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7. Purchaser understands and acknowledges that the goods sold here are wine coolers,
appliances, cigar humidors, and/or other similar units which may house wine or cigars or other
consumables. 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
perils that might occur.
8. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, SELLER IS NOT RESPONSIBLE
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THERE ARE NO WARRANTIES,
EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE
HEREOF; WARRANTY AND LIABILITY ARE NON-TRANSFERABLE. THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE
ARE HEREBY EXPRESSLY DISCLAIMED. SELLER DISCLAIMS ANY INDEMNIFICATION FOR
CLAIMS OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OF PROTECTABLE
NATURE.
9. 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 thirty days of the occurrence giving arise to the claim and wait an additional thirty
days for a response before initiating any legal action. Any legal proceeding arising out of or
relating to these terms and conditions or to the goods sold generally shall be brought solely in
Clark County. The prevailing party in any such proceeding is entitled to its attorney's fees and
costs. In no event may Purchaser initiate any legal proceeding more than six months after the
occurrence of the event giving rise to the dispute.
10. Delivery is curbside. Upgrades in delivery will require an additional fee.
The above terms and conditions are the only ones governing this transaction and Seller makes no
oral representations of any kind. These Terms and Conditions can only be modified in writing,
signed by both Purchaser and Seller. 03/18/2021
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