VINOTHEQUE WINE CELLARS/WHISPERKOOL PRODUCT BASE TERMS
WhisperKOOL Corporation (“WhisperKOOL”) is in the business of manufacturing and selling wine cabinets, cooling units and related goods; each such wine cabinet, cooling unit and related good is referred to herein as a “Product”. As used herein, the term “WhisperKOOL” includes any Product sold under the names WhisperKOOL, Vinotheque and CellarCool. “Purchaser” means the original purchaser of a WhisperKOOL Product. “End User” means the consumer who has installed and is actually using a WhisperKOOL Product. Every sale of a Product from WhisperKOOL to a Purchaser is made subject to these Terms and Conditions of Sale (“Terms and Conditions”).
Product prices are specified in the WhisperKOOL published price list that is current at the time WhisperKOOL receives Purchaser’s particular order. Prices are subject to change at any time prior to WhisperKOOL’s acceptance of Purchaser’s particular order. No contract of sale exists until WhisperKOOL has accepted Purchaser’s order and provided Purchaser with a written acknowledgment of Purchaser’s order. Prices are exclusive of, and Purchaser shall pay, all taxes, duties, levies or fees imposed on WhisperKOOL or Purchaser by any taxing authority related to Purchaser’s order. Payment for a WhisperKOOL Product must be made in lawful money of the United States of America in immediately available funds. WhisperKOOL accepts all major credit cards. WhisperKOOL may change payment terms for unfilled orders if, in WhisperKOOL’s reasonable opinion, Purchaser’s financial condition, previous payment record or relationship with WhisperKOOL merits such change.
All Purchaser orders, whether written or verbal, are governed by these Terms and Conditions and are subject to acceptance by WhisperKOOL. Any term or condition which may be included on any Purchaser’s purchase order, or in any form of communication (whether verbal or in writing) from any Purchaser to WhisperKOOL, that is not identical with these Terms and Conditions, is hereby expressly objected to and rejected by WhisperKOOL, and shall NOT become a part of the contract of sale of any Product. WhisperKOOL’s failure to object to any such conflicting term and/or condition of sale contained in any communication (including a purchase order) from a Purchaser shall not be considered as acceptance of such term and/or condition or as a waiver of these Terms and Conditions. The only language in which WhisperKOOL states these Terms and Conditions is English. WhisperKOOL reserves the right, in its sole discretion, to change these Terms and Conditions at any time, for any reason, without notice. WhisperKOOL shall not be liable to Purchaser for any delay of delivery of a Product caused by Force Majeure, or any other cause beyond WhisperKOOL’s control.
2. WHISPERKOOL PRODUCT LIMITED WARRANTY
A. Two (2) Year Limited Warranty.
For the period of TWO (2) YEARS (the “Limited Warranty Period”) from the date of original sale of a Product by WhisperKOOL, if a WhisperKOOL Product is found to be defective in material or workmanship after undergoing WhisperKOOL’s customer service troubleshooting, then, subject to the WhisperKOOL Product Limited Warranty Limitations and Exclusions as well as the other Terms and Conditions stated herein, WhisperKOOL will do the following, as appropriate, for the end user (“End User”) who has installed and is actually using the Product, with regard to LABOR, PARTS and FREIGHT:
(1) LABOR - repair or replace (at WhisperKOOL’s sole option) the Product at no charge to the End User; and
(2) PARTS – supply, at no charge to the End User, new or rebuilt replacement parts for the Product in exchange for the return of defective parts; and
(3) FREIGHT – cover normal ground freight charges for parts, and, in the event the Product is not repairable in the field, cover normal ground freight charges (within the continental United States) for the repair or replacement of the Product.
B Five (5) Year Compressor Limited Warranty.
The two (2) year limited warranty period stated in Section 2(a) above is extended for an additional three (3) year period with regard to a WhisperKOOL Product’s compressor only. Labor, freight and parts ancillary to the compressor remain subject to the two (2) year limited warranty
C Product Warranty Limitations and Exclusions.
(1) This limited warranty does not cover cosmetic damage caused during installation, damage due to acts of God, commercial use, accident, misuse, abuse, negligence, or modification to any part of the Product. Delivery and installation of the Product, any additional parts required, as well as removal of the Product if warranty work is required, are all at the sole cost, risk and obligation of the End User.
(2) This limited warranty does not cover damage due to improper installation or operation or lack of proper maintenance of the Product, connection of the Product to improper voltage supply, or attempted repair of the Product by anyone other than a technician approved by WhisperKOOL to service the Product.
(3) This limited warranty does not cover any Product sold “AS IS” or “WITH ALL FAULTS.”
(4) This limited warranty is valid only in the continental United States, Alaska and Hawaii. Sales elsewhere (including Puerto Rico) are excluded from this warranty.
(5) Proof of purchase of the Product in the form of a bill of sale or receipted invoice, which is evidence that the Product is within the Limited Warranty Period, must be presented by the End User to WhisperKOOL in order to obtain limited warranty service.
(6) This limited warranty is void if the factory applied serial number has been altered or removed from the Product.
(7) Removing the rivets from the Product’s unit housing without prior authorization from WhisperKOOL voids this limited warranty.
(8) The End User must first contact WhisperKOOL Customer Service by telephone
(at 1-800-343-9463) prior to attempting service on any Product still under the limited warranty, else the limited warranty is voided.
(9) THE REPAIR OR REPLACEMENT OF THE PRODUCT AS PROVIDED UNDER THIS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF YOU, THE END USER, AS WELL AS ANYONE ELSE IN THE CHAIN OF TITLE OF THE PRODUCT, DOES NOT START A NEW LIMITED WARRANTY TIME PERIOD, AND IS IN LEIU OF ALL OTHER WARRANTIES (EXPRESS OR IMPLIED) WITH REGARD TO THE PRODUCT. IN NO EVENT SHALL WHISPERKOOL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR CONTINGENT DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS PRODUCT. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights, and you may have other rights, which vary from state to state.
(10) Failure of the End User to comply with all of the Product Installation Requirements, Maintenance Requirements and End User Requirements may, at WhisperKOOL’s sole discretion, void this limited warranty.
(11) No one has any authority to add to or vary the limited warranty on this Product.
3. PRODUCT INSTALLATION REQUIREMENTS
(a) Prior to installing a WhisperKOOL Product, the End User must read the WhisperKOOL Owner’s Manual and thereafter the End User must follow the required installation, use and maintenance procedures set forth by WhisperKOOL in WhisperKOOL’s Owner’s Manual. The Owner’s Manual is shipped with each Product and if another copy is needed, replacement copies can be downloaded from WhisperKOOL’s website (www.whisperkool.com) or by contacting WhisperKOOL directly for a new copy of the Owner’s Manual.
(b) It is highly recommended that the End User obtain the assistance of a wine storage professional.
(c) Failing to address all of the variables associated with proper installation will cause the Product to operate incorrectly and limit both the Product’s ability to cool and the longevity of the Product itself.
(d) The limited warranty card should be completed and promptly returned by the End User to WhisperKOOL to ensure limited warranty registration and confirmation of date of purchase.
(e) The End User is responsible for all risks and costs of installation of the Product, including but not limited to all labor costs as well as cost of any additional parts required for the proper and complete installation of the Product. The End User is responsible for all risks and costs of removing the Product if limited warranty work is required.
(f) The Product cannot operate at its optimum capacity if airflow is constricted by ducting or venting the exhaust side of the Product into a location with inadequate ventilation.
4. MAINTENANCE REQUIREMENTS
It is the End User’s responsibility to clean off any accumulated dust, lint, or other debris from the front and rear intake grills; failure to do this on a regular basis will restrict the airflow and may affect the Product’s ability to function properly. Periodically cleaning the Product’s vents will help assure maximum cooling efficiency. The drain tube must also be checked and kept clean and free of debris and mold to maintain proper performance.
Mold is a natural living organism in the environment. It exists in the air in the form of microscopic spores that move in and out of buildings through doors, windows, vents, HVAC systems and anywhere else that air enters. Once it is discovered, mold must be addressed quickly and appropriately. Delayed or improper treatment of mold issues can result in costly and reoccurring repairs. If the End User suspects a mold problem, it is always best to hire a qualified and experienced mold remediation specialist.
5. ADDITIONAL END USER RESPONSIBILITIES
The following items are not covered under any warranty and are the sole responsibility of the End User:
(a) End Users should satisfy themselves that the Product they are purchasing is suitable for their particular needs and requirements, and thus no responsibility will be placed with WhisperKOOL for the End User’s decisions in this regard.
(b) It is the End User’s responsibility to secure safe haven/storage for ANY AND ALL items that are being kept and stored in the End User’s wine cellar, including any Product. WhisperKOOL takes no responsibility for the safety and preservation of the aforementioned items in the event that the environment becomes unsuitable to maintain a proper storage environment.
6. SALES AND USE TAX
WhisperKOOL only collects California sales tax for orders shipped within the State of California; WhisperKOOL does not collect sales tax for orders shipped to other states. However, the Purchaser and the End User may be liable to the taxing authority in their state for sales tax and/or use tax on the Product. The Purchaser and the End User should each check with their state’s taxing authority for sales and use tax regulations.
7. CUSTOMER SERVICE AND TROUBLESHOOTING
WhisperKOOL’s customer service department is available to answer and questions or inquiries for End Users regarding a WhisperKOOL Product, as well as to assist in performing basic troubleshooting, Monday through Friday, from 8:00 a.m. to 4:00 p.m. PST, at telephone number 1-800-343-9463. WhisperKOOL Corporation is located at 1738 East Alpine Avenue, Stockton, California 95205.
8. ADDITIONAL TERMS AND CONDITIONS
(a) Return Policy. All return inquiries must be made within thirty (30) calendar days of the original purchase of a Product and are subject to a twenty five percent (25%) restocking fee. Shipping costs are not refundable and the Purchaser is responsible for all return shipping costs (including customs fees and duties, if applicable).
(b) WhisperKOOL retains a security interest in each Product until payment in full.
(c) Every provision of these Terms and Conditions shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from the contract of sale between Purchaser and WhisperKOOL, and all of the other non-severed provisions will remain in full force and effect.
(d) The laws of the State of California (without regard for conflicts of law) shall govern the construction and enforcement of the these Terms and Conditions, except that these Terms and Conditions shall be interpreted as through drafted jointly by WhisperKOOL and Purchaser. Any dispute will be resolved by the courts in the County of San Joaquin, State of California, and all parties, WhisperKOOL, Purchaser and End User, hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. No waiver by WhisperKOOL of any breach or default of the contract of sale (including these Terms and Conditions) concerning a Product will be deemed to be a waiver of any preceding or subsequent breach or default.
9. Questions or Additional Information
If you have any questions regarding these Terms and Conditions or wish to obtain additional information, contact us via phone at 1-800-343-9463 or please send a letter via U.S. Mail to:
Vinothéque Wine Cellars
1738 E. Alpine Ave, Stockton, CA 95205