PLEASE READ THIS DOCUMENT CAREFULLY!

IT CONTAINS IMPORTANT INFORMATION

ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL

AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU

LIMITED WARRANTY AND TERMS CONDITIONS AGREEMENT

THIS AGREEMENT CONTAINS THE LIMITED WARRANTY AND TERMS AND CONDITIONS THAT APPLY TO ALL OF MEMORIES ON A BOTTLE’S PRODUCTS INCLUDING BUT NOT LIMITED TO WINE BOTTLES, GLASSWARE, GLASS, BRICKS AND SLATE.

1.GENERAL TERMS OF SALE

A.INSPECTION OF PRODUCT UPON RECEIPT. You must examine the Products when you receive them. If any item is damaged or missing, you must notify Memories on a Bottle within five (5) days from the date of delivery.

B.SHIPMENT TITLE. Memories on a Bottle will arrange to ship the Product and Accessories to your address. Title to the Product and Accessories passes to you upon delivery to the carrier and risk of loss passes to you upon delivery. The costs of shipping and handling will be shown on your packing slip, purchase receipt or invoice. Memories on a Bottle will inform you of estimated shipment dates, but it will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures, or acts of God.

C.PRICE PAYMENT. Your total price for the Product will be stated on your invoice. Prices and configurations advertised are subject to change without notice or obligation prior to acceptance of your order. Prices advertised do not include shipping and handling, or applicable sales taxes, and these will be added to the price you pay. Any existing or new taxes or fees charged by any governmental authority will be added to your invoice. NO ARTWORK OR PRODUCTION WILL BEGIN UNTIL PAYMENT IS RECEIVED.

D. ARTWORK APPOVAL. Prior to production and after pre-payment is received you, the purchaser, is required to approve final artwork and SPELLING. Your approval can be emailed or faxed. Once the artwork is approved NO REFUNDS ARE PERMITTED ON THE FINAL PRODUCT.

E. FINAL PLACEMENT. Memories on a Bottle has the final rights for placement of artwork on engraved products such as glassware, bottles, slate, mirrors, etc. Irrugular slate is not consistent and we can not be held responsible for final placement of engraved product.

2. PRODUCT DISCLAIMER

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR REVENUE, ECONOMIC LOSS, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT , YOUR TIME, THE CLAIMS OF THIRD PARTIES, AND INJURY TO PROPERTY, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, AND EVEN IF THE OTHER PARTY HAS BEEN

A.STATEMENT OF LIMITED WARRANTY. Memories on a Bottle Companies, Inc. warrants to the original end-user that the Product will be free from defects in materials and/or workmanship from the date of shipment.

THIS LIMITED WARRANTY COVERS NORMAL USE. MEMORIES ON A BOTTLE DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR:

1.DAMAGE DURING SHIPMENT, OTHER THAN ORIGINAL SHIPMENT TO THE CLIENT IF MEMORIES ON A BOTTLE'S CARRIER IS USED;

2.DAMAGE CAUSED BY IMPACT WITH OTHER OBJECTS, DROPPING, FALLS, OR HAMMERS.

3.DAMAGE CAUSED BY ANY OTHER ABUSE, MISUSE, MISHANDLING, OR MISAPPLICATION;

Shipping and handling charges are not refundable. MEMORIES ON A BOTTLE IS ALSO NOT RESPONSIBLE FOR ANY CUSTOMS FEES, TAXES, OR VAT THAT MAY BE DUE. YOU ARE RESPONSIBLE FOR THESE CHARGES, EVEN IF YOU REFUSE DELIVERY OF THE PRODUCT. ON ALL ORDERS FOR SERVICE, YOU ARE RESPONSIBLE FOR SHIPPING, HANDLING, AND INSURANCE CHARGES TO AND FROM MEMORIES ON A BOTTLE, CUSTOMS FEES, TAXES, OR VAT THAT MAY BE DUE.

4.TRADEMARKS. Memories on a Bottle, Inc. is the sole and exclusive owner of the name Memories on a Bottle and any and all Memories on a Bottle trademarks, trade names, trade logos and trade dress appearing on, attached to or described in the Products, and you acquire no rights to these trademarks.

5.SEVERABILITY. If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.

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