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If a purchaser claims a product is "defective" with regards to refrigeration, Purchaser must obtain a letter from a qualified re
frigeration technician at the Purchaser's cost to verify that the unit was installed properly, with proper ventilation and the un
it 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 op
tion 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 re
paired under warranty within 12 (twelve) months from date of sale. The returned unit must be packaged correctly, with enou
gh 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 P
chasers responsibility.
Since the natural variation in texture, density, grain, color, tone, and shade of wood is unavoidable; Seller does not guarant
ee the texture, color, tone, or shade of the wood: nor does seller guarantee the colorfastness of wood or against peeling, ch
ipping, cracking, or scratching. Note: Unfinished wood is subject to warping; all wood surfaces must be sealed before placin
g 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 warehou
se after 60 days but no longer than 120 days, the Purchaser will incur additional storage fees of 2%. After 120 days in storag
e, the item will become property of Vinotemp. Warranty period is from the date of sale (not from shipping, delivery, nor instal
lation).
All completed cabinetry, racking, or other custom work must be picked up or shipped within a period of 14 days after Vinote
mp 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, unauth
orized 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 in
side 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 u
nits which house wine or cigars or other items. Purchaser assumes all risk of using these units, including risk of spoilage, h
umidity variations, temperature variations, leaks, fire, water damage, mold, mildew, dryness and similar and any other peril
s 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 exc
lusion 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 whi
ch vary from state to state. Seller disclaims any indemnification for claims of infringement of any intellectual property of pro
tectable nature. In the event of any dispute between Seller and Purchaser arising out of or relating to these terms and condi
tions or to the goods sold generally, Purchaser must first file a written claim with Seller within ten days of the occurrence giv
ing 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 sol
d Purchaser shall bring, solely and exclusively in the County of Los Angeles. In no event may Purchaser initiate any legal pr
oceeding more than six months after the occurrence of the event giving rise to the dispute. Seller may make non-payment cl
aims 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, excep
t that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration la
w apply to the Terms and Conditions. We each agree that any dispute resolution proceedings will be conducted only on an in
dividual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather tha
n 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 infri
ngement 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 a
ny kind. These Terms and Conditions can only be modified in writing, signed by both Purchaser and Seller.
05.11.17
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