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:
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:
4. Service Disclaimer
4.1 Services Offered:
Penguin Chillers offers various services, including:
4.2 Refund/Cancellation Policy:
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.
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.
