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17
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.
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.
08.29.16
Non-New Units (Scratch & Dent/Refurbished/Floor Models), warranty for compressor units is 90 days from your dated invoice and 30 days for thermoelectric units
(parts for function only, not cosmetic defects). These units are refurbished and sold as is; Purchaser assumes risks to the quality and performance of goods and
assumes the costs of all necessary service or repair not covered herein. Extended warranties via New Leaf may not be purchased on Non-New Units. Delivery is
curbside. Upgrades in delivery will require an additional fee.
Element Grills (via Element Products LLC), grills have a 1 year parts warranty and a thirty day limited parts warranty on grill accessories.
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