Element EL46WCSTL by Vinotemp 24 Inch Stainless Steel Wine Cooler

User Manual - Page 21

For EL46WCSTL.

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21
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 nontransferable. 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 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.
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