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WK 2500 CABINET SYSTEM
INSTALLATION TERMS AND CONDITIONS WHISPERKOOL COOLING SYSTEM
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, Vinoƒ, 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.
