WhisperKOOL Split System Installation Terms & Conditions
ATTENTION:PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE INSTALLING YOUR WhisperKOOL Split Cooling System. INSTALLING YOUR WhisperKOOL Split 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 Split 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 web site (www.vinotheque.com) or by contacting Vinotheque Wine Cellars (“Vinotheque”) directly for a new copy. Vinotheque 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 Split Cooling System, the user agrees to read and follow the required installation procedures set forth by Vinotheque for proper use and installation of the Product.
(a) Purchasers of the product must arrange for the product to be installed by a certified HVAC technician in accordance with procedures set forth by Vinotheque and described in the WhisperKOOL Owner’s Manual.
(b) Purchasers must return the Limited Warranty card to Vinotheque to register their product and obtain the benefits of their 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 Vinotheque in order to validate the Limited Warranty.
(d) The 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 Vinotheque in accordance with the terms and conditions of the Limited Warranty, Vinotheque warrants against defects in material and workmanship as follows:
(a) LABOR: For a period of two (2) years commencing on the date of purchase, Vinotheque will, at its option and discretion, either repair or replace the product at no charge to the Purchaser if the product is determined by Vinotheque is determined to be defective after completion of trouble shooting by Vinotheque’s customer service department. After the Warranty period, the Purchaser is responsible for all labor and freight charges.
(b) PARTS: For a period of two (2) years commencing on the date of purchase, Vinotheque will supply, at no charge, new or rebuilt replacements parts in exchange for defective parts.
(c) FREIGHT: For a period of two (2) years commencing on the date of purchase, Vinotheque will cover freight charges incurred in connection with the repair of units then under warranty to customers within the continental United States.
Vinotheque’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 Vinotheque 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, 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. VINOTHEQUE 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
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 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
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. Vinotheque takes no responsibility for the safety of such items in the event that the environment becomes unsuitable to maintain a proper storage environment.
6. Customer Service
Vinotheque 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. Trouble Shooting
The customer service department is available to answer questions regarding our products and to assist in basic trouble shooting in the event that a problem arises with any of our products.
8. Request for Product Evaluation and Repair Under Warranty
8.1 Split System Field Service Warranty Policy
This Policy is to clarify what falls under Warranty Service and what becomes the responsibility of the Owner. Vinotheque (“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. Vinotheque will respond to your request for service once this letter has been signed and returned to the manufacturer.
8.2 Product 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 trouble shooting, Vinotheque 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: Vinotheque will supply, at no charge, new or rebuilt replacements 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 Dryer, High Side Receiver.
(c) FREIGHT: For a period of two (2) years from the date of purchase, Vinotheque will cover freight for the repair of units UNDER WARRANTY to customers within the continental United States.
8.3 Product Installation
The following part or cause of failure is 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. (Refer to page 15 of Split System Manual), valve stem on condenser side, improper installation of P-Trap or lack of P-Trap if required (Refer to page 8 of Split System Manual). Condenser install outdoors or in elements that would affect operation without proper cover or housing. (Housing is available from Manufacturer)
8.4 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 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 Vinotheque 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. Vinotheque 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.
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 Vinotheque approved Independent Certified HVAC Technician. The evaluation of the Technician on all issues or matters of identifying the responsible party (Vinotheque or Installing Technician) shall be determined in a written report. This report will be made available to all concerned parties, if discovered under warranty Vinotheque will assume the financial responsibility under their warranty guidelines. If the report finds the Owner’s Installer, as the responsible party, Vinotheque will provide all documentation to the customer to substantiate their findings; this will include the Invoice from the Independent Certified HVAC Technician and the written report of their findings. The Owner will become responsible for payment directly to Vinotheque 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 & 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 & 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 & Conditions or the Limited Warranty only through a writing signed by each. No waiver by Vinotheque 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. Vinotheque 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.
Questions? Feel free to contact customer service.
