized representative with respect to the Services.
2. Provide to Company not less than 3 of Customer’s employees per day when Services are performed. Customer shall provide such additional employees when reasonably requested by Company, in Company’s discretion. No employee of Customer shall be deemed and in no way considered an employee, independent contractor, or agent of Company. At all times, Customer is and remains obligated for the remuneration, if any, to be paid to any of Customer’s employees, and worker compensation insurance for its employees.
3. Customer must designate a key winery contact such as the winemaker or winery owner, to be responsible for ongoing monitoring and approving of quality standards during the process of bottling of wine. Key winery contact must notify the bottling operator of any unacceptable issues with quality standards during the bottling process. Quality standards to be checked include sanitization of bottles, adequacy of filters, monitoring of CO2 or nitrogen, fill height, cork insertion, vacuum levels, screw cap application, proper label placement, overall package quality, and other associated elements. Company shall have no responsibility for the biological stability of bottled product.
Customer Facilities. Customer will provide to Company:
1. Access to Customer’s premises, employees, equipment, and such other facilities as may reasonably be requested by Company to carry out the Services.
2. Unobstructed ingress and egress to Customer’s premises such that Company’s vehicles may enter and exit Customer’s premises without incurring any damage or hindrance. Accordingly, all tree branches, overhanging wires, and other obstructions in or around such ingress and egress points shall be no less than thirteen (13) feet from the ground.
3. One (1) or more parking spaces that are reasonably level and are not less than forty (40) feet in length on Customer's premises.
4. Reasonable access to electrical wiring that is 240, 100 amp, single phase, that requires a four-prong outlet, installed by a duly licensed electrician. It is recommended that Customer purchase the 100 amp outlet directly from Company. Customer is responsible for all damages to any of Company’s equipment caused by any electrical wiring installed by or on behalf of Customer.
5. Clean, filtered, and potable water with a pressure rate of at least thirty (30) pound-force per square inch and a flow rate of at least five (5) gallons per minute.
Materials. Customer will:
1. Provide to Company wine that is ready to be bottled and has a temperature of not colder than sixty (60) degrees Fahrenheit.
2. Communicate to Company the desired bottle fill height and label position before Company commences the Services. Customer agrees that: (a) Customer shall monitor the fill height for each bottle throughout Company’s provision of the Services, and (b) label placement may vary within a two (2) millimeter difference of Customer’s desired label location. Company is not responsible for establishing legal bottle fill level. Company will work to ensure that labels are applied as close to Customer’s specifications as possible; however, due to imperfections in glass or labels, Company is not responsible for label wrinkles or folds.
3. Provide to Company two (2) thirty (30) inch code seven (7) cartridge filters to be used in Company's provision of Services, unless Customer chooses not to utilize Company’s filtration services, in which case, Customer must sign the Sterile Filtration By-Pass Waiver. Customer may purchase the cartridge filters directly B-2 CORE/2064970.0013/137225839.4 from Company. Company normally carries a 0.5 micron pre-filter cartridge and a 0.45 micron final filter cartridge, for Customer to purchase and retain. If Customer requires any other cartridge other than as set forth above, Customer shall promptly notify Company in writing of such other cartridge requirements not later than three (3) weeks before Company commences the Services.
4. Ensure the integrity of each filter by performing a bubble point integrity test of each filter before Company commences the Services.
5. Properly and adequately sanitize, store, and test the integrity of each filter before Company commences the Services.
6. Except as set forth in the immediately succeeding sentence, provide to Company all additional hoses necessary for Company to provide the Services. Company will provide a pump with one and one-half (1 ½) inch Tri-Clover fittings and one (1) hose that is twenty (20) feet long.
7. Properly and adequately sanitize pumps and hoses to be used or usable in connection with Company’s provision of the Services.
8. Deliver to Company before Company commences the Services, written instructions describing in reasonable detail Customer's desired or preferred method for sanitizing all of the bottling line's filters, wine inlets, filler bowls, and spouts, including temperature, duration, manner, and method, if different than Company’s industry-standard sanitation procedures [see Exclusions (2)].
9. Deliver to Company before Company commences the Services, written notice of Customer’s desire for Company to perform any inert gas sparging services to be performed in connection with Company’s provision of the Services. If Customer desires sparging services, then Customer shall provide: (a) food grade nitrogen sufficient for Company to properly conduct such sparging services, and (b) not less than one (1) food grade bottle for every five hundred (500) cases of bottles.
10. Provide to Company not later than three (3) weeks before Company commences the Services, samples of all bottles, labels, corks, screwcaps, and capsules desired by Customer. Customer agrees that Customer shall provide to Company one (1) or more labels that are: (a) applied using unwind position #4 (i.e., left to right, outside wind), position #8 (i.e., left to right, inside wind), or both position #4 and position #8, (b) rolled on a three (3) inch core, and (c) of an outer diameter no greater than ten (10) inches. All dry goods must be on site on the day of bottling. Re-sterilized glass is NOT allowed. Although these bottles are sanitary, the mold numbers are not consistent, causing bottle size fluctuation. This situation will damage equipment and/or cause excessive glass breakage. In this case, Customer is responsible for damages.
General. Customer will:
1. Provide materials or information as Company may request from time to time to carry out the Services, and ensure such materials or information are complete and accurate in all material respects.
2. Respond promptly to Company's request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Company to perform Services.
3. Cooperate with Company in all matters relating to the Services.
4. Take all steps necessary, including obtaining any required licenses or consents, to prevent Customercaused delays in Company’s provision of the Services.
5. Perform, provide, or otherwise discharge such other obligations as Company may reasonably determine, in Company's discretion, and is reasonably related to Company's provision of the Services.
6. Customer is responsible for: (i) insuring the overall quality control of the wines and packaging; and (ii) providing for and insuring the monitoring of every aspect of the final package, which includes without limitation, fill height, cork insertion, proper label placement, and overall package appearance in a timely and regular basis.
7. Company will withhold approximately but not limited to two (2) bottles per run and retain them for B-3 CORE/2064970.0013/137225839.4 quality assurance purposes. Samples from label-only projects will not be retained.
8. Company is not responsible for pre- and post-bottling SO2 levels, wine pH, or post-bottle fermentation. 9. Customer accepts all responsibility for damaged equipment/trailer resulting from winery-supplied staff, and Customer will be responsible for all charges and costs that incur from repairs.
Exclusions
1. Filtration. Company accepts no responsibility for the sanitation or integrity of filter membranes. Company does perform a bubble-point test on the final filter for Company records. Customer is responsible for sanitation, storage and the integrity testing of the filter.
2. Sanitization. Company uses a low pressure Electro Steam boiler to sanitize the filters, wine inlet, filler bowl and spouts of bottling line. It is industry standard to sanitize with 212° F steam for 20 minutes prior to bottling. However, it is Customer's responsibility to inspect and instruct Company regarding how Customer would like equipment sanitized. Company accepts no responsibility for the cleanliness of any equipment.
3. Sparging. At Customer's choice, Company can sparge bottles with inert gas. Customer must supply food-grade nitrogen. If Customer chooses to sparge, Customer must provide one food-grade bottle per 500 cases.