Terms & Conditions
1. Introduction
Welcome to Penguin Chillers! These Terms & Conditions (“Terms”) govern your use of our website and the purchase of our water chiller products and related services. By purchasing from Penguin Chillers, you agree to be bound by these Terms.
2. Manufacturer’s Warranty and User Manuals
You acknowledge and agree to read and comply with:
- The manufacturer’s warranty for your purchased water chiller.
- The instructions provided in the owner’s manual and/or setup guides regarding maintenance and usage.
Penguin Chillers shall not be liable for any damage resulting from improper use or failure to follow these guidelines.
3. Disclaimer of Liability
3.1 Personal Injury and Property Damage:
Penguin Chillers is not liable for any bodily injury or property damage associated with your purchase or use of our products. By purchasing from us, you agree to hold harmless Penguin Chillers, its affiliates, and employees from any claims related to product use, including negligence or breach of warranty.
3.2 Limitations of Liability:
- IN NO EVENT will Penguin Chillers be liable for any special, indirect, incidental, or consequential damages arising from the use of our products or services.
- We do not guarantee specific results from using our water chillers in any particular application.
4. Service Disclaimer
4.1 Services Offered:
Penguin Chillers offers various services, including:
- Repair: Our technicians diagnose and repair our chillers using genuine parts.
- Technical Support: Our team provides support before, during, and after your purchase.
4.2 Refund/Cancellation Policy:
- All purchases are final unless the product arrives significantly damaged due to shipping errors.
- In such cases, please contact us immediately.
- Authorized charges to your payment method are non-refundable.
- You agree not to request a chargeback for authorized purchases.
4.3 Force Majeure:
We shall not be liable for delays or service disruptions due to events beyond our control, such as natural disasters or unforeseen circumstances.
5. Dispute Resolution
Any legal disputes arising from these Terms will be governed by the laws of Tennessee and settled through negotiation, mediation, or arbitration in Knox County, Tennessee.
6. Governing Law
These Terms are subject to applicable federal consumer protection laws.
7. Updates to Terms & Conditions
We reserve the right to update these Terms at any time. Please refer to our website or contact us for the most current version.
Mobile Terms of Service
Penguin Chillers
Last updated: May 13, 2025
The Penguin Chillers mobile message service (the “Service”) is operated by Penguin Chillers (“Penguin Chillers”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Penguin Chillers’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Penguin Chillers through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Penguin Chillers. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to [insert your sending number] or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Penguin Chillers mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to [insert your sending number] or email marketing@penguinchillers.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
I agree to read and comply with the manufacturer’s warranty.
I agree to read and comply with the instructions given in the owner’s manual and/or setup guides in terms of maintenance and usage of the item(s) I’m purchasing.
If I fail to read or comply with proper maintenance / setup / usage of the item(s) I’m purchasing and damage occurs, Penguin Chillers, Inc will not be liable for the damage.
Penguin Chillers, Inc. is not liable for any bodily injury or property damage associated with your purchase from Penguin Chillers, Inc. By purchasing and/or using your product(s) you hereby irrevocably and unconditionally release, forever discharge, and agree not to sue or bring any other legal action against Penguin Chillers, Inc., its shareholders, directors, officers, employees, agents, successors, or assigns (the “Released Parties”) with respect to any and all claims and causes of action of any nature whether currently known or unknown, which you or any person using the product(s), with or without permission, have or which could be asserted by them in connection with the use of the product(s), including, but not limited to, claims of negligence, negligence per se, negligent misrepresentation, premises liability, tort claims, breach of warranty, statutory violations and breach of contract. To the fullest extent permitted by applicable law the forgoing release shall release any claims by any minor using the product(s) with the permission of the buyer. You, as the purchaser of the product(s) hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, costs, property loss, medical bills, loss of income, expenses, attorney’s fees, liens, subrogation rights, and all other damages of any kind or nature whatsoever, and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of or related to your ownership of the product(s) and the use of the product(s) by you or any other person. IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY USE RELATED TO THE USE OF THE PRODUCT(S).
All purchases of any product(S) purchased from Penguin Chillers, Inc., are subject to, agreed to by the parties at the time of purchase.
