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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:
WhisperKOOL
1738 E. Alpine Ave
Stockton, CA 95205
