Terms Of Sale And Warranty - Vinotemp VT-WineDraw4 Owner's Manual

TERMS OF SALE AND WARRANTY

Vinotemp International ("Seller") and the person or entity that acquires these goods from Seller ("Purchaser") hereby
fully agree to the following terms and conditions of the sale: Shipping fees are the responsibility of the Purchaser
whether freight prepaid or freight collect. Seller assumes no responsibility for the goods sold to the Purchaser once
the goods have left the Seller's premises, including, but not limited to, late delivery by the moving carrier, or for
events caused by any difficulty carrier incurs in attempting to fit the goods into the Purchaser's place of business or
residence due to the size of the goods or otherwise. Purchaser assumes all responsibility for delivery, payment of
freight, access, measurement, installation, hook-up, wiring, moving and storage of the goods. The transportation of all
goods is subject to the terms and conditions which the moving carrier imposes on Purchaser including, but not limited
to, additional charges imposed per flight of stairs, and/or additional charges resulting from the carrier's inability to
safely and/or adequately use the building elevator to lift the goods to an upper floor. Any claim for damages incurred
during shipment by the carrier of the goods are insured and handled directly with the carrier. Any damages due to
manufacture defects will be handled directly with Vinotemp International, subject to the limited warranty.
All sales are final, and unless authorized in writing by the Seller, Purchaser may not return the goods, under any
circumstance. If Purchaser refuses to accept the goods, under any circumstance, the Purchaser is liable for the return
and cost of freight both ways, and if Seller does take back the goods, there will be a restocking charge that is 35% of
the purchase price of the goods. Custom Cabinet and Racking are non returnable. Purchaser must notify Seller of non-
conforming goods within four days of delivery, after which time all goods are deemed accepted. If an order has been
placed and production has started, cancellation of your order will be a 15% charge.
If Purchaser tenders payment with a check that has insufficient funds (NSF), or stops payment on a check or credit
card for any reason, Purchaser agrees to pay for all costs associated with the Seller's connection or litigation of such a
claim, including without limitation extra damages, court costs and attorneys' fees. Finance charges begin the date of
invoice. Collection fees plus NSF fee of $50 will be added to your invoice, which you agree to promptly pay. Title to
the goods does not pass until payment is received in full by Seller and Seller retains a security interest in the goods
until they are paid for in full.
LIMITED WARRANTY: Seller warrants that the goods will be free of defects in materials and workmanship as
follows: For the metal cabinet wine units: parts and labor for cooling system and cabinetry for a period of 12 (twelve)
months from date of sale, removal and re-installation of unit is not included in warranted labor. For a scratch and dent
or refurbished unit, warranty is 3 months from your dated invoice (parts for function only, not cosmetic). There is no
warranty on parts purchased separately. 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 within 12 (twelve) months from date of sale. 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. 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 Seller's property resulting from the good. This limited warranty applies only inside the Continental
US. (Alaska, Puerto Rico and Hawaii 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. 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. 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.
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 generally shall be brought 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.
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. 04/07
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