Terms & Conditions of Sale
The online store at https://opticlean.carrier.com/ (“Store”) is owned and operated by Carrier Corporation, its subsidiaries, affiliates and/or related entities (collectively, “Carrier”). Your purchase of Carrier products (“Products”) from the Store constitutes your agreement to be bound by these Terms & Conditions of Sale (“Terms & Conditions”) and any additional terms we provide, including but not limited to our Terms of Service and Privacy Notice.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS.
Carrier reserves the right to change these Terms & Conditions at any time; the Terms & Conditions in force at the time you place on order will apply between you and Carrier.
The Store is for retail sales to commercial consumers only for use in their business. There is a maximum purchase limit of 5 OptiCleanTM units per customer. Carrier reserves the right to refuse or cancel your order if we suspect you are purchasing products for resale or for personal or household use, or if you attempt to purchase more than 5 total units. Please contact us if you wish to purchase Products as a distributor or dealer.
Title for Products purchased from the Store passes to the purchaser FOB Origin, which is the time of delivery by Carrier to the freight carrier. Risk of loss for such Products passes to freight carrier or distributor, as applicable, FOB Origin, and freight carrier or distributor will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
1. Marketing and Use of Products
The Products available on the Store have been designed, marketed and sold for use by residents of the contiguous United States. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English. The Products available on the Store are not intended for use outside of the United States, and Products purchased from the Store will not be shipped to any addresses outside of the contiguous United States. You are responsible for complying with all applicable laws and regulations of the United States, state and local jurisdiction for which the Product is destined. We are not liable or responsible if you break any such law and to the extent permissible by law, Carrier accepts no responsibility or liability for any damage or loss caused by your access or use of the Store or any Carrier Products in a country outside of the United States.
You represent and warrant that you are authorized to use the designated payment method of your choice at the time of order, and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
3. Availability and Pricing
All Products offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products without prior notice. Prices for the Products are subject to change at any time, but changes will not affect any order for Products you have already placed.
There may be laws in the jurisdiction in which you intend to use the Product applicable to who may install a Product and where and how it may be installed. You should check that you are in compliance with all relevant laws in your jurisdiction. Carrier is not responsible for any injury or damage caused by unlawful self-installation.
5. Returns for Refund
If you want to return the Product you purchased from the Store for a refund, you must complete the return process within 30 days of receipt (the “Cancellation Period”). To initiate a return, you must complete the return process from your account page as indicated below:
1) Log into your account to view your account information. Your past orders will display under the Order History section.
2) Under the Order History section, click on the “View Order” link next to the order number associated to the product you would like to return. The order details will be displayed.
3) Click the “Return Order” button above the Billing Address section.
4) Complete the Return Order form displayed. Be sure to select the product you would like to return and the appropriate return reason. Next, fill in any additional comments about your return within the form. Once your return request is approved, your refund will be issued, and you do not need to return the OptiClean product.
6. Limited Warranties and Disclaimers
As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an “as-is” basis unless otherwise noted in the Limited Warranty included with a Product. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
You use any Products at your own discretion and risk. You will be solely responsible for (and Carrier disclaims) any and all loss, liability or damages resulting from your use of a Product, including damage or loss to your HVAC system, plumbing, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home.
7. Limitation of Liability
Nothing in these Terms & Conditions and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law. You agree to provide prompt written notice to Carrier, at the address set forth in Section 9(b), of any potential claims you may allege in order to allow Carrier sufficient opportunity to cure any alleged defect and/or mitigate any alleged damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) CARRIER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR SUBSCRIPTION SERVICES, EVEN IF CARRIER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) CARRIER’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE PRICE ACTUALLY PAID BY YOU TO CARRIER FOR THE PRODUCT AT ISSUE . THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. CARRIER DISCLAIMS ALL LIABILITY OF ANY KIND OF CARRIER’S LICENSORS AND SUPPLIERS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Data Protection
By placing an order for Products, you agree and understand that Carrier may store, share, process and use data collected from you for the purposes of processing the order. Carrier may also share such data globally with its affiliates, with its shipping and logistics providers, and with third party HVAC distributors and contractors for shipping and logistics related purposes, or if you are interested in purchasing additional products. Carrier will protect your information in accordance with its Privacy Notice. Carrier works with other companies to provide Products to you, such as freight carriers and credit card processing companies, and Carrier may have to share certain information with these companies for this purpose.
9. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
(a) Arbitration. Carrier and you agree to arbitrate all disputes and claims that arise from or relating to these Terms & Conditions or your use of the Products in any way. This agreement to arbitrate is intended to be broadly interpreted to apply to all claims, including but not limited to, for example:
- claims arising out of your purchase of any Product, or of your use of any Product.
- claims arising out of or relating to any aspect of the relationship between Carrier and you that is created by your purchase and/or use of a Carrier Product and/or that involves these Terms & Conditions;
- claims that arose before you accepted these Terms & Conditions, such as claims related to disclosures or the marketing of the Products;
- claims that may arise after the termination of your use of the Products or any agreement between us; and
- claims brought by or against our respective subsidiaries, parent companies, members, affiliates, as well as the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities, you, and Carrier.
This arbitration agreement does not preclude either of us from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction. In addition, Carrier or you may seek injunctive or other equitable relief to protect trade secrets and intellectual property rights or to prevent loss or damage in any court with competent jurisdiction.
You agree that, by entering into this agreement, we are each waiving the right to a trial by jury or to participate in a class or representative action. These Terms & Conditions evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
(b) Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Carrier should be sent to:
30 S. Meridian St., Suite 3500
Indianapolis, IN 46203
Carrier will send notice to you at the e-mail and/or mailing addresses associated with your purchase or account created with Carrier. Your notice to Carrier must (a) provide your name, mailing address, and email address; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration.
(c) Arbitration procedures. If you are an individual or entity who is purchasing a Carrier Product for other than personal or household uses (e.g., business, commercial, or industrial uses), the arbitration will be governed by the Commercial Arbitration Rules of the AAA (“Commercial AAA Rules”), as modified by these Terms & Conditions, and will be administered by the AAA. The Commercial AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If the AAA is unavailable, the parties shall agree to another arbitration provider or the court shall appoint a substitute. Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) in which you ordered the Carrier Product.
Subject to the Commercial AAA Rules and the discretion of the arbitrator(s) you and Carrier may choose to have the arbitration (including, but not limited to the preliminary hearing, as well as the final merits hearing) conducted by telephone or online video conferencing platform (e.g., Zoom).
In an arbitration dispute commenced by you, Carrier will not seek attorneys’ fees and costs in arbitration unless the arbitrator or arbitrators determine the claims are frivolous.
If a “documents-only” procedure (where disputes are heard on documents only and no in person hearing is conducted) is permissible under the Commercial AAA Rules, and Carrier expresses a preference to use the “documents-only” procedure, you will agree and stipulate to the use of the documents-only procedure.
(d) Costs of arbitration. The AAA’s fee schedule is subject to change and may be found in the Commercial AAA Rules (available online at www.adr.org or by calling the AAA at 1-800-778-7879).
(e) No class arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND CARRIER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(f) 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section 9, you must notify Carrier in writing within 30 days of the date that you first accept these Terms & Conditions (unless a longer period is required by applicable law). Your written notification must be mailed to Carrier at the following address:
30 S. Meridian St., Suite 3500
Indianapolis, IN 46203
If you do not notify Carrier in accordance with this section 9(f), you agree to be bound by the arbitration and class-action waiver provisions of these Terms & Conditions, including such provisions in any Terms & Conditions revised after the date of your first acceptance.
Such notification must include: (a) your name, (b) the email address associated with your Carrier account, (c) your mailing address, and (d) a statement that you do not wish to resolve disputes with Carrier through arbitration. If you previously entered into other arbitration agreements with Carrier through other Product purchases or otherwise, or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms & Conditions shall not affect the other arbitration agreements between you and Carrier.
10. Electronic Communications
You agree that all agreements, notices, disclosures and other communications that Carrier provides to you electronically through the Store satisfy any legal requirement that such communications be in writing.
11. Force Majeure
Carrier will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, pandemic, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
The obligations in Sections 6 through 15 will survive any expiration or termination of these Terms.
Failure or delay by us to enforce any of these Terms & Conditions will not constitute a waiver of Carrier’s rights against you and does not affect our right to require future performance thereof.
15. Governing Law and Jurisdiction
These Terms & Conditions are governed by the laws of the State of Indiana without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. While all disputes arising under these terms and conditions or relating to your purchase are required to be arbitrated pursuant to Section 9, to the extent that such provision is unenforceable or you are allowed any provisional remedy outside of arbitration, you agree to submit to the exclusive personal jurisdiction of the state and federal courts in Indiana, and knowingly waive any trial by jury for any such action.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT.
Last updated: March 8, 2021