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TERMS OF SALE AND WARRANTY
Vinotemp International (“Seller”) and the person or entity that acquires these goods from
Seller (“Purchaser”) hereby fully agree to the following terms and conditions of the sale:
Shipping fees are the responsibility of the Purchaser whether freight prepaid or freight collect.
Seller assumes no responsibility for the goods sold to the Purchaser once the goods have left
the Seller’s premises, including, but not limited to, late delivery, or for events caused by any
difficulty carrier incurs in attempting to fit the goods into the Purchaser’s place of business or
residence. Purchaser assumes all responsibility for delivery, payment of freight, access,
measurement, installation, hook-up, wiring, moving and storage of the goods. Transportation
of all goods is subject to the terms and conditions which the moving carrier imposes on
Purchaser including, but not limited to, additional charges imposed per flight of stairs. Any
claim for damages incurred during shipment by the carrier of the goods are insured and
handled directly with the carrier. Any damages due to manufacture defects will be handled
directly with Vinotemp International, subject to the limited warranty.
All sales are final, and unless authorized in writing by the Seller, Purchaser may not return the
goods, under any circumstance. If Purchaser refuses to accept the goods, under any
circumstance, the Purchaser is liable for the return and cost of freight both ways, and if Seller
does take back the goods, there will be a restocking charge that is 35% of the purchase price
of the goods. Purchaser must notify Seller of non-conforming goods within four days of
delivery, after which time all goods are deemed accepted. Finance charges begin the date of
invoice. Title to the goods does not pass until payment is received in full by Seller and Seller
retains a security interest in the goods until they are paid for in full.
LIMITED WARRANTY: Seller warrants that the goods will be free of defects in materials and
workmanship as follows for metal Wine, beverage, refrigerator and freezer units: Parts 1 year
(twelve) months from the date of sale. Removal and re-installation of unit is not included in
warranty. There is no warranty on parts purchased separately. Purchaser’s exclusive remedy
is limited, at Seller’s option; to repair or replace defective part[s] with either new or factory
reconditioned part[s]. Purchaser is responsible for shipping the unit pre-paid to designated
facility and Seller will pay return shipping charges in the continental United States for items
repaired under warranty within three months from date of sale. Improper placement of the unit
will void the warranty. This limited warranty does not cover damage due to such things as
accident, misuse, abuse, mishandling, neglect, acts of God, fires, earthquakes, floods, high
winds, government, war, riot or labor trouble, strikes, lockouts, delay of carrier, unauthorized
repair, or any other cause beyond the control of the Seller, whether similar or dissimilar to the
foregoing. Seller is not responsible for any damages caused to Seller’s property resulting from
the goods. This limited warranty applies only inside the Contiguous US. (Alaska, Puerto Rico
and Hawaii are not warranted.)
Purchaser understands and acknowledges that the goods sold here are wine cellars or other
similar units. Purchaser assumes all risk of using these units, including risk of spoilage,
humidity variations, temperature variations, leaks, fire, water damage, mold, mildew, dryness
and similar and any other perils that might occur.
Seller is not responsible for incidental or consequential damages, and there are no warranties,
expressed or implied, which extend beyond the Limited Warranty described above. The implied
warranties of merchantability and of fitness for a particular purpose are hereby expressly
disclaimed. Some states do not allow the exclusion of incidental or consequential damages, or
a waiver of the implied warranties of fitness and/or merchantability, so the above limitations
may not apply to you. This warranty gives you specific legal rights and you may also have other
rights which vary state to state.
In the event of any dispute between Seller and Purchaser arising out of or relating to these
terms and conditions or to the goods sold generally, Purchaser must first file a written claim
with Seller within ten days of the occurrence giving rise to the claim and wait an additional
thirty days for a response before initiating any legal action. The sale and all terms are subject
to California law. Any legal proceeding arising out of or relating to these terms and conditions
or to the goods sold generally shall be brought solely and exclusively in the County of Los
Angeles. In no event may Purchaser initiate any legal proceeding more than six months after
the occurrence of the event giving rise to the dispute.
The above terms and conditions are the only ones governing this transaction and Seller makes
no oral representations of any kind. These Terms and Conditions can only be modified in
writing, signed by both Purchaser and Seller. 2009