Vinotemp Element EL-12TEDCS Owner's Manual page 20

4. LIMITED WARRANTY on Non-New Units (Scratch & Dent/Refurbished and 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. Wine Accessories, Racking Systems and other items not mentioned are not warranted. There is no
warranty on parts purchased separately. Removal and re-installation of unit is not included in warranted
labor. Purchaser's exclusive remedy is limited, at Seller's option; to repair or replace defective part[s] with
either new or factory reconditioned part[s]. Purchaser is responsible for shipping the unit pre-paid to
designated facility and Seller will pay return shipping charges in the continental United States for items
repaired under warranty. 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. Improper
placement of the unit will void the warranty. By Vinotemp in writing, any 3rd party repair facility must be pre-
approved before providing parts free of charge.
5. Freight: If As-Is unit is shipped including freight and delivery is denied, customer is responsible for freight
to and from buyer. Other costs Buyer is responsible for is storage, repackaging, and attempted delivery fees.
6. Vinotemp 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 good. This limited warranty applies only inside the Continental US. (Alaska, Puerto Rico and Hawaii
are not warranted.)
7. Purchaser understands and acknowledges that the goods sold here are wine coolers, appliances, cigar
humidors, and/or other similar units which may house wine or cigars or other consumables. 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 perils that might occur.
8. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, SELLER IS NOT RESPONSIBLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THERE ARE NO WARRANTIES, EXPRESS OR
IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF; WARRANTY AND
LIABILITY ARE NON-TRANSFERABLE. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF
FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. SELLER
DISCLAIMS ANY INDEMNIFICATION FOR CLAIMS OF INFRINGEMENT OF ANY INTELLECTUAL
PROPERTY OF PROTECTABLE NATURE.
9. 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 thirty days
of the occurrence giving arise to the claim and wait an additional thirty days for a response before initiating
any legal action. Any legal proceeding arising out of or relating to these terms and conditions or to the goods
sold generally shall be brought solely in Clark County. The prevailing party in any such proceeding is entitled
to its attorney's fees and costs. In no event may Purchaser initiate any legal proceeding more than six months
after the occurrence of the event giving rise to the dispute.
10. Delivery is curbside. Upgrades in delivery will require an additional fee.
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. 03/18/2021
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