against peeling, chipping, cracking, or scratching. Note: Unfinished wood is subject to warping; all
wood surfaces must be sealed before placing cellar into service. Make sure doors are aligned by
reviewing the owner’s manual. Improper repair or placement of the unit will void the warranty. Any
third party repair facility must be preapproved in writing by Seller, before providing replacement parts
under warranty. Change Orders: Custom units already in production that require a change will be
subject to a change order fee.
Storage Fees
: When having an item serviced by a Vinotemp service technician at the Vinotemp
facility, Purchaser agrees to pick up their repaired item or make arrangements for return shipping
within a 30 day period once they have been notified by Vinotemp through phone call, email, or letter
that their unit is ready for pick up. If the item remains in the Vinotemp warehouse after 30 days but
no longer than 60 days, the Purchaser will incur additional storage fees of 2%. After 60 days in
storage, the item will become property of Vinotemp. For custom units with deposits: If product is not
picked up or shipped within 60 days of completion, Purchaser deposit is forfeited and product
becomes the property of Vinotemp. Warranty period is from the date of sale (not from shipping,
delivery, nor installation). All completed cabinetry, racking, or other custom work must be picked up
or shipped within a period of 14 days after Vinotemp has notified the Purchaser by phone call, email,
or letter. Any completed cabinetry, racking, or other custom work stored longer than 14 days will
incur an additional monthly storage fee. After 60 days, the product will become property of Vinotemp.
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 Purchaser's property resulting from the goods. This limited warranty applies only
inside the Continental US (Alaska, Puerto Rico, Hawaii and other territories/countries 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 or other items. 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.
Warranty and liability are nontransferable. 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. Seller disclaims any
indemnification for claims of infringement of any intellectual property of protectable nature. 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 Nevada law. Any legal
proceeding arising out of or relating to these terms and conditions or to the goods sold Purchaser
shall bring, solely and exclusively in Clark County. In no event may Purchaser initiate any legal
proceeding more than six months 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
19
Summary of Contents for Element EL-BWC108-SS
Page 23: ...23...