www.cellarcool.com | Page 27
5. Additional End User Costs And 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 CellarCool 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. CellarCool 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.
C. End User is responsible for initial installation costs, including, but not limited to, labor costs and the cost
of any additional parts necessary to complete the installation.
D. End User is responsible for all costs incurred for the installation and/or removal of the Product, or any part
thereof, unless such cost has been agreed by CellarCool to be a warranty repair prior to the work being
performed.
6. Sales and Use Tax
CellarCool only collects California sales tax for orders shipped within the State of California; CellarCool 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
CellarCool’s customer service department is available to answer any questions or inquiries for End Users
regarding a CellarCool Product, as well as to assist in performing basic troubleshooting, Monday through
Friday, from 6:30 a.m. to 4:00 p.m. PST, at telephone number 1-800-343-9463. CellarCool Corporation is
located at 1738 East Alpine Avenue, Stockton, California 95205.
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. CellarCool 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 CellarCool,
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 though drafted jointly by CellarCool
and Purchaser. Any dispute will be resolved by the courts in and for the County of San Joaquin, State of
California, and all parties, CellarCool, Purchaser and End User, hereby irrevocably submit to the personal
jurisdiction of such courts for that purpose. No waiver by CellarCool 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. CellarCool 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.
