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W W W . V I N O T E M P . C O M
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 Purchaser’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