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
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