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If a purchaser claims a product is “defective” with regards to refrigeration, Purchaser must obtain a letter from a qualified
refrigeration technician at the Purchaser’s cost to verify that the unit was installed properly, with proper ventilation and the unit is
truly malfunctioning due to a manufacturing defect.
Removal or re-installation of a unit is not included in warranted costs. Purchaser’s exclusive remedy is limited at Seller’s option to
repair or replace defective part[s] with either new or reconditioned part[s]. Purchaser is responsible for shipping the unit pre-paid
to a designated facility and Seller will pay return shipping charges in the continental United States for items repaired under warranty
within 12 (twelve) months from date of sale. The returned unit must be packaged correctly, with enough protection to ensure the
unit is not further damaged. Oversized or lack of packaging is not permitted and will be refused. Replacement or exchanged units
will be returned to Purchaser through curbside delivery only. Any redelivery fees are the Purchasers responsibility.
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. Make
sure doors are aligned by reviewing the owner’s manual. Improper repair or placement of the unit will void the warranty. Any third
party repair facility must be pre-approved in writing by Seller, before providing replacement parts under warranty.
Change Orders: Custom units already in production that require a change will be subject to a change order fee.
Storage Fees: When having an item serviced by a Vinotemp service technician at the Vinotemp facility, Purchaser agrees to pick
up their repaired item or make arrangements for return shipping within a 60-day period once they have been notified by Vinotemp
through phone call, email, or letter that their unit is ready for pick up. If the item remains in the Vinotemp warehouse after 60 days
but no longer than 120 days, the Purchaser will incur additional storage fees of 2%. After 120 days in storage, the item will become
property of Vinotemp. Warranty period is from the date of sale (not from shipping, delivery, nor installation).
All completed cabinetry, racking, or other custom work must be picked up or shipped within a period of 14 days after Vinotemp has
notified the Purchaser by phone call, email, or letter. Any completed cabinetry, racking, or other custom work stored longer than
14 days will incur an additional storage fee. After 120 days, the product will become property of Vinotemp.
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 Continental US
(Alaska, Puerto Rico, Hawaii and other territories/countries are not warranted).
Purchaser understands and acknowledges that the goods sold here are wine cellars, cigar humidors, and/or other similar units
which house wine or cigars or other items. 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. Warranty and liability are non-transferable. 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 from state to state. Seller
disclaims any 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 California 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 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. Seller may make non-payment 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. We also both agree that you or we may 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.
05.11.17
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