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 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
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