Who pays for the wine if it’s corked?

The following is a true story that happened to someone who prefers to remain anonymous. A couple of months ago, a wine lover opened a rare and expensive bottle of Champagne that had been acquired directly from the Maison for 1,200 euros. It was one three and when the first was opened it had the unmistakable odor (trichloroacetic acid or TCA) of being corked. The person immediately re-corked the bottle and opened a second one that was fine. He then then contacted the person who had sold the bottle asking that it be replaced. At this point an incredible tug of war between the two. At first the seller accused the buyer of not properly storing the bottle to which the buyer, who was a biologist as well as a wine lover, pointed out that he knew very well the difference between TCA and notes related to oxidation and offered to have the bottle tested in any authorized laboratory. The counter offer was then a bottle of the Maison’s stock vintage cuvée that cost 150 euros. This offer was refused and the following silence from the seller led the wine lover to write, in French, to the Maison itself and threaten to make the dispute public through the press, including none other than Doctor Wine. It was only then that apologies were made and the bottle was immediately replaced. While all’s well that ends well, how can one overlook how someone had refused to do the responsible thing which then resulted in a lot of paperwork and a waste of time? And what would have happened if they had, in the end, gone to court? More than likely and with an analysis proving the existence of TCA, especially in the cork itself, the Champagne Maison would lose the case and be forced not only to replace the bottle but also pay court costs and eventually for moral damages. The Maison would also pay a high price in negative publicity. For this to happen, it is clear that the bottle would have to be almost intact, the cork saved and any wine missing only accounted for by the initial tasting and what as necessary for the laboratory analysis. The bottom line is that if a bottle is corked or has other distinct defects, from being incorrectly made, the seller is obliged to replace it. To sell something that is not what it should or claims to be is nothing less than fraud and it is important for everyone to know this.  TCA destroys the distinct characteristics of any wine and is present in some 5% of corks and the cost of this should not be paid for by the buyer but by the seller, be they a winery, wine shop, restaurant, private seller or importer. And so, if any of you readers have had a similar experience to what we have described above, please let us know. We will make it public, especially if the seller refuses to replace the bottle. Remember: refusing to replace a corked bottle is nothing short of a crime.