Vinotemp Element EL-30SWCB2D Owner's Manual page 19

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 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 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 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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1 7 6 2 1 S o u t h S u s a n a R o a d , R a n c h o D o m i n g u e z , C a l i f o r n i a 9 0 2 2 1
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