TERMS OF SALE AND WARRANTY
Vinotemp International (“Seller”) and the person or entity that a cquires 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 fre ight collect. Seller assumes no r esponsibility for the goods sold to t he
Purchaser o nce the go ods h ave left t he S eller’s pre mises, in cluding, b ut no t l imited to, la te de livery by the
moving carrier, or for events caused by any di fficulty ca rrier in curs i n att empting t o fit th e go ods in to th e
Purchaser’s pl ace of bus iness or resi dence due to the size of the good s or otherw ise. Pur chaser as sumes a ll
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 o n Pur chaser inc luding, but no t li mited to, additio nal charges impo sed per fligh t of stair s,
and/or add itional charges resulti ng from the carr ier’s inability to safely and/or ad equately u se the bui lding
elevator to lift the goods to an upper floor. Any claim for damages incur red during shipment by the carrier of
the goods are insured and ha ndled directly with the car rier. Any damage s due to manufacture defects will b e
handled directly with Vinotemp International, subject to the limited warranty.
All sales are final, and un less 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 a nd cost of frei ght both ways, a nd if S eller do es take ba ck the goods , there wi ll be a re stocking
charge that is 35% of t he 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.
If Purchaser tenders payment with a c heck that has insufficient funds (NSF), or stop s payment on a check or
credit card for any reason, Purchaser agr ees to pay for all cos ts a ssociated w ith the Sel ler’s connection or
litigation of such a cla im, including without limitation extra damages, court costs and attorneys’ fees. Finance
charges begin the date of invoice. Collection fees plus NSF fee of 50$ wi ll be added to your invoice, which you
agree to promptly pay. Title to the goods does not pass until payment is r eceived in full by Seller and Seller
retains a security interest in the goods until they are paid for in full.
LIMITED WARRANTY: Se ller warrants that the goods will be free of d efects in materials a nd workm anship as
follows: Me tal cabinet wine, beverage, refr igerator and freezer units: parts a nd labor for cooli ng system a nd
cabinetry for a peri od of 12 (twel ve) mo nths f rom da te o f sal e, r emoval and r e-installation o f u nit is not
included in warranty. For a scratch an d dent or refurbished unit, warranty is 3 months from your dated invoice
(parts for functi on onl y, not co smetic). T here is no warranty on parts pu rchased se parately. P urchaser’s
exclusive remedy is l imited, at Sel ler’s option; to repair or replace defective part[s] with either new or factory
reconditioned par t[s]. Purchaser is respo nsible for shi pping the unit pre-paid to desi gnated fac ility and Se ller
will pay re turn shipping charges in the continental United States for items repai red under warranty within 12
months from date of sale. Improper placement of the unit will void the warranty. This limited warranty does
not cover da mage due to such thin gs as a ccident, misuse, abu se, mishandlin g, n eglect, acts of God, fires,
earthquakes, f loods, h igh w inds, govern ment, war , rio t or labor tro uble, strikes, lockouts, de lay o f car rier,
unauthorized repair, or any other ca use be yond the co ntrol of the Se ller, whether similar o r dissimilar to the
foregoing. Seller is not responsible for any damages ca used 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 and/or other similar units
which hou se b everages. P urchaser a ssumes all ri sk of us ing th ese units, in cluding ri sk of spoilage , h umidity
variations, temperature variations, leaks, fire, water damage, mold, mildew, dryness and similar and any other
perils that might occur.
Seller is not respon sible for inc idental or conseq uential d amages, and t here are no w arranties, expr essed or
implied, w hich e xtend b eyond t he Lim ited Wa rranty d escribed a bove. T he i mplied w arranties o f
merchantability and of fi tness for a parti cular purpose are hereby exp ressly di sclaimed. Som e s tates do no t
allow the exclusion o f in cidental o r co nsequential da mages, o r a wa iver o f the i mplied war ranties o f f itness
and/or mercha ntability, so the above limitations may not apply to you. This warranty gives yo u specific legal
rights and you may also have other rights which vary from state to state.
In the ev ent of any disput e betwe en Se ller and Purc haser aris ing o ut o f o r relati ng to the se t erms and
conditions or to the goods sold generally, Purchaser must first file a written claim with Seller within ten days of
the o ccurrence giv ing ri se to the claim and wait an add itional thi rty days for a response before i nitiating any
legal ac tion. The sa le a nd all terms ar e subject to Cal ifornia law . A ny lega l pr oceeding ar ising out o f o r
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 a nd cond itions are the only one s go verning this t ransaction and Se ller makes no oral
representations of any ki nd. Thes e T erms and Cond itions can o nly b e mo dified i n writing, s igned by bo th
Purchaser and Seller. 07/08
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