Vinotemp wine cooler chiller cabinet rack refrigerator

If you are agreeing to purchase this product you are thereby
agreeing to the terms and conditions of sale below:

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:

All prices are FOB — Place of Shipment — Seller’s premises, unless otherwise noted. 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, 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 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.

All sales are final, and unless authorized in writing by the Seller, Purchaser is not entitled to return conforming goods, under any circum¬stance. If Purchaser refuses to accept conforming goods, under any circumstance, the Purchaser is liable for the return and cost of freight both ways a restocking charge that is 35% of the purchase price of the goods. Purchaser must notify Seller of non-conforming goods within five days of delivery, after which time all goods are deemed accepted.

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, collection fees, court costs and attorneys’ fees. Finance charges will begin at the date of purchase. 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 a B good, scratch and dent or refurbished unit, warranty is 3 months from your dated invoice for parts (for function only).  Freight is not included to and from the factory.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]. Unless otherwise provided by applicable law, Purchaser is responsible for shipping the item to and from designated facility. 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.

This limited warranty does not cover damage due to such things as accident, misuse, abuse, mishandling, neglect, acts of God, fires, earth¬quakes, 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.

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 perils that might occur.

UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, SELLER IS NOT RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF; THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DIS¬CLAIMED. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR A WAIVER OF THE IMPILED 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 generaIIy, Purchaser must first file a written claim with Seller within thirty days of the occurrence giving rise to the claim and wait an additional thirty days for a response before initiating any legal action. Any legal proceeding arising out of or relating to these terms and conditions or to the goods sold generally shall be brought solely in the County of Los Angeles. The prevailing party in any such proceeding is entitled to its attorneys’ fees and costs. 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.