Vinotheque Wine Cellars Owner's Manual download pdf (Page 29)

Customer Service - 1.800.343.9463 Page 26

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 speci ed 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 un lled orders if, in

WhisperKOOL’s reasonable opinion, Purchaser’s nancial 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 conicting 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 eld, 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 modi cation 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 rst 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

INSTALLATION TERMS AND CONDITIONS

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Vinotheque Wine Cellars Owner's Manual Page 29

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