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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 Clark County. 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. 09/30/2020
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