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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 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
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W W W . V I N O T E M P . C O M
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