PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
WINE RACKS AMERICA, INC. LIMITED WARRANTY AND SALES TERMS AND CONDITIONS FOR WINE CELLAR KITS PRODUCTS (All Models)
THIS AGREEMENT CONTAINS THE LIMITED WARRANTY AND SALES TERMS AND CONDITIONS THAT APPLY TO WINE RACKS AMERICA, INC.’S WINE CELLAR KIT LINE OF PRODUCTS AND RELATED PRODUCTS PURCHASED DIRECTLY FROM WINE RACKS AMERICA, INC. (THE “COMPANY”), OR ONE OF ITS AUTHORIZED RESELLERS (“RESELLER”).
THE TERM “PRODUCT” MEANS THE COMPANY PRODUCT(S) DESCRIBED IN YOUR PURCHASE RECEIPT AND INVOICE. YOU AGREE THAT THIS AGREEMENT APPLIES TO YOUR PURCHASE OF THE PRODUCT(S) AND ANY ACCESSORIES. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE BELOW.
1. General Terms of Sale
(a) Your total price for the Product(s) and any accessories will be stated on your purchase receipt and invoice. Prices and configurations advertised are subject to change without notice or obligation prior to acceptance of your order. Prices advertised do not include shipping and handling, or applicable sales taxes, and these will be added to the price you pay. Any existing or new taxes or fees charged by any governmental authority will be added to your invoice.
(b) The Company will arrange to ship the Products and any accessories to your address. Title to the Products and accessories passes to you upon delivery to the carrier and risk of loss passes to you upon delivery. The costs of shipping and handling will be shown on your packing slip, purchase receipt or invoice. The Company will inform you of estimated shipment dates, but it will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures, or acts of God.
(c) You must examine the Products and any accessories when you receive them. If any item is damaged or missing, you must notify the Company within ten days from the date of delivery.
2. Return Policy on Standard, Non-Customized Products
(a) You may return a Product within 30 days after the order date for a full refund of the purchase price less a 10% restocking fee. The Company will refund this adjusted purchase price of the Product and any related sales taxes.
SHIPPING & HANDLING, DELIVERY AND SIMILAR FEES ARE NOT REFUNDABLE. RETURN SHIPPING FEES ARE ALSO NOT REFUNDABLE. YOU ARE RESPONSIBLE FOR PRODUCTS UNTIL THE COMPANY RECEIVES THEM. PRODUCTS RETURNED MORE THAN 30 DAYS AFTER THE ORDER DATE WILL NOT BE REFUNDED. ALL RETURNS, OTHER THAN YOUR FIRST RETURN ASSOCIATED WITH ANY ONE ORDER, WILL BE CHARGED A 20% RESTOCKING FEE.
(b) Returned Products must be in the same condition as you received them. THIS RETURN POLICY IS NOT A WARRANTY.
NOTE: The Company will not accept for return any Products you purchased from a reseller.
3. Return and Cancellation Policies on Custom Products
(a) Custom built wine racks and wine cellars are not returnable; items other than “off the shelf” products are considered custom. Upon receipt of a custom order contact us within 24 hours to report any problems. Custom wine racks and wine cellars, by their nature, are products and materials which have been assembled to your order specifications. Once your custom product begins production you agree that your order cannot be cancelled, returned or refunded.
(b) All wine cellar doors are considered custom. During the design and sale of your door you sign off on your design and release your door for production. Once production begins your order cannot be cancelled and is neither returnable nor refundable.
4. Product Limited Warranty; Disclaimer of Warranties
(a) The Company warrants that the Products (excluding Accessories) will be free from defects in materials and workmanship for the lifetime of the original owner. During the warranty period, the Company will, at its option: (1) provide replacement parts necessary to repair the Products, or (2) replace the Products with a comparable product. Any replacement parts or Products will be new or serviceably used, comparable in function and performance to the original part or Product, and warranted for the remainder of the original warranty.
(b) The Company shall have no obligation to you with respect to providing any warranty on any Products for which the Company has not received full payment from you.
THE COMPANY’S WARRANTY DOES NOT EXTEND BEYOND THE ORIGINAL BUYER AND MAY NOT BE TRANSFERRED, ASSIGNED OR PASSED THROUGH BY YOU. THE COMPANY’S WARRANTY DOES NOT COVER INTENTIONAL ACTS AND ACTS OF NEGLIGENCE OF YOU OR OF ANY THIRD PARTY. THE COMPANY’S WARRANTY DOES NOT COVER ACTS OF GOD. IF YOU FAIL TO FOLLOW THE COMPANY’S ASSEMBLY INSTRUCTIONS FOR THE PRODUCT(S), INCLUDING BUT NOT LIMITED TO, FAILING TO ANCHOR THE PRODUCT(S) TO A WALL STUD, FAILING TO PROPERLY SUPPORT THE PRODUCT(S), TOP LOADING THE PRODUCT(S), OR INSTALLING THE PRODUCT(S) ON UNEVEN SURFACES, THE WARRANTY PROVIDED FOR HEREIN IS VOID. IF YOU USE THE PRODUCT(S) FOR ANY PURPOSE, OTHER THAN THEIR INTENDED PURPOSE, THE WARRANTY PROVIDED FOR HEREIN IS VOID.
(c) THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS. ANY IMPLIED WARRANTY IS LIMITED IN SCOPE AND DURATION TO THE LIMITED WARRANTY AND PERIOD DESCRIBED IN SECTION 3(a) ABOVE. NO ORAL OR WRITTEN INFORMATION (INCLUDING BUT NOT LIMITED TO THE LIMITED MONEY BACK GUARANTEE), OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
(d) The Company undertakes no responsibility for the quality of the Products or that the Products will be fit for any particular purpose for which you may be buying the Products, except as otherwise provided in this Agreement, and the Company disclaims all other warranties and conditions, express or implied. The right to return defective Products, as described above, shall constitute the Company’s sole liability and your exclusive remedy in connection with any claim of any kind relating to the quality, condition or performance of any Products, whether such claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, or otherwise.
(e) THE COMPANY (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE “COMPANY AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCTS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOSS OF THE GOODS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, YOUR TIME, LOST GOODS, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF THE COMPANY OR ANY OF THE COMPANY AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
(f) IN NO EVENT SHALL THE COMPANY OR ANY COMPANY AFFILIATE BE LIABLE TO YOU OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS ACTUALLY DELIVERED TO AND PAID FOR BY YOU HEREUNDER.
(g) THE COMPANY DOES NOT WARRANTY ANY ACCESSORIES. Please refer to the individual warranty provided by the manufacturer of each accessory. Defective accessories that are delivered with your Products will be replaced by the Company or its suppliers for one year from the date you ordered your Product. YOU ARE RESPONSIBLE FOR THE ACCESSORIES UNTIL THE COMPANY RECEIVES THEM, AND YOU ARE RESPONSIBLE FOR ALL SHIPPING, HANDLING, AND INSURANCE CHARGES.
(h) THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
(i) WEBSITE COLOR DISCLAIMER. Images of wood coloration, textures and finish colors on our web site are approximate. The color and tone of natural wood products will vary from production run to production run. Due to the limitations of photography and the relative inconsistencies of various display monitors, the colors you see on your screen may not be a totally accurate reproduction of the actual product. We strive to make our product colors as accurate as possible, but screen images are intended as a guide only and should not be regarded as absolutely correct. If you would like to see a sample of any wood product shown on our site, please call Customer Service at (888) 373-6057.
5. Technical Support
The Company provides technical support for products at no additional charge. The Company may change the means through which it provides technical support at any time. THE COMPANY DOES NOT GUARANTEE ISSUE OR ERROR RESOLUTION FOR ALL PROBLEMS YOU EXPERIENCE WITH A PRODUCT.
6. Dispute Resolution
(a) You agree that any dispute between you and the Company will be resolved exclusively and finally by arbitration administered by the American Arbitration Association (AAA) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute between you and the Company. The arbitration shall be held in Salt Lake City, Utah by submission of documents, by telephone, on-line or in person. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a dispute in a forum other than AAA, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees and disbursements, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision.
(b) YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THAT RIGHT AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION.
(c) This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act
(d) For the purposes of this section, the term “dispute” means any dispute, controversy, or claim arising out of or relating to: (1) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (2) the purchase or use of any Product, accessory, service or otherwise from the Company; the term “Company” means the Company, its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents or assigns; the term “you” means you, the original purchaser, your agents, beneficiaries, or heirs.
You agree to indemnify, defend, release, and hold harmless us, our affiliates, and our respective directors, officers, employees, and agents from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney’s fees, related to your violation of these terms, or your access or use of the website or any of the information or materials available, or Products purchased, through our website.
This Agreement is governed by the laws of the State of Utah, without giving effect to conflicts of law rules. You may not assign this Agreement without the Company’s prior written consent. The Company and its affiliates are intended beneficiaries of this Agreement. In case of any inconsistency between this Agreement and any other agreement, included with or relating to your Product, this Agreement shall take precedence. If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.
Wine Racks America, Inc. reserves the right to update or change these terms and conditions from time to time. Check back periodically to see the latest version of this document.