7 3 2 S o u t h R a c e t r a c k R o a d , H e n d e r s o n , N e v a d a 8 9 0 1 5
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and a restocking/service fee that is 35% of the purchase price of the goods. Purchaser must notify Seller of non-conforming
goods within four days of delivery, after which time all goods are deemed accepted.
3. 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, collection fees and attorney’s 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. If the credit card dispute goes to arbitration, Buyer agrees to pay for credit card arbitration fees.
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
Summary of Contents for element EL-54COMM
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