Terms & Conditions for:

XLT and Extreme
Split Systmes

WhisperKOOL XLT/Extreme Installation Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE INSTALLING YOUR WhisperKOOL XLT/Extreme Cooling System. INSTALLING YOUR WhisperKOOL XLT/Extreme Cooling System INDICATES THAT YOU ACCEPT AND AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN ("TERMS OF USE"). IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU RISK VOIDING YOUR WARRANTY AND ASSUMING ADDITIONAL REPAIR AND REPLACEMENT COSTS.

1. Acceptance of Terms and Conditions

Use and installation of a WhisperKOOL XLT/Extreme Cooling System assumes that the consumer, (“user”) fully accepts and agrees to the Terms and Conditions set forth in this document. These Terms & Conditions also state that by signing and returning this document, you are certifying you have read, understand and agree to our Terms & Conditions as well as our Owners Manual. The Owner’s Manual is shipped with each unit and if another copy is needed, replacement copies can be downloaded from the company website (www.whisperkool.com) or by contacting WhisperKOOL directly for a new copy. WhisperKOOL reserves the right, in its sole discretion, to change its Terms & Conditions at any time, for any reason, without notice.

2. Product Installation

Subject to these Terms and Conditions, when the user purchases a WhisperKOOL XLT/Extreme Cooling System, the user agrees to read and follow the required installation procedures set forth by WhisperKOOL for proper use and installation of the Product.

(a) It is highly recommended that you obtain the assistance of a wine storage professional.

(b) Failing to address all of the variables associated with proper installation will cause the unit to operate incorrectly and limit its ability to cool and the longevity of the unit itself.

(c) The warranty card must be returned to WhisperKOOL, the manufacturer, to ensure registration guaranteeing the full warranty period is granted. Failure to register the Product within thirty (30) days of installation may result in a loss of warranty.

(d) The user is responsible for the full costs of installation and any additional parts required for the proper and complete installation of the Product.

(e) The cooling system cannot operate at its optimum capacity if airflow is constricted by ducting or venting the exhaust side of the unit into a location with inadequate ventilation.

3. Product Warranty Information

If a problem arises with your WhisperKOOL system during the warranty period, you must contact WhisperKOOL Customer Service for warranty coverage and repairs.

Removing the rivets from the unit with out authorization from the manufacturer will VOID the warranty. Please contact a Customer Service Representative for assistance before beginning work on a WhisperKOOL unit that is still under the two (2) year manufacturer warranty

For XLT/Extreme Cooling Systems returned to WhisperKOOL following warranty guidelines, WhisperKOOL warrants this Product against defects in material or workmanship as follows:

(a) LABOR: For a period of two (2) years from the date of purchase. If this Product is determined to be defective after undergoing customer service trouble shooting, WhisperKOOL will repair or replace the Product, at its option and discretion, at no charge to the customer. After the Warranty Period, the customer is responsible for ALL labor and freight charges.

(b) PARTS: WhisperKOOL will supply, at no charge, new or rebuilt replacements parts in exchange for defective parts for a period of two (2) years.

(c) FREIGHT: During the first twenty four months from the date of purchase, WhisperKOOL will cover freight for the repair of units UNDER WARRANTY to customers within the continental United States.

This warranty does not cover cosmetic damage caused during installation or damage due to acts of God, accident, misuse, abuse, negligence, or modification of, or to any part of the Product. This warranty does not cover damage due to improper operation or lack of proper maintenance, connection to improper voltage supply, or attempted repair by anyone other than a WhisperKOOL approved technician to service the Product. This warranty does not cover Products sold AS IS or WITH ALL FAULTS. This warranty is valid only in the United States.

Proof of purchase in the form of a bill of sale or receipted invoice, which is evidence that the Product is within the warranty period, must be presented to obtain warranty service. This warranty is invalid if the factory-applied serial number has been altered or removed from the Product.

REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER. VINOTHÈQUE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS PRODUCT. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THIS PRODUCT IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.

Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may have other rights, which vary from state to state.

4. Maintenance

It is the user’s responsibility to clean off any accumulated dust, lint, or other debris from the front and rear intake grills. This will restrict the airflow and may affect the unit’s ability to function properly. Periodically cleaning the unit’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 you suspect you have a mold problem, it is always best to hire a qualified and experienced mold remediation specialist.

5. User Costs and Responsibility

The following items are not covered under warranty and are the sole responsibility of the user.

(a) The user is responsible for the costs of ALL initial installation costs, including but not limited to labor costs and the cost of any additional parts necessary to complete the installation.

(b) The user is responsible for the costs incurred for installation and removal of the product or any part thereof unless it is has been defined as a warranty repair PRIOR to the work being performed.

(c) Purchasers (users) are reminded that they should satisfy themselves that the product they are purchasing is suitable for their needs and requirements and no responsibility will be placed with WhisperKOOL for their decisions.

(d) It is the user’s responsibility to secure safe haven/storage for ANY AND ALL items that are being kept and stored in the user’s wine cellar. 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. State Sales Tax

We only collect California Sales Tax for orders made and shipped within CA; we do not collect sales tax for orders shipped to other states. However, you may be liable for sales tax to your state o the merchandise you receive.  You may want to check with your state’s tax authority for “use tax” regulations.

7. Customer Service

WhisperKOOL customer service department is available Monday through Friday, from 8:00 a.m. to 4:00 p.m. PST and is reachable by calling 1-800-343-9463 during the previously mentioned business hours.

8. Trouble Shooting

The customer service department is available to answer any questions or inquiries regarding our Product as well as to assist in doing basic and primary trouble shooting for any problems with our Product.

9. General Provisions

(a) Construction and severability. Every provision of these Terms and Conditions will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms and Conditions so construed 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 these Terms and Conditions, and all other provisions will remain in full force and effect.

(b) 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 these Terms and Conditions, except that the Terms and Conditions shall be interpreted as through drafted jointly by Vinotheque and the Purchaser.  Any dispute will be resolved in a state or federal court situated in the County of Santa Clara, State of California, and the Purchaser hereby irrevocably submits to the personal jurisdiction of such courts for that purpose.

(c) Entire Agreement/No Waiver. These Terms and Conditions and the Limited Warranty incorporated herein by reference set forth the entire agreement between the parties and supersede all prior agreements or understandings, both written and oral, between the parties regarding the subject matter of this the Terms and Conditions and the Limited Warranty.  The parties may modify this these Terms and Conditions or the Limited Warranty only through a writing signed by each.  No waiver by WhisperKOOL of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

(d) 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.

10. Questions or Additional Information

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:

WhisperKOOL
1738 East Alpine Avenue
Stockton, CA 95205

Split System Installation Terms & Conditions

In order to activate the warranty of your system, the Split Startup Checklist must be completed by the certified refrigeration technician in- stalling your system and submit via mail, fax, or e-mail.

Please read these terms and conditions carefully before installing your WhisperKOOL split system.

1. Acceptance of Terms & Conditions

Installation and use of a WhisperKOOL Split System (hereafter referred to as “the product”) constitutes acceptance by the Purchaser (or user) of the Terms and Conditions set forth in this document. The WhisperKOOL Owner’s Manual is shipped with each unit and if another copy is needed, replacement copies can be downloaded from the company web site (www.whisperkool.com) or by contacting WhisperKOOL directly for a new copy. WhisperKOOL reserves the right, in its sole discretion, to change its Terms & Conditions at any time, for any reason without notice.

2. Product Installation

(a) Purchaser of the product must arrange for the product to be installed by a certified HVAC technician in accordance with procedures set forth by WhisperKOOL and described in the WhisperKOOL Owner’s Manual.

(b) Purchaser must return the Limited Warranty card to WhisperKOOL to register the product and obtain the benefits of the Limited Warranty throughout the warranty period. Failure to register the product within thirty (30) days of installation may result in loss of warranty.

(c) The HVAC technician installing the product must complete the designated portion of the Limited Warranty card and provide licensing or certification identification number information to WhisperKOOL in order to validate the Limited Warranty.

(d) Purchaser is responsible for the full costs of installation and any additional parts required for the proper and complete installation of the product.

3. Product Warranty Information

For Split Systems returned to WhisperKOOL in accordance with the terms and conditions of the Limited Warranty, WhisperKOOL warrants against defects in material and workmanship as follows:

(a) LABOR: For a period of two (2) years commencing on the date of purchase, WhisperKOOL will, at its option and discretion, either repair or replace the product at no charge to the Purchaser if the product is determined by WhisperKOOL to be defective. After the Warranty period, the Purchaser is responsible for all labor charges.

(b) PARTS: For a period of two (2) years commencing on the date of purchase, WhisperKOOL will supply, at no charge, new or rebuilt replacement parts in exchange for defective parts.

(c) FREIGHT: For a period of two (2) years commencing on the date of purchase, WhisperKOOL will cover freight charges incurred in connection with the repair of units then under warranty to customers within the continental United States.

WhisperKOOL’s Limited Warranty does not cover damage to the product caused by third parties or damage due to acts of God, accident, misuse, abuse, negligence, or modification of, or to any part of the product. The Limited Warranty does not cover damage due to improper operation or lack of proper maintenance, connection to improper voltage supply, or attempted repair by anyone other than an HVAC technician approved by WhisperKOOL to service the product. The Limited Warranty does not cover Products sold “as is” or “with all faults” and is valid only in the United States.

Proof of purchase (in the form of a bill of sale or receipted invoice) establishing that the product is within the warranty period must be presented to obtain warranty service.

This Limited Warranty is invalid if the factory-applied serial number has been altered or removed from the Product.

REPAIR OR REPLACEMENT PURSUANT TO THE LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER FOR ANY DEFECTS IN WHISPERKOOL PRODUCTS. WHISPERKOOL SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS PRODUCT, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THIS PRODUCT IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.

Some states do not allow the exclusion or limitation of incidental or consequential damages or on the duration of express and/or implied warranties, so the above limitations or exclusions may not apply to you.

WhisperKOOL’s Limited Warranty gives you specific legal rights and you may have other rights, which vary from state to state.

4. Maintenance

The Purchaser or user is responsible for checking the coils on the condenser unit and vacuuming them every three months to maintain them free of debris. The drain tube and the heater pan located on the evaporator unit 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 can result in costly and recurring repairs. If you suspect you have a mold problem, it is always best to hire a qualified and experienced mold remediation specialist.

5. User Costs and Responsibility

Responsibilities of the Purchaser, and/or items not covered under our Limited Warranty, include, but are not limited to, the following:

(a) All initial installation costs, including, but not limited to, labor costs and the cost of any additional parts necessary to complete the installation.

(b)Users must assure that the product is installed by a certified HVAC technician. Failure to do so will result in Voiding the Limited Warranty.

(c)All costs incurred for the installation and/or removal of the product, or any part thereof, unless such cost has been defined as a warranty repair prior to the work being performed.

(d) Purchasers should satisfy themselves that the product they are purchasing is suitable for their needs and requirements.

(e)Purchasers are responsible for assuring the safety of any and all items that are kept and stored in the wine cellar. WhisperKOOL takes no responsibility for the safety of such items in the event that the environment becomes unsuitable for proper storage.

6. Customer Service

WhisperKOOL customer service department is available Monday through Friday, from 8:00 a.m. to 4:00 p.m. Pacific Time and can be reached at 1-800-343-9463.

7. Troubleshooting

The customer service department is available to answer questions regarding our products and to assist in basic troubleshooting in the event that a problem arises.

WhisperKOOL reserves the right to have a certified, WhisperKOOL-approved, HVAC technician go on site and inspect the product if the initial trouble shooting warrants further investigation.

If after on-site inspection of the product, it appears the product may be malfunctioning due to a defect in the unit, WhisperKOOL will cover the costs of the evaluation by the certified HVAC technician. If the product is malfunctioning due to the improper installation or some other act or omission by a party other than WhisperKOOL, then the user is responsible for the costs of the on-site evaluation by the technician in addition to any repair costs.

8. Request for Product Evaluation and Repair Under Warranty

8.1Split System Field Service Warranty Policy

This Policy is to clarify what falls under Warranty Service and what becomes the responsibility of the Owner. WhisperKOOL (“manufacturer”) strives to provide our customers with a superior product and we back our product with a Two Year Limited Warranty. Please review the following guidelines to ensure you have a complete understanding of our Policy and coverage of your Split System. WhisperKOOL will respond to your request for service once this letter has been signed and returned to the manufacturer.

8.2Product Warranty Information

(a) LABOR: For a period of two (2) years from the date of purchase, if this Product is determined to be defective after undergoing customer service troubleshooting, WhisperKOOL will repair or replace the Product, at its option and discretion, at no charge to the customer. After the Warranty Period, the customer is responsible for ALL labor charges.

(b)PARTS: WhisperKOOL will supply, at no charge, new or rebuilt replacement parts in exchange for defective parts for a period of two (2) years which include, but are not limited to, Evaporator Coil, Evaporator Side Fan, Evaporator Solenoid Valve, Thermostat, Condenser Sid Fan, Condenser Side Fan Switch, Compressor, Head Pressure Control, Low Pressure Switch, Condenser Coil, Access T’s, Sight Glass, Liquid Line Drier, High Side Receiver.

(c)FREIGHT: For a period of two (2) years from the date of purchase, WhisperKOOL will cover freight for the repair of units UNDER WARRANTY to customers within the continental United States.

8.3Product Installation

The following parts or causes of failure are not the responsibility of the manufacturer: improper voltage supply, line set with screw connectors (high end and low end), leaks found at the braze points when performing pressure check, unit that has been charged incorrectly, incorrect tubing diameter used on line set, a unit that has been wired incorrectly, valve stem on condenser side, improper installation of P-Trap or lack of P-Trap if required, condenser installed outdoors, or in elements that would affect operation, without proper cover or housing. (Housing is available from Manufacturer)

8.4User Costs and Responsibility

The following items are not covered under warranty and are the sole responsibility of the user:

(a)Costs incurred for the installation and removal of the product.

(b)Purchasers (users) are reminded that they should satisfy themselves that the product they have purchased is suitable for their needs and requirements and no responsibility will be placed with WhisperKOOL for their decisions.

(c)It is the user’s responsibility to secure safe haven/storage for ANY AND ALL items that are being kept and stored in the user’s wine cellar. WhisperKOOL takes no responsibility for the safety and preservation of the aforementioned items in the event that the environment becomes unsuitable to maintain proper storage.

8.5 Arbitration

Any disputes arising out of or in connection with the installation and warranty of the Split System shall be referred to and finally resolved by a WhisperKOOL approved Independent Certified HVAC Technician. The evaluation of the Technician on all issues or matters of identifying the responsible party (WhisperKOOL or Installing Technician) shall be determined in a written report. This report will be made available to all concerned parties. If discovered under warranty, WhisperKOOL will assume the financial responsibility under their warranty guidelines. If the report finds the Owner’s Installer as the responsible party, WhisperKOOL will provide all documentation to the customer to substantiate the findings. This will include the Invoice from the Independent Certified HVAC Technician and the written report of the findings. The Owner will become responsible for payment directly to WhisperKOOL for all charges incurred for repairs (labor, parts and shipping costs) on the Split System.

9. General Provisions

Responsibilities of the Purchaser, and/or items not covered under our Limited Warranty, include, but are not limited to, the following:

(a)CONSTRUCTION AND SEVERABILITY: Every provision of these Terms and Conditions will be construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms and Conditions so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extend so held, be deemed severed from these Terms and Conditions, and all other provisions will remain in full force and effect.

(b)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 these Terms and Conditions, except that the Terms and Conditions shall be interpreted as though drafted jointly by WhisperKOOL and the Purchaser. Any dispute will be resolved in a state or federal court situated in the County of Santa Clara, State of California, and the Purchaser hereby irrevocably submits to the personal jurisdiction of such courts for that purpose.

(c)ENTIRE AGREEMENT/ NO WAIVER: These Terms and Conditions and the Limited Warranty incorporated herein by reference set forth the entire agreement between the parties and supersede all prior agreements or understandings, both written and oral, between the parties regarding the subject matter of this the Terms and Conditions and Limited Warranty. The parties may modify these Terms and Conditions or the Limited Warranty only in writing signed by each. No waiver by WhisperKOOL of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

(d) 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.

10. Questions or Additional Information

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:

WhisperKOOL 
1738 East Alpine Avenue
Stockton, CA 95205