TERMS OF SALE AND WARRANTY
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, or for events
caused by any difficulty carrier incurs in attempting to fit the goods into the Purchaser’s
place of business or residence. Purchaser assumes all responsibility for delivery, payment
of freight, access, measurement, installation, hook-up, wiring, moving and storage of the
goods. 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. Any claim for damages incurred during shipment by the carrier of the goods
are insured and handled directly with the carrier. 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 charge 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. Finance charges
begin the date of invoice. 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.
LIMITED WARRANTY
: Seller warrants that the goods will be free of defects in materials
and workmanship as follows for Thermoelectric Units: Parts ninety days from the date of
sale. Removal and re-installation of unit is not included in warranty. There is no warranty
on parts purchased separately. 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 three months from date of sale. Improper placement of the unit will void
the warranty. 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 Seller’s property
resulting from the goods. This limited warranty applies only inside the Contiguous US.
(Alaska, Puerto Rico and Hawaii are not warranted.)
Purchaser understands and acknowledges that the goods sold here are wine cellars or
other similar units. 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. 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 state to state.
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. 2008
