8.3Product Installation
The following parts or causes of failure are not the responsibility of the manufacturer: improper voltage supply, line set with screw connectors (high end and low end), leaks found at the braze points when performing pressure check, unit that has been charged incorrectly, incorrect tubing diameter used on line set, a unit that has been wired incorrectly. (Refer to page 19 of Split System Manual), valve stem on condenser side, improper installation of
8.4User Costs and Responsibility
The following items are not covered under warranty and are the sole responsibility of the user:
(a)Costs incurred for the installation and removal of the product.
(b)Purchasers (users) are reminded that they should satisfy themselves that the product they have purchased is suitable for their needs and requirements and no responsibility will be placed with Vinothèque for their decisions.
(c)It is the user’s responsibility to secure safe haven/storage for ANY AND ALL items that are being kept and stored in the user’s wine cellar. Vinothèque takes no responsibility for the safety and preservation of the aforementioned items in the event that the environment becomes unsuitable to maintain proper storage.
8.5Arbitration
Any disputes arising out of or in connection with the installation and warranty of the Split System shall be referred to and finally resolved by a Vinothèque approved Independent Certified HVAC Technician. The evaluation of the Technician on all issues or matters of identifying the responsible party (Vinothèque or Installing Technician) shall be determined in a written report. This report will be made available to all concerned parties. If discovered under warranty, Vinothèque will assume the financial responsibility under their warranty guidelines. If the report finds the Owner’s Installer as the responsible party, Vinothèque will provide all documentation to the customer to substantiate the findings. This will include the Invoice from the Independent Certified HVAC Technician and the written report of the findings. The Owner will become responsible for payment directly to Vinothèque for all charges incurred for repairs (labor, parts and shipping costs) on the Split System.
9.General Provisions
Responsibilities of the Purchaser, and/or items not covered under our Limited Warranty, include, but are not limited to, the following:
(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 extend so held, be deemed severed from these Terms and Conditions, and all other provisions will remain in full force and effect.