www.cellarcool.com | Page 53
CellarCool only collects California sales tax for orders shipped within the State of California; CellarCool 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.
6. Customer Service and Troubleshooting
CellarCool’s customer service department is available to answer any questions or inquiries for End Users regarding a
CellarCool Product, as well as to assist in performing basic troubleshooting, Monday through Friday, from 6:30 a.m.
to 4:00 p.m. PST, at telephone number 1-800-343-9463. CellarCool reserves the right to have a certified, CellarCool-
approved, HVAC/R technician go on site and inspect the product if the initial trouble shooting warrants further
investigation. CellarCool Corporation is located at 1738 East Alpine Avenue, Stockton, California 95205.
7. Request for Product Evaluation and Repair Under Warranty
SPLIT SYSTEM FIELD SERVICE WARRANTY POLICY: This Policy is to clarify what falls under Warranty Service and
what becomes the responsibility of the Owner. CellarCool (“manufacturer”) strives to provide our customers with a
superior Product and we back our Product with a Two Year Limited Warranty. Please review the CellarCool Product
Terms and Conditions including Product Limited Warranty and Product Installation Requirements to ensure you
have a complete understanding of our Policy and coverage of your Split System.
ARBITRATION: Any disputes arising out of or in connection with the installation and warranty of the Split System
shall be referred to and finally resolved by a CellarCool approved Independent Certified HVAC/R Technician. The
evaluation of the Technician on all issues or matters of identifying the responsible party (CellarCool or Installing
Technician) shall be determined in a written report. This report will be made available to all concerned parties. If
discovered under warranty, CellarCool will assume the financial responsibility under their warranty guidelines.
If the report finds the Owner’s Installer as the responsible party, CellarCool will provide all documentation to
the customer to substantiate the findings. This will include the Invoice from the Independent Certified HVAC/R
Technician and the written report of the findings. The Owner will become responsible for payment directly to
CellarCool for all charges incurred for repairs (labor, parts and shipping costs) on the Split System.
8. Miscellaneous 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. Security Interest. CellarCool retains a security interest in each Product until payment in full.
C. Construction and Severability. 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 CellarCool, and all of the other non-severed
provisions will remain in full force and effect.
D. Governing Law/Choice of Forum. 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 of Sale (Sections 1 through 9
inclusive, including Product Limited Warranty And Product Installation Requirements), and further these Terms
and Conditions of Sale shall be interpreted as through drafted jointly by CellarCool and Purchaser. Any dispute
will be resolved by the courts in and for the County of San Joaquin, State of California, and all parties, CellarCool,
Purchaser and End User, hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.
No waiver by CellarCool of any breach or default of the contract of sale (including these Terms and Conditions of
Sale) concerning a Product will be deemed to be a waiver of any preceding or subsequent breach or default.
E. Correction of Errors and Inaccuracies. These Terms and Conditions may contain typographical errors or other
errors or inaccuracies. CellarCool reserves the right to correct any errors, inaccuracies or omissions, and to change
or update these Terms and Conditions, at any time without prior notice.
9. Questions, Additional Information And Technical Assistance
A. Questions. If you have any questions regarding these Terms and Conditions or wish to obtain additional
