www.whisperkool.com | Page 35
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 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.
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 WhisperKOOL to be a warranty repair prior to the work being performed.
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 any questions or inquiries for End Users regarding a
WhisperKOOL Product, as well as to assist in performing basic troubleshooting, Monday through Friday, from 6:00 a.m. to
4:00 p.m. (PST), at 1-800-343-9463. WhisperKOOL 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: WhisperKOOL 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 WhisperKOOL, 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 WhisperKOOL and Purchaser. Any dispute will be resolved by the courts in
and for 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 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. WhisperKOOL 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.
