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Element Grills (via Element Products LLC), grills have a 1 year parts warranty and a thirty day limited parts warranty on grill accessories. 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.
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