TERMS
AND
CONDITIONS
Vinotemp
International
(“Seller”)
and
the
person
or
entity
that
acquires
these
goods
from
Seller
(“Purchaser”)
hereby
fully
agree
to
the
following
terms
and
conditions
of
the
sale:
Shipping
fees
are
the
responsibility
of
the
Purchaser
whether
freight
prepaid
or
freight
collect.
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.
Purchaser
assumes
all
responsibility
for
delivery,
payment
of
freight,
access,
measurement,
installation,
hook
‐
up,
wiring,
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.
Any
damages
due
to
manufacture
defects
will
be
handled
directly
with
Vinotemp
International,
subject
to
the
limited
warranty.
All
sales
are
final,
and
unless
authorized
in
writing
by
the
Seller,
Purchaser
may
not
return
the
goods,
under
any
circumstance.
If
Purchaser
refuses
to
accept
the
goods,
under
any
circumstance,
the
Purchaser
is
liable
for
the
return
and
cost
of
freight
both
ways,
and
if
Seller
does
take
back
the
goods,
there
will
be
a
restocking/service
fee
that
is
35%
of
the
purchase
price
of
the
goods.
(Product
must
be
in
original
packaging).
Built
‐
to
‐
Order
products
(including
Cabinets,
Racking,
and
Accessories)
are
non
‐
returnable.
Purchaser
must
notify
Seller
of
non
‐
conforming
goods
within
four
days
of
delivery,
after
which
time
all
goods
are
deemed
accepted.
If
an
order
has
been
placed
and
production
has
started,
cancellation
of
your
order
will
be
a
15%
charge.
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
collection
or
litigation
of
such
a
claim,
including
without
limitation
extra
damages,
court
costs
and
attorneys’
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.
Statute
of
limitations
must
be
handled
in
arbitration
in
the
County
of
Los
Angeles.
LIMITED
WARRANTY:
Seller
warrants
that
the
goods
will
be
free
of
defects
in
materials
and
workmanship
as
follows:
Furniture
style
(wood)
wine
cabinets
made
in
the
U.S.:
all
cooling
unit
parts
for
a
period
of
5
(five)
years;
cabinetry
and
labor
(uninstalled)
for
a
period
of
12
(twelve)
months
from
date
of
sale.
For
the
metal
cabinet
wine
units:
parts
and
labor
for
cooling
system
and
cabinetry
for
a
period
of
12
(twelve)
months
from
date
of
sale.
For
Designer
Series
units:
parts
and
labor
for
a
period
of
12
(twelve)
months
from
date
of
sale,
compressor
part
5
years.
For
Il
Romanzo
Glass
Froster:
parts
and
labor
for
12
months
from
the
date
of
sale.
Thermoelectric
Units:
90
(ninety)
days
from
the
date
of
sale
(including
Wine
Coolers,
Beer
Dispensers,
Humidor,
Portofino
Wood
Cellars,
and
Refrigerators).
Wine
‐
Mate
Split
Systems
and
installed
products
are
parts
only
for
1
year,
no
labor.
Other
Wine
‐
Mate
Cooling
Systems
are
5
years
parts,
1
year
labor.
Wine
Accessories
and
Racking
Systems
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
within
12
(twelve)
months
from
date
of
sale.
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
third
party
repair
facility
must
be
pre
‐
approved
before
providing
parts
free
of
charge.
This
limited
warranty
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.).
For
Non
‐
New
Units
(Scratch
&
Dent/Refurbished/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.
For
Element
Grills
(via
Element
Products
LLC),
grills
have
a
1
year
comprehensive
parts
warranty
on
entire
product.
Three
years
limited
parts
warranty
covering
the
stainless
burner
and
a
thirty
day
limited
parts
warranty
on
grill
accessories.
If
grill
is
defective
and
unused
plus
all
packaging
and
parts
are
intact,
we
will
either
replace
the
grill
or
provide
service
to
repair
the
grill.
Returned
product
must
accompany
all
original
packaging
and
parts
and
is
subject
to
our
35%
restocking
fee
(and
freight
both
ways).
With
Wine
‐
Mate
products,
if
the
customer
calls
and
the
product
is
“defective”,
you
must
obtain
a
letter
from
your
qualified
refrigeration
technician
at
the
customers
cost,
to
verify
that
the
unit
was
installed
properly,
with
proper
ventilation
and
the
unit
is
truly
malfunctioning
due
to
manufacture
defect.
Purchaser
understands
and
acknowledges
that
the
goods
sold
here
are
wine
cellars,
cigar
humidors,
and/or
other
similar
units
which
house
wine
or
cigars.
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
generally
shall
be
brought
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.
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.
09/13
To
register
your
product,
visit:
http://www.vinotemp.com/Warranty.aspx
Register
your
warranty
within
10
days
of
receiving
the
unit.
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