(DAMAGE TO WINE FROM TCA)

LIMITED WARRANTY

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

What is covered by this SPC Warranty

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

The Remedies that this SPC Warranty Provides

In the event that any bottled wine stopped with wine corks supplied by SPC is rejected due to Cork Taint, SPC will provide credit (“Buy-Back Credit”) toward future orders of SPC products by the original SPC 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 SPC cork purchaser up to a maximum of five percent (5%) of the invoiced value of the corks purchased from SPC by that purchaser in the calendar year in which the SPC cork causing the Cork Taint was sold. The Buy-Back Credit is redeemable by the original purchaser of the SPC cork that caused the Cork Taint in credit toward future orders of SPC products. Thus, for example, if a SPC customer purchased $100,000 in cork in a given calendar year, the Buy-Back Credit for Cork Tainted wine bottles stopped with SPC 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 SPC 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
SPC 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 SPC.  SPC 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, SPC will have the right to reverse the Buy-Back Credit.

This warranty covers Cork Taint that is solely caused by SPC corks.  It excludes cork taint or other wine damage arising from TCA that is caused in part by factors or sources other than SPC 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 SPC 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.  SPC will pay the charges of ETS Laboratories to the extent that SPC has requested the determination of such issue.

​​​​Limitation of Liability
THE MAXIMUM LIABILITY OF SPC 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, SPC 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, SPC SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, BEYOND THIS SPC WARRANTY.

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