TERMS OF USE:

 

WHO WE ARE

Welcome to JOHNNY’S APPLIANCES & CLASSIC RANGES! We seek to provide you with excellent sales and service of classic restored American appliances. Unfortunately, no sales currently occur by electronic means from this website, but must be placed via phone at (707)996-9730. However, all products and services are subject to the following terms and conditions which you hereby accept if you visit this website and place an order thereafter. Please read all of these “TERMS OF USE” carefully and completely.

EMAIL OR WEB-BASED COMMUNICATIONS

When you visit this website or send e-mails to JOHNNY’S APPLIANCES, you consent to receive similar communications from JOHNNY’S APPLIANCES in the same manner and/or by phone. You hereby agree that our posting of these TERMS OF USE, and any amendments hereafter, represent a writing for the purpose of complying with any requirements of a written contract. JOHNNY’S APPLIANCES reserves the right to amend these TERMS OF USE at any time as to any future transaction.

COPYRIGHT & TRADEMARKS

All web pages, content therein, or other electronically communicated documents of any kind are the property of JOHNNY’S APPLIANCES and are protected by the copyright laws of the United States of America and international law. “JOHNNY’S APPLIANCES & CLASSIC RANGES” and “JOHNNY’S APPLIANCES” are the trademarked names of JOHNNY’S APPLIANCES & CLASSIC RANGES and may not be used except with written permission. Limited permission is hereby given, subject to revocation at any time, to web-based search engines for the limited purpose of providing web search capabilities to/of this website.

JOHNNY’S APPLIANCES does not own nor claim an interest in any other trademarks shown at this site and their use is merely coincidental to the legal sale of such products as may herein be described. Such trademarks are the property of their respective owners, if any, and such owners are not affiliated with JOHNNY’S APPLIANCES.

RISK OF LOSS

If you make a purchase of any item from JOHNNY’S APPLIANCES, except as may otherwise expressly be stated in writing, it is “AS-IS” (but see "LIMITED WARRANTY" paragraph, below, with regard to certain California Counties only). All items are sold F.O.B. Sonoma County, California. What this means is that if we ship an item to you, we bear the risk of any loss in putting it into the shipper’s hands, but you bear the risk of loss during shipping and thereafter. Please ask about shipping insurance, which is not included in any purchase price unless expressly stated.

DESCRIPTIONS OF ITEMS

We strive to be as accurate as reasonably possible in the preparation and maintenance of the information on this website. However, we cannot and do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product purchased by you from us is not reasonably as described, your only and sole remedy is to return it to us in unused condition. Items damaged in shipping or thereafter may not be returned. Except as expressly stated herein, ALL SALES ARE FINAL.

Except as may be expressly stated in writing, this website and all therein shown products are “AS IS”. JOHNNY’S APPLIANCES makes no representations or warranties, either express or implied, of any kind with respect to this website, its operations, contents, information, materials or the products and services therein shown. JOHNNY’S APPLIANCES expressly disclaims all warranties, express or implied, of any kind with respect to this website, its operations, contents, information, materials or the products and services therein shown, including but not limited to merchantability and fitness for a particular purpose. By using this website or making a purchase thereafter, you agree that JOHNNY’S APPLIANCES, its owner(s), directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of this website, its operations, contents, information, materials or the products and services therein shown. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

FURTHER DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY JOHNNY’S APPLIANCES ON AN "AS IS" AND "AS AVAILABLE" BASIS. JOHNNY’S APPLIANCES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. BY ENTERING OR USING THIS SITE, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JOHNNY’S APPLIANCES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JOHNNY’S APPLIANCES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM JOHNNY’S APPLIANCES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JOHNNY’S APPLIANCES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITED WARRANTY

If expressly provided in a written sales agreement, appliances are sold subject to a ninety (90) day guarantee of parts and services for appliances put into service in Sonoma, Napa, Marin, and San Francisco Counties, of the State of California, only. Any such guarantee is void if such appliances are moved out of these counties. For sales with delivery outside such counties, there are no warranties, express or implied.

JURISDICTION AND APPLICABLE LAW

By entering or using this website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these TERMS OF USE and any dispute of any sort that might arise between you and JOHNNY’S APPLIANCES. All sales and/or transactions made are made at Sonoma County, California, not at the situs/location of any purchaser or user of this website, and are not subject to the jurisdiction of any state or government other than California. Except as JOHNNY’S APPLIANCES may designate or agree in writing, the Superior Court of the State of California, County of Sonoma, shall be the sole court having jurisdiction and venue for any dispute of any sort that might arise between you and JOHNNY’S APPLIANCES and by entering or using this website you irrevocably consent to its jurisdiction in regards thereto.

NO OFFER & PRICING

All prices shown on this website are subject to change at any time without notice. All items are subject to prior sale and/or may be withdrawn from the market at any time without notice. No offer to sell is made at this website (or by any information provided at this website) and statement of a price or the availability of an item shown herein is merely as a convenience and is subject to potential actual sales agreement.

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that JOHNNY’S APPLIANCES is not responsible for the operation of or content located on or through any such site.

SALES TAXES

JOHNNY’S APPLIANCES automatically charges and withhold the applicable sales tax (based on sales in Sonoma County, California) for orders to be delivered to addresses within California. Each customer is solely liable and responsible for all sales taxes, or other taxes, on orders shipped to any other state, and fully indemnifies and holds JOHNNY’S APPLIANCES harmless for the payment of any such tax and penalties thereon, including the advancement of actual attorney fees and costs.

ATTORNEY FEES AND COSTS

Except with regard to the Indemnity Agreement concerning Sales Taxes, there is no agreement between the parties concerning the payment of attorney fees and costs and neither party shall have the right to such in the event of any litigation or dispute.

CONFLICT OF TERMS

All of the terms and conditions of these TERMS OF USE are deemed incorporated into any sales agreement. In the event of an express conflict between the terms of a written sales agreement and these TERMS OF USE, the terms of the written sales agreement shall prevail to the extent necessary.

PARTIAL INVALIDITY OF TERMS

Should any term or condition of these TERMS OF USE be determined by a court of final jurisdiction to be unenforceable or void, the remainder of these TERMS OF USE shall remain in full force and effect subject to the sole and absolute discretion of JOHNNY’S APPLIANCES, but not any buyer or purchaser, to rescind the transaction.

TENDER OF FUNDS

All purchases are subject to written invoice and actual delivery of funds before they are final.
 

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