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. WhisperKOOL (“manufacturer”) strives to provide our customers with a superior
Product and we back our Product with a Two Year Limited Warranty. Please review the WhisperKOOL 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 WhisperKOOL approved Independent Certified HVAC/R Technician. The evaluation of the
Technician on all issues or matters of identifying the responsible party (WhisperKOOL or Installing Technician) shall be
determined in a written report. This report will be made available to all concerned parties. If discovered under warranty,
WhisperKOOL will assume the financial responsibility under their warranty guidelines. If the report finds the Owner’s Installer
as the responsible party, WhisperKOOL 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 WhisperKOOL 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. WhisperKOOL 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 WhisperKOOL, 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 WhisperKOOL and Purchaser. Any dispute will be resolved by the courts in and
for 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 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. WhisperKOOL 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 information,
contact us via phone at 1-800-343-9463 or please send a letter via U.S. Mail to:
Customer Service
WhisperKOOL Corporation
1738 E Alpine Ave
Stockton, CA 95205
E-mail: [email protected]
Web: www.whisperkool.com
B. Technical Assistance. WhisperKOOL Customer Service is available Monday through Friday from 6:00 a.m. to 4:00 p.m. PST.
The Customer Service representative will be able to assist you with your questions and warranty information more
effectively if you provide them with the following:
1. The model and serial number of your WhisperKOOL UNIT.
2. The location of the system and installation details, such as ventilation, construction of your wine cellar, and room size.
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