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
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
(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.
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