ULTRA TERMS, CONDITIONS & WARRANTY
Product Limited Warranty Information:
If a problem arises with the Ultra product during the warranty period, the User must contact Ultra Customer Service for warranty coverage and troubleshooting. Please do not return the Ultra product without authorization from Ultra. Please contact a Customer Service Representative for assistance before returning a product that is still under the one (1) year manufacturer warranty.
A. One (1) Year Limited Warranty. For a period of ONE (1) YEAR (the “Limited Warranty Period”) from the date of original sale of a Ultra product by Ultra, if the product is found to be defective in material or workmanship after undergoing Ultra’s customer service troubleshooting, then, subject to the Ultra Limited Warranty Limitations and Exclusions as well as the other Terms and Conditions stated herein, Ultra will do the following, as appropriate, for the User who has installed and is actually using the product, with regard to LABOR, PARTS and FREIGHT:
(1) LABOR – repair or replace (at Ultra’s sole discretion) the product.
(2) PARTS – supply new or rebuilt replacement parts for the product in exchange for the return of defective parts.
(3) FREIGHT – cover normal ground freight charges for parts, cover normal ground freight charges (within the continental United States) for the replacement of the product.
Subject to these Terms and Conditions, when the User purchases an Ultra product, the User agrees to read and follow the required installation procedures set forth by Ultra for proper use and installation of the product.
(a) It is highly recommended that the User obtain the assistance of a wine storage professional.
(b) The User is responsible for the full costs of installation and any additional parts required for the proper and complete installation of the product.
Terms, Conditions, And Warranty Pertaining To All Products
I. Acceptance of Terms and Conditions.
Use and installation of an Ultra product assumes that the consumer, (“user”) fully accepts and agrees to the Terms and Conditions set forth in this document. Terms, Conditions, and Warranty are valid only in the continental United States. This limited warranty applies only to units remaining at the site of the original installation. Ultra reserves the right, in its sole discretion, to change its Terms and Conditions at any time, for any reason, without notice.
II. Product Warranty Limitations and Exclusions.
For products returned to Ultra following warranty guidelines, Ultra warrants this product against defects in material or workmanship as follows:
1. This limited warranty does not cover cosmetic damage caused during installation, damage due to acts of God, commercial use, accident, misuse, abuse, negligence, fire, water, lightning, or other acts of nature, or modification to any part of the product. Delivery and installation of the product, any additional parts required, as well as removal of the product if warranty work is required, are all at the sole cost, risk and obligation of the User.
2. This limited warranty does not cover damage due to improper installation of the product.
3. This limited warranty does not cover products sold AS IS or WITH ALL FAULTS.
4. Proof of purchase in the form of a bill of sale or receipted invoice, which is evidence that the product is within the warranty period, must be presented to obtain warranty service.
5. This limited warranty does not cover shipment of the product (shipping damage claims must be given to the shipper).
6. This warranty is invalid when factory-applied serial number has been altered or removed from the product.
7. The User must first contact Ultra Customer Service by telephone (at 1-800-343-9463) prior to attempting service on any product still under the limited warranty; else the limited warranty is voided.
8. This limited warranty does not cover any cause not relating to product defect.
9. THE REPLACEMENT OF THE PRODUCT AS PROVIDED UNDER THIS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF YOU, THE END USER, AS WELL AS ANYONE ELSE IN THE CHAIN OF TITLE OF THE PRODUCT, DOES NOT START A NEW LIMITED WARRANTY TIME PERIOD, AND IS IN LEIU OF ALL OTHER WARRANTIES (EXPRESS OR IMPLIED) WITH REGARD TO THE PRODUCT. IN NO EVENT SHALL ULTRA BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR CONTINGENT DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS PRODUCT. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. Some states do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights, and you may have other rights, which vary from state to state.
10. Failure of the User to comply with all of the product Installation Requirements and User Requirements may, at Ultra’s sole discretion, void this limited warranty.
11. No one has any authority to add to or vary the limited warranty on this product.
IV. Product Installation Requirements
(a) Prior to installing a Ultra product, the User must read the Ultra Owner’s Manual and thereafter the End User must follow the required installation and use procedures set forth by Ultra in Ultra’s Owner’s Manual. The Owner’s Manual is shipped with each product and if another copy is needed, replacement copies can be downloaded from Ultra’s website (www.ultrawineracks.com) or by contacting Ultra directly for a new copy of the Owner’s Manual.
(b) It is highly recommended that the User obtain the assistance of a wine storage professional.
(c) The User is responsible for all risks and costs of installation of the product, including but not limited to all labor costs as well as cost of any additional parts required for the proper and complete installation of the product. The User is responsible for all risks and costs of removing the product if limited warranty work is required.
V. Additional User Costs and Responsibility.
Responsibilities of the Purchaser, and/or items not covered under our Limited Warranty, include, but are not limited to, the following:
(a) All initial installation costs, including, but not limited to, labor costs and the cost of any additional parts necessary to complete the installation.
(b) All costs incurred for the installation and/or removal of the product, or any part thereof, unless such cost has been defined as a warranty repair prior to the work being performed.
(c) Purchasers should satisfy themselves that the product they are purchasing is suitable for their needs and requirements. No responsibility will be placed with Ultra for their decisions.
(d) It is the Purchaser’s responsibility to secure safe haven/storage for ANY AND ALL items that are being kept and stored in the user’s wine cellar. Ultra takes no responsibility for the safety and preservation of the aforementioned items in the event that the environment becomes unsuitable to maintain a proper storage environment. Additionally, Ultra takes no responsibility for any other damages, whether consequential, incidental, or otherwise.
VI. State Sales Tax.
Ultra only collects California sales tax for orders shipped within the State of California; Ultra does not collect sales tax for orders shipped to other states. However, the User may be liable to the taxing authority in their state for sales tax and/or use tax on the product. The User should check with their state’s taxing authority for sales and use tax regulations.
VII. Customer Service.
Ultra customer service department is available Monday through Friday, from 6:30 a.m. to 4:00 p.m. PST and is reachable by calling 1-800-343-9463 during the previously mentioned business hours.
VIII. Trouble Shooting.
The customer service department is available to answer any questions or inquiries regarding our product as well as to assist in doing basic and primary trouble shooting for any problems with our product. Warranty claims must be submitted after proper troubleshooting with the customer service department.
IX. General Provisions.
(a) Construction and severability. Every provision of these Terms and Conditions will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms and Conditions so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from these Terms and Conditions, and all other provisions will remain in full force and effect.
(b) Governing Law/Choice of Forum. The laws of the State of California (without regard for conflicts of law) shall govern the construction and enforcement of these Terms and Conditions, except that these Terms and Conditions shall be interpreted as through drafted jointly by Ultra and Purchaser. Any dispute will be resolved by the courts in the County of San Joaquin, State of California, and all parties, Ultra, Purchaser and User, hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
(c) Entire Agreement/No Waiver. These Terms and Conditions and the Limited Warranty incorporated herein by reference set forth the entire agreement between the parties and supersede all prior agreements or understandings, both written and oral, between the parties regarding the subject matter of this the Terms and Conditions and the Limited Warranty. The parties may modify this these Terms and Conditions or the Limited Warranty only through a writing signed by each. No waiver by Ultra of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
(d) Correction of Errors and Inaccuracies. These Terms and Conditions may contain typographical errors or other errors or inaccuracies. Ultra reserves the right to correct any errors, inaccuracies or omissions, and to change or update these Terms and Conditions, at any time without prior notice.
(e) Return Policy. All return inquiries must be made within thirty (30) calendar days of the original purchase of a product and are subject to a twenty five percent (25%) restocking fee. Shipping costs are not refundable and the Purchaser is responsible for all return shipping costs (including customs fees and duties, if applicable).
X. Questions or Additional Information.
If you have any questions regarding these Terms and Conditions or wish to obtain additional information, contact us via phone at 888-373-6057.