Manual

www.whisperkool.com | Page 45
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 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 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. 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 eect.
D. Governing Law/Choice of Forum: 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 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.