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 th e
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 ar e insured and ha ndled dir ectly with the car rier. Any damages due to manufacture defects will b e
handled directly with Vinotemp International, subject to the limited warranty.
All sales ar e f inal, and un less aut horized in writing by the Sel ler, Purchaser may no t r eturn 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$ will be added to your invoice, which you
agree to prom ptly p ay. Title to t he good s d oes not pass until pay ment is received in full by S eller a nd 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 workmanship a s
follows: Me tal cabi net 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. F or a scratch and 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 repa ir or replac e defective part[s] with either new or factory
reconditioned par t[s]. Pur chaser is respo nsible for shi pping th e un it pr e-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 r epair, or any other ca use be yond the co ntrol o f the Se ller, whe ther s imilar o r di ssimilar 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 ho use wine. P urchaser ass umes all risk of us ing the se units, in cluding r isk o f spo ilage, humidity
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, 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 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 occurrence giving rise to the c laim and wait an add itional thi rty days for a response before i nitiating any
legal action. The sale and all terms are subject to California law. Any legal proceeding arising out of or relating
to the se t erms and co nditions o r to the go ods so ld ge nerally shall be brought sole ly and exclu sively in t he
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
13
17631 South Susana Road, Rancho Dominguez, California 90221
info@vinotemp.com