Owner's Manual

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WWW.VINOTEMP.COM
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after the occurrence of the event giving rise to the dispute. Seller may make nonpayment claims
until debt is paid in full. Any dispute or claim relating in any way to these to the Terms and
Conditions, the Website, or any products or services sold or distributed by or through this
Website, store, or catalog will be resolved by binding arbitration, rather than in court, except that
you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and
federal arbitration law apply to the Terms and Conditions. We each agree that any dispute
resolution proceedings will be conducted only on an individual basis and not in a class,
consolidated or representative action. If for any reason a claim proceeds in court rather than in
arbitration we each waive any right to a jury trial. Both parties agree to bring suit in court to enjoin
infringement or other misuse of intellectual property rights.
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.
SPECIFIC WARRANTY BELOW for SCRATCH & DENT/OPEN BOX/ REFURBISHED/FLOOR
MODELS/ CLOSEOUTS, OVERSTOCK: TERMS AND CONDITIONS OF SALE
Vinotemp (and its brands Element, Wine Mate, Cellar Tec, Apex Wine Racks, Epicureanist Il
Romanzo, Brama(“Seller”) and the person of the entity that acquires these goods from Seller
(“Purchaser”) hereby fully aggress to the following terms and conditions of the sale:
1. Freight: Vinotemp is not a freight, moving or installation company, if Freight is arranged for the
Buyer, the 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, extra fees, 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 and must
be noted at time of delivery.
2. All sales are final, and unless authorized in writing by the Seller, Purchaser is not entitled to
return goods, under any circumstances. If Purchaser refuses to accept goods, the Purchaser is
liable for the return and cost of freight both directions and a restocking/service fee 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.
3. 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, collection fees and attorney’s 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. If the credit card dispute goes to
arbitration, Buyer agrees to pay for credit card arbitration fees.
4. LIMITED WARRANTY on Non-New Units (Scratch & Dent/Refurbished and 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