Epicureanist EP-CORKEL2, Owner'S Manual

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TERMS OF SALE & WARRANTY
Epicureanist (“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 Epicureanist, 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. Racking is nonrefundable. 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.
Epicureanist does not warrant wine accessories. Purchaser understands and acknowledges that the goods
sold here are wine storage products and accessories. 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.
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