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732 South Racetrack Road, Henderson, Nevada 89015 U.S.A.
1.800.777.8466 | [email protected] | www.vinotemp.com
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 agrees 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