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 non-transferable. 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 California 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 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. Seller may make non-payment 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. We also both agree
that you or we may 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.
08.29.16
T E M P . C O M
18
W W W . V I N O T E M P . C O M
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