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WWW.VINOTEMP.COM
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and Conditions. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or
representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. Both parties agree to
bring suit in court to enjoin infringement or other misuse of intellectual property rights.
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.
SPECIFIC WARRANTY BELOW for SCRATCH & DENT/OPEN BOX/ REFURBISHED/FLOOR MODELS/ CLOSEOUTS, OVERSTOCK: TERMS AND CONDITIONS
OF SALE
Vinotemp (and its brands Element, Wine Mate, Cellar Tec, Apex Wine Racks, Epicureanist Il Romanzo, Brama(“Seller”) and the person of the entity that
acquires these goods from Seller (“Purchaser”) hereby fully aggress to the following terms and conditions of the sale:
1. Freight: Vinotemp is not a freight, moving or installation company, if Freight is arranged for the Buyer, the 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 by the moving carrier, or for events caused
by any difficulty carrier incurs in attempting to fit the goods into the Purchaser’s place of business or residence due to the size of the goods or otherwise,
such as the disassembly and reassembly of the goods. Purchaser assumes all responsibility for delivery, payment of freight, extra fees, access,
measurement, installation, hook-up, moving and storage of the goods. The 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, and/or additional charges resulting from
the carrier’s inability to safely and/or adequately use the building elevator to lift the goods to an upper floor. Any claim for damages incurred during
shipment by the carrier of the goods are insured and handled directly with the carrier and must be noted at time of delivery.
2. All sales are final, and unless authorized in writing by the Seller, Purchaser is not entitled to return goods, under any circumstances. If Purchaser refuses
to accept goods, the Purchaser is liable for the return and cost of freight both directions and a restocking/service fee 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.
3. If Purchaser tenders payment with a check that has insufficient funds (NSF), or stops payment on a check or credit card for any reason, Purchaser agrees
to pay for all costs associated with the Seller’s connection or litigation of such a claim, including without limitation extra damages, court costs, collection
fees and attorney’s fees. Finance charges begin the date of invoice. Collection fees plus NSF fee of $50 will be added to your invoice, which you agree to
promptly pay. 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. If the credit card dispute goes to arbitration, Buyer agrees to pay for credit card arbitration fees.
4. LIMITED WARRANTY on Non-New Units (Scratch & Dent/Refurbished and Floor Models): warranty for compressor units is 90 days from your dated
invoice and 30 days for thermoelectric units (parts for function only, not cosmetic defects). These units are refurbished and sold as is; Purchaser assumes
risks to the quality and performance of goods and assumes the costs of all necessary service or repair not covered herein. Wine Accessories, Racking
Systems and other items not mentioned are not warranted. There is no warranty on parts purchased separately. Removal and re-installation of unit is not
included in warranted labor. 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. Since the natural variation in texture, density, grain, color, tone and shade of wood is
unavoidable; Seller does not guarantee the texture, color, tone or shade of the wood: nor does seller guarantee the colorfastness of wood or against
peeling, chipping, cracking or scratching. Note: Unfinished wood is subject to warping; all wood surfaces must be sealed before placing cellar into service.
Improper placement of the unit will void the warranty. By Vinotemp in writing, any 3rd party repair facility must be pre-approved before providing parts
free of charge.
5. Freight: If As-Is unit is shipped including freight and delivery is denied, customer is responsible for freight to and from buyer. Other costs Buyer is
responsible for is storage, repackaging, and attempted delivery fees.
6. Vinotemp 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 good. This
limited warranty applies only inside the Continental US. (Alaska, Puerto Rico and Hawaii are not warranted.)
7. Purchaser understands and acknowledges that the goods sold here are wine coolers, appliances, cigar humidors, and/or other similar units which may
house wine or cigars or other consumables. 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 perils that might occur.
8. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, SELLER IS NOT RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THERE ARE
NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF; WARRANTY AND LIABILITY ARE NON-
TRANSFERABLE. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.
SELLER DISCLAIMS ANY INDEMNIFICATION FOR CLAIMS OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OF PROTECTABLE NATURE.
9. 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 thirty days of the occurrence giving arise to the claim and wait an additional thirty days for a response
before initiating any legal action. Any legal proceeding arising out of or relating to these terms and conditions or to the goods sold generally shall be
brought solely in the County of Los Angeles. The prevailing party in any such proceeding is entitled to its attorney’s fees and costs. In no event may
Purchaser initiate any legal proceeding more than six months after the occurrence of the event giving rise to the dispute.
10. Delivery is curbside. Upgrades in delivery will require an additional fee.
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. 02/05/2019
Accepted by: ___________________________________________
Date: ___________________________________________
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