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Wine Cellar Doors, Inc.
Warranty Explanation & Terms and Conditions |
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| ATTENTION PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE INSTALLING YOUR Wine Cellar Door. INSTALLING YOUR Wine Cellar Door INDICATES THAT YOU ACCEPT AND AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN ("TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU RISK ASSUMING ADDITIONAL REPAIR AND REPLACEMENT COSTS. |
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| Acceptance of Terms and Conditions |
Use and installation of a Wine Cellar Door, Inc. door assumes that the consumer, (“user”) fully accepts and agrees to the Terms and Conditions set forth in this document. These Terms & Conditions also state that by signing and returning this document, you are certifying you have read, understand and agree to our Terms & Conditions. Vinothèque reserves the right, in its sole discretion, to change its Terms & Conditions at any time, for any reason, without notice. |
| Warranty |
| Subject to the conditions and exclusions stated below, Wine Cellar Doors, Inc., (WCD, Inc.) warrants that each pre-hung door will be free from defects in material and workmanship which would render the product unfit for normal and recommended use and service when installed in the continental USA. WCD, Inc. warrants this product only to the first purchaser of this product for purposes other than resale, or to the original purchaser of the residence into which such door is installed. This warranty covers only defects which become evident during the periods outlined below, provided that the owner gives written notice of such defects and pictures of the defects to Wine Cellar Doors, Inc., 1738 E. Alpine Ave, Stockton, CA 95205, within the applicable time period. |
| Wood Millwork |
| WCD, Inc. offers a limited warranty for one (1) year on all wood doors, from date of first purchase of the door, this warranty assuring that each such door, for this period, is of good material and workmanship and free from defects that would render the door unserviceable or unfit for the ordinary, recommended use. This warranty shall be void if the door has not been stored, installed, and maintained in a good and workmanlike manner. The following shall NOT be considered defects in Material or Workmanship, and are NOT covered by this warranty: |
- Warp for any 6’8” high door shall not exceed one-fourth inch in any plane of the door. Warp for any 8’0” high door shall not exceed one-half inch in any plane of the door. Doors wider than 36” or higher than 96” are not warranted against warp. Warp is any distortion in the door itself, and does not refer to the frame or jamb in which it is hung. The term warp shall include the related terms of bow, cup, and twist. If the claimed nonconformity is warp, WCD, INC. may defer repairing or replacing the product for a period up to twelve (12) months from the date of the claim or the date when the product was installed, as it is not uncommon for a temporary warp condition to occur as the door adjusts to local humidity and temperature conditions.
- Variations or unsatisfactory results in the finish, texture, or appearance resulting from the application of paint or other finishing materials on unfinished doors.
- Natural variation in wood color or texture, and the natural surface checking of the wood.
- Damage caused beyond the control of WCD, INC., including but not limited to damage caused by misuse, abuse, accident, or mishandling, or by fire, flood, earthquake, storm, tornado, or other acts of nature.
- Damage caused by failure to perform normal homeowner maintenance, or by attempts other than by WCD, INC. to repair the door.
- Surface checks in the doors that are less than 1/16 in width or less than 2 in length.
- Panel movement or shrinkage of 3/16 or less. Temperature, humidity and direct sunlight may cause the wood panels in your door to shrink slightly, leaving an unstained line along the edge of the panel.
- Appearance or performance of a knot in any Knotty Alder, Pine or Teak door.
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| Decorative Glass Panels & Wrought Iron Grilles |
WCD, Inc. does not warrant any product against glass breakage or glass damage for any reason. The following Glass Panel warranties shall be void if the unit has not been stored, installed, and maintained in a good and workmanlike manner, or if the damage is resulting from exposure due to installation in an unprotected opening, such as an installation without sufficient protection, which causes the door and glass panel to be exposed to an unusual amount of direct sunlight and/or precipitation.
Wrought Iron Grilles
WCD, Inc. does not warrant any wrought iron product against rusting or metal deterioration, or the appearance of the decorative wrought iron grilles. Occlusions and small imperfections in glass products are not considered defects unless visible by the naked eye or camera optics for a distance no less than three feet from the glass panel. Decorative glass and internal iron glass has an inherent tendency to rattle when opening or closing. This is considered a normal characteristic and is not considered a defect. |
| Claims Procedure and Limit on Remedies |
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- All warranty claims must be presented within the warranty period in writing.
- Photographs must be submitted with any warranty claim. Digital photographs must include exterior pictures of the door installed and the overhand present at the installation site.
- Onsite inspect will only occur after properly documented claims are submitted.
- Any claim made without photographs or without adequate photographs will be required to be resubmitted with additional photographs.
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All warranty claims must be presented as outlined above, within the warranty period for the specific product.
This constitutes the purchasers sole and exclusive remedy under any claim or theory of liability. There are no warranties, which extend beyond the description on the face hereof. All implied warranties, including merchantability, are excluded. WCD, INC. shall not be liable for consequential, indirect, or incidental damages of any nature including, without limitation, labor cost of any kind arising from or in connection with an alleged breach of any warranty or negligence on the part of WCD, INC. In no event shall WCD, INC. pay for the cost of labor, installation or finishing of a replacement or original door of for any other cost relating to the replacement of a door, all of which shall be the sole responsibility of the person making the warranty claim. |
| Exclusions |
The terms of this warranty exclude failures, which are the result of or involve:
- Accident, abuse or improper use.
- Damage due to freight carriers, common carriers, private transportation or any other means of transportation or handling, following arrival at the port of destination.
- Misapplication, faulty building construction or design, including but not limited to installation or use in areas or high vibration.
- Exposure of the door or its systems (before installation of the door) to the elements, improper or insufficient handling storage, installation, maintenance or service.
- Fire, corrosive fumes, acts of God, and /or any events or actions beyond the control of the manufacturer.
- All components, parts, glass and labor supplied by parties other than manufacturer, or its agents.
- All doors repaired or replaced without prior consent to the manufacturer's expressed written approval.
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| Terms and Conditions |
| Order Acceptance Policy |
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Customer’s receipt of an electronic or other form of order confirmation does not signify WCD Inc.’s acceptance of Customer’s order, nor does it constitute confirmation of WCD Inc.’s offer to sell. All orders are accepted in Stockton, California. WCD Inc. reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If a product is listed at an incorrect price due to typographical error or error in pricing information received from WCD Inc.’s suppliers, WCD Inc. shall have the right to refuse or cancel any orders placed for the product(s) listed at the incorrect price whether or not the order has been confirmed and whether or not payment has been remitted. If payment has been remitted for the purchase and WCD Inc. cancels Customer’s order, WCD Inc. shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order. |
| Cancellation |
To cancel an order you had placed, you must notify us in writing by fax or e-mail, quoting your name, address and contact telephone number. Our company details and address for the purpose of postal notification of cancellation is:
Wine Cellar Doors, Inc.
1738 E. Alpine Ave.
Stockton, CA 95205
Email:
The purpose of our cancellation policy is to allow the customer to withdraw from the purchase contract. However, there are certain important conditions and limitations. Please read them carefully: |
- Cancellation must be in writing by fax or email with confirmation. A telephone call is not sufficient.
- Order cancellations will not be accepted once the door has commenced production.
- Order cancellations will not be accepted for orders already shipped.
- Order cancellations will not be accepted for custom orders or for merchandise made specifically for customer's use. ALL SALES ARE FINAL FOR CUSTOM ORDERS, any deposits will be forfeited.
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| Payment Terms |
| Terms of payment are within WCD Inc.’s sole discretion and unless otherwise agreed to by WCD Inc., payment must be received or otherwise authorized or secured in a form approved by WCD Inc. prior to WCD Inc.’s acceptance of an order. Payment for the products will be made by approved credit card, or some other prearranged payment method agreed to by WCD Inc. Invoices are due and payable at the time of placing an order through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between WCD Inc. and the customer. WCD Inc. may invoice parts of an order separately. Orders are not binding upon WCD Inc. until accepted by WCD Inc. (see Order Acceptance Policy). Any quotations given by WCD Inc. will be valid for the period stated on the quotation. WCD Inc. reserves the right to adjust or cancel quotations as required. |
| Shipping |
Shipping rates are for standard curbside delivery only and do not include any added services or special equipment. Re-consignment of freight in transit is the sole responsibility of the recipient and may cause additional charges to be paid. Customer is responsible to inspect freight for shortages or signs of damage upon receipt of goods. All freight loss and damage claims must be filed in writing with WCD Inc. within 48 Hours from the date the shipment was delivered. WCD Inc. shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported. |
| Estimated Lead Times |
| All written and verbal lead times are non-binding good faith estimates based on historical material availability? |
| Design Modification |
All products included in this web site and offered for purchase may have modifications that differ slightly from photographic representation. The WCD Inc. will always send the same model as specified on the written order regardless of the photograph present on the work order. The photographs are for identification purposes only and the design of the door, glass, or finish may be changed without notice. Each door is hand crafted and may have characteristics of its own design. |
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| State Sales Tax |
We only collect California Sales Tax for orders made and shipped within CA; we do not collect sales tax for orders shipped to other states. However, you may be liable for sales tax to your state on the merchandise you receive. You may want to check with your state’s tax authority for “use tax” regulations. |
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| Warranties |
WCD Inc. makes no express warranties except those stated in this agreement and in WCD Inc.’s applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective. Use of product shipped constitutes acceptance. |
| Disclaimer |
WCD INC. expressly disclaims all other warranties, guarantees or representations, whether express, implied, or statutory, including any implied warranty of merchantability or fitness for a particular purpose. WCD INC. also disclaims any implied warranty arising out of trade usage or out of a course of dealing or course of performance. WCD INC. does not warrant that all products comply with specific geographical compliance or regulatory restrictions. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. |
| Limitation on Damages |
WCD INC. does not accept liability beyond the remedies set forth herein. WCD INC. will not be liable for lost profits, loss of revenue or of business or other consequential, special, indirect, or punitive damages, even if they were foreseeable or if WCD INC. was advised of the potential of such damages, or for any claim by any third party except as expressly provided herein. Customer agrees that for any liability related to the purchase of products or services, WCD INC. is not liable or responsible for any amount of damages above the agreeable dollar amount of damages about the aggregate dollar amount paid by the customer for the purchase(s) under this agreement. This limitation will apply regardless of the form of action (i.e. whether the lawsuit is in contract or in tort, including negligence). |
| Return and Exchange Policy |
All sales are final. WCD Inc. monitors product shipments and provides customer assistance in the event of carrier problems or destination errors. For inquiries regarding damaged or defective products, please refer to the warranty that obtains for a specific product, or e-mail us at rbradley@vinotheque.com Prior to signing for receipt of goods, it is the customer’s responsibility to inspect the product packaging for any indication that damage to the product may have occurred in transit. Failure to do so can void damage claims. |
| 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 the Terms and Conditions shall be interpreted as through drafted jointly by Vinotheque and the Purchaser. Any dispute will be resolved in a state or federal court situated in the County of Santa Clara, State of California, and the Purchaser hereby irrevocably submits 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 Vinothèque 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. Vinothèque 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. |
| 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 1-800-343-9463 or please send a letter via U.S. Mail to:
Vinothèque Wine Cellars
1738 E. Alpine Ave
Stockton, CA 95205 |
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