WhisperKool XLT SERIES XLT 3000 Manuel D’Utilisation

Page 30

XLT 020111

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 names WhisperKOOL, 

Vinotheque and CellarCool.  “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”).  

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.

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.  

 

For the period of TWO (2) YEARS (the “Limited Warranty Period”) from the date of original sale of a Product by 

WhisperKOOL, if a WhisperKOOL Product is found to be defective in material or workmanship after undergoing 

WhisperKOOL’s customer service troubleshooting, then, subject to the WhisperKOOL Product Limited Warranty 

Limitations and Exclusions as well as the other Terms and Conditions stated herein, WhisperKOOL will do the 

following, as appropriate, for the end user (“End User”) who has installed and is actually using the Product, with 

regard to LABOR, PARTS and FREIGHT: 

 

(1) LABOR - repair or replace (at WhisperKOOL’s sole option) the Product at no charge to the End User; and 

(2) PARTS – supply, at no charge to the End User, new or rebuilt replacement parts for the Product in exchange 

for the return of defective parts; and 

(3) FREIGHT – cover normal ground freight charges for parts, and, in the event the Product is not repairable 

in the field, cover normal ground freight charges (within the continental United States) for the repair or 

replacement of the Product.  

 

The two (2) year limited warranty period stated in Section 2(a) above is extended for an additional three (3) 

year period with regard to a WhisperKOOL Product’s compressor only.  Labor, freight and parts ancillary to the 

compressor remain subject to the two (2) year limited warranty