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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 Thermoelectric Units: Parts ninety days
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. 2008