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47
732 South Racetrack Road, Henderson, Nevada 89015
info@vinotemp.com
indemnification for claims of infringement of any intellectual property of protectable nature. 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 Nevada law. Any legal
proceeding arising out of or relating to these terms and conditions or to the goods sold Purchaser
shall bring, solely and exclusively in Clark County. In no event may Purchaser initiate any legal
proceeding more than six months after the occurrence of the event giving rise to the dispute. Seller
may make nonpayment claims until debt is paid in full. Any dispute or claim relating in any way to
these to the Terms and Conditions, the Website, or any products or services sold or distributed by
or through this Website, store, or catalog will be resolved by binding arbitration, rather than in court,
except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration
Act and federal arbitration law apply to the Terms 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 t
he
Buyer, the Seller assumes no responsibility for the goods sold to the Purchaser once the goods have
le
ft t
he 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, a
ccess, 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 buildi
ng
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 retu
rn 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
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