Vinotheque Wine Cellars Owner's Manual download pdf (Page 30)

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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 speci c

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.

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

con rmation 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 airow 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 o 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 airow and may aect the Product’s ability to function properly. Periodically cleaning the Product’s vents will help assure maximum

cooling eciency. 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 qualied 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

 ve 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 eect.

(d) The laws of the State of California (without regard for conicts 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:

Vinothéque Wine Cellars

1738 E. Alpine Ave, Stockton, CA 95205

[email protected]

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