Terms and Conditions

Effective Date: 05/26/26  |  Last Updated: 05/26/26

These Terms and Conditions (“Terms”) govern your access to and use of the website located at caphvac.com (the “Site”), the request of quotes, the placement of orders, and the purchase of products and services from CAP HVAC (“CAP HVAC,” “we,” “us,” or “our”). By accessing the Site, submitting a quote request, registering an account, or placing an order, you (“you” or “Customer”) agree to be bound by these Terms together with our Privacy Policy, Shipping Policy, and Return and Warranty Policy, each of which is incorporated by reference. If you do not agree to these Terms, please do not use the Site or order from us.

These Terms apply to commercial, business, and professional purchasers, including wholesalers, distributors, contractors, and facilities operators. We reserve the right to refuse service or decline any order at our discretion.

1. About CAP HVAC

CAP HVAC is an independent supplier of aftermarket replacement parts for commercial and industrial HVAC and refrigeration compressors. All manufacturer names, brand names, model numbers, and descriptions used on the Site are referenced solely for identification and compatibility purposes and remain the property of their respective owners. CAP HVAC is not affiliated with, authorized by, sponsored by, or otherwise connected to any original equipment manufacturer (OEM). Parts supplied by CAP HVAC are compatible aftermarket replacements and are not original OEM parts.

2. Accounts and Eligibility

Certain features of the Site, including viewing prices and placing orders, require account registration. By creating an account, you represent that you are at least 18 years of age, that you have the authority to bind the business or organization on whose behalf you are registering, and that the information you provide is accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized access or suspected security breach. We reserve the right to suspend or terminate accounts at our discretion, including for inactivity, misuse, non-payment, or breach of these Terms.

3. Product Information, Pricing, and Availability

We make reasonable efforts to display product information, specifications, images, and pricing accurately. Product images are for illustration only and may not depict the exact part you receive. Specifications, dimensions, materials, and finishes are subject to change without notice as we improve our products.

Prices shown on the Site are quoted in U.S. dollars and are exclusive of applicable taxes, duties, customs charges, shipping, and handling fees, which will be calculated separately. Prices are subject to change without notice and the price applicable to your order is the price in effect at the time we accept that order. We reserve the right to correct any typographical, pricing, or product-description errors and to refuse, cancel, or limit orders affected by such errors, even after an order has been submitted or confirmed.

All products are offered subject to availability. We do not guarantee that any item shown on the Site is currently in stock. If a part you order is unavailable or backordered, we will notify you and offer the option to wait, substitute a compatible part, or cancel the affected portion of the order.

4. Quotes and Orders

Many parts are available only through a quote request. Quotes are valid for the period stated on the quote (or, if not stated, for thirty (30) days from issuance) and are subject to availability and confirmation at the time of order. Quotes do not constitute an obligation to sell.

An order is submitted when you complete the checkout or quote-acceptance process. Your submission constitutes an offer to purchase. A contract is formed only when we accept the order in writing (including by email confirmation indicating that the order has been processed or shipped). We may decline any order at our discretion, including for reasons such as suspected fraud, export restrictions, errors in pricing or description, inability to verify information, or non-payment of prior invoices.

5. Payment Terms

Unless we have agreed to credit terms in writing, payment is due in full at the time of order. Accepted payment methods are those displayed at checkout, which may include major credit cards, debit cards, ACH transfer, wire transfer, and other methods we may offer from time to time. You represent that you are authorized to use the payment method submitted and that the billing information provided is accurate.

If we have extended credit terms to you, invoices are payable in accordance with the terms stated on the invoice. Past-due amounts accrue interest at the lower of one and one-half percent (1.5%) per month or the maximum rate permitted by law. You are responsible for all costs of collection, including reasonable attorneys’ fees. We may suspend shipment, withhold further orders, or revoke credit terms for any account with past-due balances.

All sales taxes, duties, tariffs, customs charges, and other governmental fees are your responsibility unless you provide a valid exemption certificate before invoicing.

6. Shipping, Delivery, and Title

Shipping, delivery, and risk-of-loss terms are described in our Shipping Policy. Unless otherwise agreed in writing, shipments are made FOB Origin: title and risk of loss pass to you when the carrier accepts the shipment from our facility. Delivery dates provided by us are estimates only; we are not liable for delays caused by carriers, weather, customs, force majeure, or other circumstances beyond our reasonable control.

7. Inspection and Acceptance

You must inspect the parts upon receipt. Visible damage, shortage, or incorrect items must be reported to us within five (5) business days of delivery. If you do not notify us within that period, the parts will be deemed accepted, except as expressly provided in our Return and Warranty Policy.

8. Returns and Warranty

Returns and warranty claims are governed by our Return and Warranty Policy, which forms part of these Terms. Please review that policy for the conditions, time periods, and procedures that apply.

9. Intended Use; Customer Responsibilities

Parts sold by CAP HVAC are intended for installation and use by qualified, properly trained technicians in accordance with industry practice, applicable codes, OEM service procedures, and all relevant safety standards. You are solely responsible for: confirming that a part is correct for your application before installation; storing, handling, and installing the part properly; complying with all applicable safety, environmental, refrigerant-handling, electrical, and pressure-vessel regulations; and operating the equipment within its rated specifications.

Improper selection, storage, installation, or operation of a part voids any warranty and releases CAP HVAC from any related liability.

10. Intellectual Property

The Site and its contents – including text, graphics, logos, images, product photography, software, layouts, and the compilation of all content – are the property of CAP HVAC or its licensors and are protected by United States and international intellectual-property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for the purpose of researching and purchasing products for your own business use. You may not copy, reproduce, distribute, modify, scrape, frame, mirror, or create derivative works of any portion of the Site without our prior written consent.

Manufacturer names and trademarks referenced on the Site are the property of their respective owners and are used solely for identification of compatible aftermarket parts.

11. Acceptable Use

You agree not to use the Site to: (a) violate any law, regulation, or third-party right; (b) submit false, misleading, or fraudulent information; (c) interfere with or disrupt the Site or its underlying systems; (d) attempt to gain unauthorized access to any account, server, or network; (e) introduce any virus, malware, or other harmful code; (f) use any automated means, including bots or scrapers, to access the Site, except for publicly available search-engine indexing; or (g) resell, redistribute, or use the Site’s data for any commercial purpose other than purchasing products from us.

12. Export Controls and Compliance

You agree to comply with all applicable U.S. export-control laws and regulations, including the Export Administration Regulations and U.S. sanctions programs. You represent that you are not located in, under the control of, or a national or resident of any country or party subject to U.S. trade sanctions or export prohibitions, and that you will not export, re-export, transfer, or divert any product purchased from us in violation of applicable law.

13. Disclaimer of Warranties

Except for the express limited warranty set forth in our return and warranty policy, all products and services are provided “As is” and “As available.” to the fullest extent permitted by law, cap hvac disclaims all other warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site will be uninterrupted, error-free, secure, or free from harmful components, or that information on the site is accurate, complete, or current.

14. Limitation of Liability

To the fullest extent permitted by law, in no event will cap hvac, its affiliates, or its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost goodwill, cost of substitute products, equipment downtime, or business interruption, arising out of or relating to these terms, the site, or any product sold by us, whether based in contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Our total cumulative liability arising out of or relating to any product or order will not exceed the amount you paid to us for the particular product giving rise to the claim. These limitations apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless CAP HVAC and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your use or misuse of any product purchased from us, including any installation, modification, or operation of the product; (c) your violation of any law or third-party right; or (d) any negligence or willful misconduct by you or anyone acting on your behalf.

16. Force Majeure

We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, supplier or carrier delays, pandemics, fires, floods, power or telecommunications failures, or transportation disruptions.

17. Termination

We may suspend or terminate your access to the Site or your account, with or without notice, for any reason, including suspected violation of these Terms. Sections that by their nature should survive termination – including payment obligations, warranty disclaimers, limitations of liability, indemnification, and governing law – will survive.

18. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them, the Site, or any product purchased from us are governed by the laws of the State of Ohio, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties agree that any action, suit, or proceeding arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in Cuyahoga County, Ohio, and each party consents to the personal jurisdiction of those courts. Any claim must be brought within one (1) year after the cause of action accrues, or it will be permanently barred.

19. Changes to These Terms

We may revise these Terms from time to time. The version in effect on the date you place an order will govern that order. Material changes will be communicated by updating the “Last Updated” date and posting the revised Terms on the Site or, where appropriate, by direct notice. Your continued use of the Site after a revision constitutes acceptance of the updated Terms.

20. Miscellaneous

These Terms, together with our Privacy Policy, Shipping Policy, Return and Warranty Policy, and any order acknowledgments or written agreements between us, constitute the entire agreement between you and CAP HVAC regarding the subject matter addressed and supersede all prior or contemporaneous communications. Any pre-printed terms on your purchase order that conflict with or are in addition to these Terms are expressly rejected, even if we acknowledge or accept such purchase order. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right or provision will not be considered a waiver. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms freely.

21. Contact Us

Questions about these Terms or any order should be directed to:

CAP HVAC

12901 Elmwood Ave
Cleveland, OH 44111, United States
Phone: +1-855-612-3405
Product inquiries: info@caphvac.com
Sales inquiries: sales@caphvac.com