www.cellarcool.com | Page 65
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 CellarCool approved Independent Certified HVAC/R Technician. The evaluation of the
Technician on all issues or matters of identifying the responsible party (CellarCool or Installing Technician) shall be determined
in a written report. This report will be made available to all concerned parties. If discovered under warranty, CellarCool will
assume the financial responsibility under their warranty guidelines. If the report finds the Owner’s Installer as the responsible
party, CellarCool will provide all documentation to the customer to substantiate the findings. This will include the Invoice from
the Independent Certified HVAC/R Technician and the written report of the findings. The Owner will become responsible for
payment directly to CellarCool for all charges incurred for repairs (labor, parts and shipping costs) on the Split System.
8. Miscellaneous Terms and Conditions
A. Return Policy. All return inquiries must be made within ninety (90) calendar days of the original purchase of a Product and
are subject to a twenty five 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. CellarCool 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 CellarCool, and all of the other non-severed provisions will remain in full force and
effect.
D. 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 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 through drafted jointly by CellarCool and Purchaser. Any dispute will be resolved by the courts in and for
the County of San Joaquin, State of California, and all parties, CellarCool, Purchaser and End User, hereby irrevocably
submit to the personal jurisdiction of such courts for that purpose. No waiver by CellarCool 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.
E. Correction of Errors and Inaccuracies. These Terms and Conditions may contain typographical errors or other errors or
inaccuracies. CellarCool 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.
9. Questions, Additional Information And Technical Assistance
A. Questions. If you have any questions regarding these Terms and Conditions or wish to obtain additional information,
contact us at Support@CellarCool.com or please send a letter via U.S. Mail to:
Customer Service
CellarCool Corporation
1738 E Alpine Ave
Stockton, CA 95205
E-mail: support@CellarCool.com
Web: www.CellarCool.com
B. Technical Assistance. CellarCool Customer Service is available Monday through Friday from 6:00 a.m. to 4:00 p.m. PST.
Customer Service representatives will be able to assist you with your questions and warranty information more effectively
if you provide them with the following:
1. The model and serial number of your CellarCool unit.
2. The location of the system and installation details, such as ventilation, construction of your wine cellar, and room size.
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