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, 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 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
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