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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 monthly storage fee. After 60 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 nontransferable. 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 Nevada 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 Clark County. 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 nonpayment 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. Both parties agree to 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.
SPECIFIC WARRANTY BELOW for SCRATCH & DENT/OPEN BOX/ REFURBISHED/FLOOR MODELS/ CLOSEOUTS,
OVERSTOCK: TERMS AND CONDITIONS OF SALE
Vinotemp (and its brands Element, Wine Mate, Cellar Tec, Apex Wine Racks, Epicureanist Il Romanzo, Brama(“Seller”) and
the person of the entity that acquires these goods from Seller (“Purchaser”) hereby fully aggress to the following terms and
conditions of the sale:
1. Freight: Vinotemp is not a freight, moving or installation company, if Freight is arranged for the Buyer, the 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, such as the disassembly and
reassembly of the goods. Purchaser assumes all responsibility for delivery, payment of freight, extra fees, access,
measurement, installation, hook-up, 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 and must be noted at time of delivery.
2. All sales are final, and unless authorized in writing by the Seller, Purchaser is not entitled to return goods, under any
circumstances. If Purchaser refuses to accept goods, the Purchaser is liable for the return and cost of freight both directions
Summary of Contents for element EL-54COMM
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