WhisperKOOL Product Basic Terms and Conditions of Sale
A.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 name WhisperKOOL. “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”).
B.WhisperKOOL 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.
C.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.
D.WhisperKOOL Product Terms and Conditions, including the Product Limited Warranty and Product Installation Requirements document are integral sections of the WhisperKOOL Product Terms and Conditions of Sale.
If you have any questions regarding these Terms and Conditions or wish to obtain additional information, contact us via phone at 1-800-343-9463 or please send a letter via U.S. Mail to:Customer ServiceWhisperKOOL Corporation1738 E Alpine AveStockton, CA 95205