Please read the attached Terms and Conditions and visit www.napatechnology.com for the full End User Software License Agreement.
- WineStation Standard Warranty is 12 months parts and 3 Months onsite labor. Extended Warranty and Warranty upgrades are available for purchase
- Customers providing UPC/Wine or other Databases and Data Tables to Napa Technology acknowledge that Napa Technology will merge data into the Napa Technology Global Database and this database will be used worldwide by Napa Technology.
- WineStation has been tested by Napa Technology to meet UL Safety Requirements and the CleanPour Dispensing Head has successful passed UL Sanitary (NSF 169) testing, however, customers must verify that the installation of WineStation at their location meets all of their local fire, electrical, health department, liquor, and zoning laws. Failure to pass inspection or obtain proper licenses does not constitute a right of cancellation or return.
- This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Napa Technology, LLC or its subsidiaries, affiliates, and suppliers (collectively “Napa Technology, LLC”) own intellectual property rights in the Software Product. The copy of WineStation Software (“the Software Product”)being quoted/offered and accompanying documentation is licensed and not sold. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of Napa Technology End User License Agreement (“Agreement”).
- Napa Technology is required by law to collect sales tax from all customers in the states of California, Illinois, and Nevada. All sales outside of these states are subject to local sales/use tax regulations. It is the customer’s responsibility to report purchases made from Napa Technology to their local tax agency and follow their state’s sales/use tax requirements. From time to time Napa Technology does report sales information to state tax agencies if applicable.
A 30% restocking fee will be charged on canceled orders. A 50% restocking fee will be charged on any orders that have been shipped. No returns are applicable to products that have been installed.8. Receipt of payment by Napa Technology for the products and services listed constitutes as an agreement to all terms and conditions outlined in this form.
- New customers email will be added to the Napa Technology monthly newsletter, which can be opted out at any time.
U.S. Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
These terms and conditions (“Agreement”) apply to your purchase of Napa Technology WineStation systems and Licensing of its AccuServe software and/or related products and/or services and support sold in the United States (“Product”) by the Napa Technology entity named on the invoice or acknowledgment (“Napa Technology LLC”) provided to you. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Napa Technology LLC immediately and return your purchase pursuant to Napa Technology’s Return Policy.
If returned/canceled, Product(s) must remain in the boxes in which they were shipped. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH NAPA TECHNOLOGY LLC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER NAPA TECHNOLOGY LLC TERMS AND CONDITIONS APPLY TO THE TRANSACTION.
- Other Documents: This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Napa Technology. If you do not receive an invoice or acknowledgment in the mail or via e-mail, or with your Product, information about your purchase may be obtained by contacting your sales representative.
- Payment Terms,Orders,Quotes,Interest: Payment terms are within Napa Technology LLC’s sole discretion, and, unless otherwise agreed to by Napa Technology LLC, payment must be made at the time of purchase. Payment for Products may be made by credit card or some other prearranged payment method. Napa Technology LLC may invoice parts of an order separately. Your order is subject to cancellation by Napa Technology LLC, at Napa Technology LLC’s sole discretion. Unless you and Napa Technology LLC have agreed to a different discount, Napa Technology LLC’s standard pricing policy for Napa Technology’s branded systems, which include both hardware and software in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. Napa Technology LLC is not responsible for pricing, typographical, or other errors, in any offer by Napa Technology LLC and reserves the right to cancel any orders resulting from such errors.
- Shipping Charges, Taxes, Title, Risk of Loss: Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by Napa Technology LLC is Napa Technology ‘s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Napa Technology LLC within 10 days of the date of your invoice or acknowledgment if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Napa Technology LLC with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. Title to software will remain with the applicable licensor(s). Shipping is FOB Henderson, NV.
- Warranties: THE LIMITED WARRANTIES APPLICABLE TO NAPA TECHNOLOGY LLC BRANDED HARDWARE PRODUCT CAN BE FOUND IN PRODUCT MANUAL WHICH IS AVAILABLE FOR DOWNLOAD FROM WEBSITE.
- Software: Napa Technology retains sole ownership of its software package and is providing you a limited use license that must be renewed annually. Napa Technology reserves the right at its sole discretion to refrain from providing hardware or software service and support or offer accessories for sales and if need be disable the software in person or log in from a remote site if the WineStation software license is out of compliance.
- Database Information: All information attained through the use of WineStation by Napa Technology, LLC will be the property of Napa Technology and provided to Napa Technology, LLC without restrictions. Napa Technology, LLC reserves the right to permanently access (on-site or remotely), download and utilize at its sole discretion without any limitations or liability (financial or any other form) all information obtained and contained in the WineStation Database. Resale of any information attained through the use of WineStation by Napa Technology, LLC by the customer without written approval by Napa Technology is strictly prohibited.
- Return Policies: Exchanges You must contact us directly before you attempt to return the Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for the risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Napa Technology LLC, Napa Technology LLC is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Napa Technology LLC’s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. Customers will not be refunded any merchant fees or other transaction costs associated with purchases made by credit card (or debit card) or other financial instruments.
- Customers are hereby advised that in cases for which the return request is made due to a lack of approval from the local jurisdiction or governing body a refund will not be provided. Customers are advised to have all permitting activities completed prior to shipment.
- Changed or Discontinued Product: Napa Technology LLC’s policy is one of ongoing update and revision. Napa Technology LLC may revise and discontinue Product at any time without notice to you and Napa Technology LLC will ship Products that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Products may be new, equivalent-to-new, or reconditioned.
- Service and Support: Service offerings may vary from Product to Product. If you purchase optional services and support from Napa Technology LLC, Napa Technology LLC will provide such service and support to you in the United States in accordance with the terms and conditions of located in the documentations Napa Technology LLC provides with the product Napa Technology LLC and/or its designated third-party service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Napa Technology LLC has no obligation to provide service or support until Napa Technology LLC has received full payment for the Product or service/support contract you purchased.
- United States customers Warranty: Napa Technology products, are covered from the date of purchase by a 12-month limited liability parts (with the exception of consumable parts), 90-day phone support (during normal business hours of 8 AM-5:00 PM Local Time Monday thru Thursday, 8 AM-9 PM Friday, 8 AM-8 PM Saturday-Sunday) and 90-day labor warranty (during normal business hours of 9 AM-5:00 PM Local Time Monday thru Friday) for defects in materials and workmanship. Warranty support covers parts and labor assistance to enable the intended functionality of the product and software. This warranty does not apply if, in the sole judgment of Napa Technology, the product fails due to damage from storage, accidents, abuse, misuse, fire, water, acts of nature or if it has been used or maintained in a manner not conforming to product instructions, has been modified in any way, or has a defaced or removed serial number. Repair by anyone other than Napa Technology or an approved agent voids this warranty. Limitation of Liability. NAPA TECHNOLOGY LLC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NAPA TECHNOLOGY LLC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, NAPA TECHNOLOGY LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
- Applicable Law Not For Resale or Export: You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
- Governing Law: THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND NAPA TECHNOLOGY LLC arising from or relating to this agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this agreement, Napa Technology LLC’s advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
- Headings: The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
- Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND NAPA TECHNOLOGY LLC, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “Napa Technology LLC”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Napa Technology LLC’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect. The arbitration will be limited solely to the dispute or controversy between customer and Napa Technology LLC. NEITHER CUSTOMER NOR NAPA TECHNOLOGY LLC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Napa Technology LLC will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys’ fees if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.