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 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. 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. Custom Cabinet and Racking 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 connection 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.
LIMITED WARRANTY: Seller warrants that the goods will be free of defects in materials and workmanship as
follows: VINO-CAVE wine cabinet units: parts and labor (uninstalled) for a period of 12 (twelve) months from date
of sale, removal and re-installation of unit is not included in warranted labor. For a scratch and dent or refurbished
unit, warranty is 3 months from your dated invoice (parts for function only, not cosmetic). Installed products are
parts only for 1 year, no labor. 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 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.
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 good. This
limited warranty applies only inside the Continental US. (Alaska, Puerto Rico and Hawaii 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. 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 from 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. 04/08
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W W W . V I N O T E M P . C O M
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