Terms of Service
This agreement is between the purchaser and Engineering Investments, LLC dba GOfermentor (“Company”). By purchasing any product from GOfermentor, you agree to the following terms and conditions.
1. Definitions
“Effective Date” means the date of purchase. “Product(s)” means the items sold by the Company. “Party/Parties” refers individually or jointly to the buyer and seller.
2. Agreement Commencement
This agreement takes effect upon purchase and constitutes consideration for the product sale. Purchasers acknowledge entering this agreement voluntarily with full knowledge of its consequences.
3. Limited Warranty & Exclusions
Warranty Coverage: All Products shall be free from defects in workmanship and materials under normal use and conditions for a period of one (1) year from the date of purchase, with the exception of one-time use items such as liners. This warranty applies only to the original purchaser and is void upon sale or transfer of the product.
Exclusions: This warranty does not cover damage resulting from improper use, normal wear and tear, installation errors, failure to follow instructions, negligence, misuse, abuse, accidents, alterations, modifications, tampering, or unauthorized repairs.
Other Warranties Disclaimed: All Products are sold “as is” and the Company expressly disclaims all other warranties, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
4. Sole Remedy & Liability Limits
The Company will, at its sole discretion, repair or replace defective products covered under warranty. If such remedy fails, the Company will refund the purchase price minus return shipping costs.
The Company shall not be liable for any consequential, incidental, or indirect damages, including but not limited to loss of grapes, or dissatisfaction with the quality of wine produced.
5. Risk Assumption & Release
Purchasers assume all risks associated with the use of the Products and release the Company from any and all liability claims arising from product use.
6. Indemnification
Purchasers agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents against any claims, damages, losses, or expenses arising from the use or misuse of the Products.
7. Non-Applicability
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.
8. Governing Law
All disputes arising from this agreement shall be governed by the laws of the State of New Jersey and shall be submitted to the jurisdiction of the federal and state courts located in Somerset County, New Jersey.
9. California Civil Code Section 1542
Purchasers expressly waive any rights under California Civil Procedure Section 1542, which provides that a general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release.
Contact
For questions about these terms, contact us at tech@gofermentor.com or call (877) 377-5359.
