Privacy Notice and Terms & Conditions of Sale
Thermo Engine Supply ("TES") is committed to protecting the privacy of visitors to its website. TES has implemented technical, administrative, and physical measures to safeguard any personal information that we may collect.
This TES website, including any sub-site accessible through the homepage, is operated by TES (collectively, the "Site"). This privacy notice applies to this Site only. Other TES websites will have separate privacy notices. This Site is intended for visitors who are at least 18 years of age. TES does not knowingly solicit information from, or market products or services to, children. If you are under the age of 18, do not enter your personal information on this Site or any other TES website.
What personal information does TES collect?
TES monitors user traffic patterns throughout the Site according to a user's domain name, browser type, date and time of access, and pages viewed. Our web servers collect the domain names but not the e-mail addresses of visitors. This information is collected in order to measure the number of visitors to our Site and to determine which areas of the Site users find useful based upon the amount of traffic to particular areas. TES uses this information to enhance users' experience at the Site and to better prepare future content based on the interests of users.
To use our Site, you must register. If you register, TES will require that you provide your name, title, company name, address, email information, telephone number. You will not be able to register without providing that information. You may choose to provide your credit card payment information, but you may register without providing your credit card payment information. If you choose not to provide your credit card payment information, you will be unable to make a purchase from the Site.
If you email us through the "Contact Us" link on this Site, we ask you for information such as your name and email address so we can respond to your questions and comments. You may choose to provide additional information that we request as well.
How does TES use the personal information it collects?
Any personal information collected will only be used to:
• provide the information, item, or service you have requested;
• communicate with you about products, services, and events related to TES;
• fulfill and manage purchases, orders, payments, returns/exchanges for our products and services;
• respond to a "contact us" inquiry;
• improve our products, services, and websites, including the Site;
• inquire about your views through surveys;
• verify your identity to ensure security for one of the other purposes listed here;
• ensure or enhance the security of TES's electronic systems;
• protect against fraud; and
• Conduct investigations to ensure compliance with, and comply with, legal obligations.
TES may combine the data that you provide with other data that it possesses to accomplish any of the tasks above.
Because TES is part of a global company with locations in many different countries, we will transfer your personal information to the United States and we may transfer your information from one legal entity to another or from one country to another, in order to accomplish purposes listed above. We will transfer your personal information consistent with applicable legal requirements and only to the extent necessary. If you do not want your information transferred to other legal entities or transnationally, including to countries that may not have been deemed “adequate” by the European Union, please do not provide us with your personal information. If you choose to provide us with your personal information, we will treat that action as consent to transferring your personal information to other companies and other countries as described in this notice.
Does TES use your personal information to contact you?
TES may use the personal information you provide to contact you about new products, promotions, special offers, and other information which may be of interest to you. If you prefer not to receive such communications, please use the "unsubscribe" function within the Site or let us know by sending an email to firstname.lastname@example.org. Also, TES will ensure that any marketing communications sent by electronic means will provide a simple method for you to opt-out or unsubscribe.
Does TES share the information it collects with any third parties?
TES will not sell or otherwise share your personal information outside the TES family of companies, including to United Technologies Corporation, which is TES's ultimate parent company, and to other affiliates within the United Technology Corporation family of companies, except to:
• Service providers TES has retained to perform services on our behalf. TES will only share your personal information with service providers with whom TES has contractually restricted from using or disclosing the information except as necessary to perform services on our behalf or to comply with legal requirements;
• comply with legal obligations, including if we are required to do so by law, in response to a legitimate legal request from law enforcement authorities or other government regulators;
• investigate suspected or actual illegal activity;
• prevent physical harm or financial loss; or
• support the sale or transfer of all or a portion of our business or assets (including through bankruptcy).
Third party payment processors
How can you access, correct, or change your personal information?
TES allows users to access, correct, or change information submitted to TES or to report problems with the Site or to pose questions or concerns by sending an email to email@example.com. You should use the same contact information to revoke consent to our continued use of your personal information.
If you make a request to review a copy of your personal information, TES will require proof of identity to ensure that we are protecting your privacy in responding to access requests. Additionally, applicable law may permit TES to charge you a nominal sum in order to cover administrative costs in responding to your request.
What should you understand about the third party links that may appear on this Site?
In some instances, TES may provide links to non-TES controlled websites. However, TES does not control such third-party websites, and cannot be responsible for the content or the privacy practices employed by other sites.
What additional information should Site users in California know?
Annually California residents may request and obtain information that TES shared with other businesses for their own direct marketing use within
the prior calendar year (as defined by California's "Shine the Light Law"). If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which TES shared this information in the immediately preceding calendar year. To obtain this information, please send an email message to firstname.lastname@example.org with "California Shine the Light Privacy Request" in the subject line as well as in the body of your message.
How might TES change this notice?
As TES expands and improves this Site, we may need to update this notice. This notice may be modified from time to time without prior notification. We encourage you to review this notice on a regular basis for any changes. Substantive changes will be identified at the top of the notice.
How can you contact TES?
If you have any comments or questions or if there are other things we can do to maximize the value of this Site to you, please email email@example.com. If you have questions about TES's privacy practices general, please email firstname.lastname@example.org.
Updated by the TES on March 16, 2017.
Copyright © Carrier Corporation 2017. All rights reserved.
Terms and conditions of sale
1. Entire Agreement.
Unless otherwise agreed in a writing signed by authorized representatives of both Buyer and Seller, the sole terms on which the sale of the goods described herein are made shall be the Seller terms of sale contained herein, and any different or additional terms proposed by Buyer (including those contained in Buyer's purchase order) are excluded, all previous or contemporaneous, oral or written, statements are superseded, and Buyer's acceptance of the goods shall be deemed acceptance of these Seller terms of sale (the "Agreement"). No valid waiver of any term hereof at any time shall be deemed a waiver of any other term at such time or any other time. No change, modification, amendment or waiver of any of the terms hereof shall be binding upon the parties unless made in writing and duly executed by both parties hereto.
2. Payment and Taxes.
Unless stated otherwise, prices are stated in U.S. dollars, are subject to change without notice, and do not include taxes or duties of any kind. These are the obligation of Buyer, and imposition of such upon Seller shall entitle Seller to reimbursement from Buyer. Subject to credit approval, payment shall be made net 30 days from date of invoice unless otherwise agreed in writing. If payment is not timely made, Seller shall have the right to charge interest on the unpaid balance, which shall accrue from the due date at a rate, which is the lesser of 2% per month, or the maximum legal rate. Buyer shall indemnify Seller against any and all expenses of collection arising from Buyer's default.
3. Shipping and Risk of Loss.
Unless designated otherwise, goods are sold FCA (INCOTERMS 2010) Seller's facility. Title and risk of loss to any of the goods shall pass to Buyer upon Seller's tender of the goods to the carrier at Seller's facility. Seller shall have the right to ship any portion of the goods included in this Agreement as a partial shipment. Unless specifically agreed in writing, shipment dates quoted are estimates, and Seller does not guarantee a particular date for shipment or delivery of the goods. Seller cannot guarantee same day shipping on any orders received after 1:00pm (Pacific Standard Time).
All goods shall be examined carefully by the Buyer before the transportation receipt is signed. If any of the goods are delivered damaged, the Buyer shall require the agent of the transportation company to make a notation of delivery condition on the freight bill and immediately file a damage claim with the delivering carrier. All shipments will be insured to protect Buyer's interest unless Buyer returns a signed statement requesting that the shipments not be insured and that Buyer understands that all lost or damaged shipments are the responsibility of the Buyer. The charges for this insurance will be included in the shipping and handling charges and must be paid by the Buyer unless the appropriate signed statement is returned and on file with Seller. Any instance of an item missing from a package that is not damaged must be reported to Seller within 48 hours of receipt of shipment from carrier. If an item is missing from a damaged package, report this loss to the carrier.
Goods may not be returned without Seller's prior written approval.
All manufacturers part numbers used in Price List or Catalog are for reference only.
Seller warrants all parts are free from defects in material and workmanship for a period of ninety days from date of shipment. Seller's obligation to replace the defective goods during the warranty period shall be Buyer's exclusive remedy and IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller shall have no liability whatsoever for equipment or component failures or other damages or losses which arise solely as a result of improper installation or incorrect application of the goods or against deterioration or corrosion after shipment.
Unless specifically agreed in writing, Seller shall not be liable for corrosion, or the physical or chemical effects of liquids, gases, or other materials used with the goods.
5. Limitation of Liability.
Seller's liability and Buyer's sole remedy under this Agreement shall be limited to replacement (at Seller's option and cost) of the defective or non-functioning good or part thereof. In no event shall Seller's maximum liability under this Agreement, regardless of cause, exceed the total amount paid by Buyer to Seller for the goods pursuant to this Agreement. Under no circumstances shall Seller be liable for any indirect, incidental, special, consequential, exemplary or punitive damages of any kind, including but not limited to loss of revenue, loss of use of equipment, facilities or property, or economic damages, whether in contract, tort (including negligence), warranty or otherwise, notwithstanding any indemnity or other provision to the contrary, and regardless of whether Buyer had been advised of the possibility of such damages. Any claim for breach of contract or obligation must be brought within one year after the breach occurs
Goods in addition to, or different from, those stated herein, and changes in drawings or specifications, shall be subject to Seller's written approval and the terms of this Agreement and shall entitle Seller to an adjustment in the Agreement price and schedule.
Buyer shall protect and maintain in confidence this Agreement and all information contained in this Agreement along with all current price lists and discount schedules, parts sales, service, repair and installation literature, materials and documents and any other data or information furnished by Seller which may be or is considered by Seller to be of a proprietary nature.
8. Excusable Delay.
Unless specifically agreed in writing, shipment dates quoted are estimates, and Seller does not guarantee a particular date for shipment or delivery of the goods. Seller shall not be deemed to be in default nor shall Seller be liable for any losses, damages, or penalties occasioned by late performance, nor for any deviations in performance due to or on account of delays in the delivery of the goods or in the performance of any other act to be performed by the Seller under this order due to any cause to the extent it is beyond Seller's reasonable control and not occasioned by Seller's fault or negligence, including but not limited to fires, strikes, labor disputes, supplier delays, governmental actions, acts of terrorism, or acts of nature. In case of such delay, deliveries shall be resumed when delays have ceased to exist.
9. Compliance with Laws.
By entering into this Agreement, the parties agree to comply with all applicable laws, regulations, rules and guidelines, including but not limited to those dealing with bribery and the export, re-export, or transfer of goods, software and technology. The failure of a party to abide by the obligations of this section will be deemed a material breach permitting the other Party to terminate this Agreement immediately by written notice to the defaulting party without prejudice to any other remedies that may be available to it.
10. Government Sales.
The components, equipment and services provided by Seller are "commercial items" as defined in Section 2.101 of the Federal Acquisition Regulations ("FAR"), and the prices of such components, equipment and services are based on Seller's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, or any similar procurement regulations). As such, Seller will not agree to provide or certify cost or pricing data, nor will Seller agree to comply with the Cost Accounting Standards (CAS). In addition, no federal government procurement regulations, such as FARs or DFARs, shall apply to this Agreement except those regulations expressly accepted in writing by Seller.
11. Export Controls.
Buyer acknowledges that the goods and/or services (and any related data) provided hereunder are subject to the laws and regulations of the United States that govern exports and other international trade controls that may restrict transfers of such items to other countries and parties. Buyer and its employees and agents shall not export, reexport, supply or release such items contrary to the laws and regulations of the United States and other countries relating to export trade, or to any country, entity or other party which is ineligible to receive such items under U.S. laws and regulations, including regulations of the U.S. Department of Commerce or the U.S. Department of the Treasury.
Buyer shall not assign or in any way dispose of its rights or obligations under this Agreement without Seller's consent in writing, which may be withheld in Seller's sole discretion. Seller may assign its rights or obligations under this Agreement to any affiliate of Seller in its sole discretion.
Buyer consents and agrees that Seller may, from time to time, publicize Seller projects with Buyer, including the value of such projects, in all forms and media for advertising, trade, and any other lawful purposes. In no event will these materials include competitively sensitive information, nor shall Seller engage in advertising practices which convey, or are reasonably calculated to convey, a false impression of sponsorship, approval or endorsement of any product or service.
14. Personal Data Protection.
For the purpose of this section, "Personal Data", "Processing", "Consent" (in relation to a data subject), and "Recipients" shall have the meaning ascribed to them in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, as may be amended from time to time, or any successor to such Directive.
Purposes of Processing.
The Buyer acknowledges and agrees that, in the course of providing the products/services contemplated by the Agreement, including those product/services which entail the use of electronic means of communication, Seller will collect, Process, or have collected and Processed, Personal Data, including in the form of electronic communications, related to the Buyer and/or its employees, directors and officers and all other agents or representatives appointed by the Buyer to deal with Seller (the aforementioned persons, the "Data Subjects").
Such collection and Processing will be made for the following purposes:
o for the performance of Seller's obligations under the Agreement;
o to administer the contractual relationships between Seller or any of its affiliates and the Buyer;
o to manage and improve Seller's and its affiliates' businesses and products/services (including to monitor the quality of products/services, implement standard sales strategy, consolidate information and provide market intelligence, measure sales force efficiency and increase productivity or for training or risk-management purposes);
o to promote, market and provide information regarding products and services provided by Seller or any of its affiliates;
o for legal and compliance purposes;
o to prevent abuses or fraud;
o to prepare statistics, tests, customer profiles; and/or
o for anti-money laundering, anti-terrorism financing and fraud prevention.
The Buyer shall procure the Consent of the Data Subjects for Seller to Process Personal Data for the aforementioned purposes. Refusal of a Data Subject to the collection or Processing of Personal Data may prevent, obstruct or otherwise affect the Buyer's contractual relationships with Seller.
Recipients of Personal Data.
Recipients of Personal Data relating to the Data Subjects may include: any affiliate of Seller, including their agents, employees having reason to access and process such Personal Data; institutions, sub-contractors, agents or third parties used by Seller or any of its affiliates for the purposes of providing any of the products/services that may from time to time be provided to the Buyer by Seller or any of its affiliates; regulatory, prosecuting and other governmental authorities, courts and litigation counterparties.
Transfers of Personal Data outside the EEA.
Seller reserves the right to transfer and store or have stored Personal Data outside of the European Economic Area (the "EEA") to its affiliates, subcontractors or service providers. Buyer shall procure the Consents of the Data Subjects to the transfer of Personal Data related to the Data Subjects to Recipients located in countries outside the EEA.
Right of Access, Correction and Objection.
The Data Subjects have legal rights of access to, correction and deletion of their Personal Data as well as the right to object to the Processing of their Personal Data on legitimate grounds. They may exercise any of those rights by contacting such person, department or service as Seller may specify to Buyer from time to time.
Information and Consent of Data Subjects.
Buyer will inform all relevant Data Subjects with regard to the matters set out in this Article and obtain their Consent to the Processing of their Personal Data as set forth herein, including in respect of the transfer of their Personal Data outside the EEA. Buyer will also provide the Data Subjects with all necessary information to exercise their legal rights to access, correct or object to the Processing of their Personal Data, as provided above. At Seller's request, Buyer will provide Seller with evidence of the Data Subjects' Consent and information pursuant to the foregoing, in a form reasonably acceptable to Seller.
15. Choice of Law.
This Agreement and any sales or other transactions arising hereunder or related hereto shall be governed by, and construed in accordance with, the laws of the State of New York (excluding its conflicts of law provisions). The provisions of the U.N. Convention on Contracts for the International Sales of Goods shall not be applicable. A determination that any provision of this Agreement is ineffective or unenforceable shall not impair the enforceability of other provisions contained herein.
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Thermo Engine Supply
1611 S. Sunkist St.
Anaheim, CA 92806