Terms of Access
The following are terms of a legal agreement between you and Refrigerant Coupling Systems, Inc. (hereinafter “RCS”). By accessing, browsing and/or using this web site or application published by RCS (hereinafter “Site”), you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. Provided you purchase any Goods, Products, or Services from RCS by using this Site, your purchase will be governed by the applicable terms and conditions contained in this Legal Information page. Access to this Site is limited to viewing the linked web pages solely for legitimate business purposes to access the information provided by refcouplingsys.com on this Site. RCS reserves the right, at its sole discretion, to periodically revise these Terms of Access, Terms of Purchase, Terms of Tool and Repair Service, Supplier Terms, Code of Conduct, and Terms of Registration.
RCS places extreme importance on protecting information transferred on this Site and security precautions are taken to protect all such information. RCS continually reviews and updates the security methods implemented to protect information transmitted via this Site, including measures to secure and protect all personally identifiable information from loss, misuse, and alteration. Even though RCS takes measures to protect and secure all customer-related information from loss, misuse or theft, RCS cannot guarantee that all electronic commerce is completely secure. Any access or attempt to access to other areas of RCS’ computer systems or the information contained on RCS’ computer system is strictly prohibited. This Site is controlled and operated by RCS from its offices located in Rocklin, California, U.S.A.
Site Information Use
RCS makes no representation that materials in the Site are appropriate or available for use in other locations, especially international locations, and access to them from territories where their contents are illegal is prohibited. This Site and certain areas on this Site may be linked to other sites that are not maintained by RCS and are not subject to the same Privacy and other Policies. RCS is not responsible for the content of these other sites. A link to another site does not imply an endorsement, sponsorship or recommendation of the site and RCS disclaims any liability for the links to and from this Site. Any cross-reference comparisons or references to competing products contained on this Site do not imply or suggest that in all cases the performance or functional equivalency of the referenced comparison is perfectly comparable. RCS, at its sole discretion, may, at any time revise or modify the information contained in this Site.
RCS may collect, compile and utilize various types of information from the parties accessing or visiting this Site. Transactional information from companies or individuals that purchase products from this Site may be collected and used by RCS as a database or to provide subsequent products or services to such parties. Such information includes, but is not limited to, shipping information, credit card holder name and card number/expiration date. This information is considered essential to the performance of online transactions. Additionally, this information may be collected to aggregate statistical information, enhance system administration or to improve the content of the Site. The information we collect will help RCS effectively enhance this Site, expand product growth and better serve our customers, which will result in continued customer satisfaction. RCS may use the information collected to notify Site visitors of changes to this Site, to notify Site visitors of new products, and for any other legitimate and lawful business purpose. RCS may choose to share information with some specific third parties, such as suppliers, financial institutions, and third party service providers, and with any RCS successor in interest. RCS may disclose information about any Site visitor in response to subpoenas, investigative requests (with or without subpoena) and other legal process, to uphold RCS’ legal rights and defend against legal claims. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, profane, or other material that could give rise to any civil or criminal liability under the law. Any material, information or idea you transmit or post on this Site by any means will be treated as non-confidential and non-proprietary. RCS will not give, sell or otherwise transfer e-mail addresses maintained by this site to any other third party for the purpose of initiating, or enabling others to initiate, electronic mail message in violation of Title 15, Chapter 103 of the United States code. Access to your data is limited to RCS and is constructed in a way to protect you and your information.
All remarks, suggestions, ideas, graphics or other information communicated to RCS through this Site will forever be the property of RCS. Unless otherwise specified in writing, all material submitted to refcouplingsys.com will be presumed to be public and refcouplingsys.com will not be required to treat such information as confidential. RCS shall have exclusive ownership rights of present and future existing rights in the information provided, without compensation to the person sending the information.
The copyright in all material provided on this Site is held by RCS or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of RCS or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided that you do not modify the materials and you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed materials. You also may not, without RCS’ written permission, “scrape” the Site with software tools or “mirror” any material contained on this Site on any other server. Any unauthorized use of any and all material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of RCS and others. Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. RCS aggressively enforces its intellectual property rights to the fullest extent of the law. The name of RCS or the RCS logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. RCS prohibits the use of the RCS logo as a “hot” link to any RCS site unless RCS approves the establishment of such a link in advance in writing. Additionally, this Site may contain third-party trademarks and service marks. All third-party marks are the property of their respective companies. Access to this Site does not constitute a right to copy or use any of the intellectual property of RCS or its suppliers.
Disclaimer of Warranty
The materials on this site are provided “as is” without warranties of any kind either express or implied. All information on this Site is subject to change without notice. To the fullest extent possible, pursuant to the applicable law, RCS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. RCS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. RCS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RCS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, SOFTWARE DAMAGE OR EQUIPMENT DAMAGE ARISING OUT OF THE USE, OR INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF RCS HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. In the event your use of these materials results in the need for servicing, repair or correction of equipment or data, you assume any costs or expense for such needs.
Periodic Updating of these Terms and Conditions
RCS may update these terms and conditions from time to time. Check this Site periodically for updates. Updates shall be effective the date such update is posted on the Site.
Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The laws of the State of California govern any claim relating to, and the use of, this Site and the materials contained herein. The Terms and Conditions contained herein will be construed, interpreted and applied exclusively in accordance with the laws of the State of California, excluding conflict of law rules. Legal action with respect to any transaction must be commenced within one year after the cause of action occurs. The provisions of the Uniform Commercial Code as adopted by the State of California shall apply, with no application of the United Nations Convention on Contracts for the International Sale of Goods.
The parties shall exercise their best efforts to resolve by negotiation any and all disputes, controversies or differences arising out of or relating to this Agreement. All disputes, controversies or differences between the parties that are not settled by negotiation shall be decided in accordance with the Commercial Rules of the American Arbitration Association and judgment will be entered on the award. The arbitrator will be bound by the express terms of this Agreement. The site of arbitration will be a mutually agreeable location in California and the arbitrator(s) will be bound by the applicable law of the State of California.
Questions regarding Refrigerant Coupling Systems, Inc.’s Terms of Access should be directed to:
Refrigerant Coupling Systems, Inc.
1495 Nichols Dr.
Rocklin, CA 95765
Terms and Conditions
Applicable state and local tax will be charged on orders, unless Purchaser provides RCS with an exemption certificate. Note your tax-exempt status when ordering.
Unless otherwise stated on the face of this Agreement, all deliveries shall be F.O.B. RCS’ factory. RCS will attempt to meet the requirements of Buyers’ delivery schedule but shall be obligated only to the delivery schedule shown on the order acknowledgment and RCS shall not be in default of performance due to a delay of reasonable duration resulting from any cause. All delivery expenses, including transportation, freight, insurance, and any other shipping costs, and risk of loss during delivery and transportation, shall be for the account of Buyer. Claims for damages in transit must be assessed against the carrier. Unless otherwise instructed, selection of carrier and routing of all shipments shall be at RCS’ discretion. When special packaging is specified for domestic or export sales involving greater expense than that customarily supplied, a charge may be made to cover such extra expense. Shipment dates are approximate and are subject to receipt of all necessary Buyer information, letter of credit, if required, and all necessary licenses, permits and other documents.
RCS shall not be liable for any delays in the delivery of orders or any other failure to perform, due in whole or in part, directly or indirectly, to fire, storm, flood, earthquake, war, insurrection, labor disputes or shortages, act of God, strike, shortage of raw materials, supplies or components, retooling, upgrading of technology, delays of carriers, embargo, government order or directive, or any other circumstance beyond RCS’ reasonable control. Buyer agrees that RCS shall not be liable for any direct, indirect, consequential, or special damages, which may result from any such delays.
Purchaser acknowledges that it is not an agent of RCS and agrees to comply with the applicable provisions of the Foreign Corrupt Practices Act. Purchaser warrants and covenants that it has not offered, agreed to pay or paid, either directly or indirectly, anything of value to a foreign official (defined under the Foreign Corrupt Practices Act), a foreign political party or party official, including a candidate, in connection with the purchase and resale of the Product. Also, Purchaser represents and warrants that it is not on, or associated with any organization on the United States Department of Commerce Bureau of Industry and Security Denied Persons List or Unverified List; or the United States Department of the Treasury Office of Foreign Assets Control lists, Specially Designated Nationals, Specially Designated Global Terrorists, Specially Designated Narcotics Traffickers, Specially Designated Narcotic Traffickers-Kingpin, or Specially Designated Terrorists’ List; or the United States Department of States’ Designated Foreign Terrorist Organizations, Embargoed Countries’ list, or Debarred Persons’ List; or is subject to a denial order issued by the United States Department of Commerce.
International Shipments (Outside United States)
If Purchaser intends to export the Product, Buyer will comply with the provisions of the United States Governments’ Export Administration regulations and related documentation requirements and internal control procedures. Buyer shall be responsible for obtaining any necessary export or import licenses and permits. Purchaser will be responsible for obtaining and paying for all licenses, permits or similar governmental authorizations necessary for the exportation and importation of the Product. All costs associated with exportation and importation of the Product, including the selection and use of freight forwarders, will be the sole responsibility of Purchaser. At the time of Order, Purchaser agrees to inform RCS of any certificates of origin or other special documentation, packaging or product marking or labeling, but RCS shall not be responsible for providing any such documentation, packaging, marking or labeling, unless expressly agreed by RCS.
If RCS and Purchaser agree to be bound by transactions performed through RCS’ e-commerce Website via the issuance of purchase orders by Electronic Data Interchange (EDI), facsimile, and e-mail, such transactions will be subject to the Terms of Purchase, unless otherwise agreed to in writing by the parties. The parties acknowledge that no writing shall be required in order to make their electronic transactions legally binding, notwithstanding any contrary requirement in the law. As necessary, the parties will adopt as their signature an electronic identification to be affixed to or contained in each Document transmitted by the party. The parties will implement reasonable security procedures to ensure authorized transmissions and to protect business records and data from improper access. By performing such transactions in the forgoing manner, the parties agree that no signature will be required in order to have a legally enforceable electronic commerce transaction, which will honored to the fullest extent under law. The parties agree not to contest the validity or enforceability of Signed Documents under the provisions of any applicable laws, including any Statute of Frauds statutes, relating to whether certain agreements be in writing and signed by a party in order to be bound. Any such Signed Documents, if introduced as evidence in any legal or administrative proceeding, will be admissible as evidence to the same extent as business records, which originate and are maintained in documentary form. The provisions under this Electronic Commerce paragraph will be in addition to any other agreements entered into between RCS and Purchaser concerning electronic data interchange.
Cancellation and Returns
After acceptance by RCS, Buyers’ order shall not be subject to cancellation, change or reduction in amount nor to any suspension by Buyer of deliveries without RCS’ prior written consent. Buyer acknowledges that RCS engages in continuous product improvement and makes changes to its products from time to time. RCS, Inc. reserves the right to make reasonable changes and use substitute parts or products as long as such substitutions perform equal to, or better than the original product or part thereof, and shall have the right to deliver revised designs or models and such substitute products or parts against any order. RCS may subcontract the furnishing of any products sold hereunder and any portion thereof. RCS must approve cancellation of any order prior to shipment. Orders for Special, Non-standard Products (not in the catalogue), or configured kits, may not be cancelled or returned. Any returns for shipping errors, damage or loss upon delivery must be reported within 10 days of the delivery date. Except as otherwise agreed, Products will not be accepted for return after 30 days from the date of delivery to the Purchaser. Any cancellation or returns accepted after 30 days may be subject to a restocking fee and other charges, for which the Purchaser shall be responsible. All returns should be made to RCS, Inc. or to a branch designated by RCS, and must be in original packaging, resalable condition and accompanied with an Invoice.
Purchaser grants to RCS a priority lien, purchase money security interest in the Products and any accounts receivable or cash from the resale of the Products until full payment is received, with respect to any sales on open account. Purchaser shall complete and cooperate with the submission of any documents necessary to validate or enforce RCS’ rights hereunder.
Published Product Information
RCS reasonably attempts to maintain up-to-date and accurate pricing, availability and usage information about the Products contained in its catalogs. However, this information is dependent upon information distributed by and obtained from a manufacturer or supplier and is subject to change at any time. RCS reserves the right to revise catalog information at any time, without notice, and RCS will not be responsible for any pricing errors contained therein. RCS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN ITS CATALOGS.
California Proposition 65 and OSHA Hazardous Substance Information
Safety Data Sheets (SDS), which are applicable to certain Products that contain materials defined by for OSHA as defining hazardous substances and a list of Products known by the State of California to cause cancer or reproductive harm, are available on this Site, or may be obtained by contacting RCS. The information and recommendations contained on the SDS supplied by the manufacturer is considered to be accurate and reliable. Purchaser represents it is purchasing Products as its “materials of trade,” as defined in the Hazardous Materials Regulations in Title 49 of the Code of U.S. Federal Regulations and the Products shall be used in direct support of its business, such business does not concern transportation, and such Products shall not be resold or transported in a vehicle other than one owned by itself. RCS, Inc. does not, however, make any warranty concerning the accuracy of the information or the suitability of the recommendations. RCS disclaims any and all liability to Purchaser and/or any other user.
Proposition 65 (Prop 65) is a California law that requires the state to keep a list of chemicals that the State of California has identified may cause cancer or reproductive toxicity. If a Product contains a chemical on the list, the State of California requires businesses doing business in the State of California to provide a ‘reasonable warning’ before potentially exposing Californians to the chemicals. RCS will attempt to reasonably identify the Products that may be subject to this regulation and such Products are being offered and distributed with the following Proposition 65 notice:
WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
As there are many chemicals used throughout the manufacturing processes, RCS Products may contain a trace amount of any of the 850+ chemicals on the California Proposition 65 warning list. The list of chemicals and metals covered by Prop 65 now exceeds 850, and the List continues to grow every year. For a complete listing, visit www.oehha.ca.gov/proposition-65/proposition-65-list.
Electric and Battery Operated Tools
RCS, Inc. do not repair or service any electric or battery operated tools nor their electrical accessories. These items are warranted separately by their respective manufacturers. When such items are found to be inoperable, the Customer may return them to their respective manufacturers for warranty and repair purposes under these manufacturers policy.
Terms of Registration
Agreeing to the Terms of Registration indicates your acceptance of all applicable terms and conditions set forth in the Legal Information page. You certify, represent, and warrant that all purchases made by or access granted to any employees or agents of your organization utilizing your RCS account are authorized purchasers or representatives of your organization. You acknowledge and agree that it is your responsibility to verify and maintain the protection, security, and distribution of your account number, user names, and passwords associated with the RCS website. You expressly agree that all liability relating to password management resides with you and your organization and that under no circumstances, including negligence or misconduct, shall RCS be liable for any damages that result from the use of this service. You acknowledge that your purchasing rights and privileges may be modified at any time upon notice from RCS.
These Terms shall be construed, interpreted and performed according to the laws, excluding conflict of law rules, of the State of California, United States of America. Any legal action must be filed and commenced within one year after it arises. The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. The Uniform Commercial Code as adopted by the State of California will be applied, without application of any similar state or international law or treaty.
The relationship between RCS, Inc. and Purchaser shall be that of a Seller and a Buyer. If any of the provisions contained herein are deemed illegal or unenforceable, such determinations shall not affect the validity of the remaining terms and conditions and the remaining terms will continue in force and effect to the fullest extent permitted under applicable law. Purchaser shall not assign any order or interest therein to another party, without the written consent of RCS.
The parties shall exercise their best efforts to resolve by negotiation any and all disputes, controversies or differences arising out of or relating to this Agreement. All disputes, controversies or differences between the parties that are not settled by negotiation shall be decided in accordance with the Commercial Rules of the American Arbitration Association and judgment will be entered on the award. The arbitrator will be bound by the express terms of this Agreement. The site of arbitration will be a mutually agreeable location in the State of California and the arbitrator(s) will be bound by the applicable laws of the State of California.
These Terms of Purchase, including the Terms of Access, Terms of Registration, order forms, quotations, invoices and catalog sales terms and conditions contained in RCS’ Website are incorporated by reference herein and constitute the exclusive and complete Agreement between RCS and Purchaser.