Terms of service

TERMS & CONDITIONS

These Terms and Conditions (“Terms”) are entered into by and between you and Rural Power Systems Inc. dba RPS Water Pumps, and apply to any products purchased from RPS Water Pumps (“RPS Products”) and related services provided through our website (“Services”). BY PURCHASING OR USING RPS PRODUCTS and/or SERVICES YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, AND OUR PRIVACY POLICY. If you do not want to agree to these Terms or the Privacy Policy, you must not purchase any RPS Products or Services

CHANGES TO THE TERMS

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them on our Website (www.rpswaterpumps.com), and apply to all purchases of RPS Products and all access to and use of the Services thereafter.

Your purchase of RPS Products and continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

PRODUCT INFORMATION

All RPS Product descriptions, prices, and availability are subject to change without notice. We also reserve the right to limit the quantities of any Products or Services that we offer, and to refuse service to anyone for any reason at any time.

DIY INSTALLATION WARNING; ASSUMPTION OF RISK

RPS Water Pumps (“RPS Products”) come with an easy to install Do-It-Yourself (“DIY”) kit intended for the consumer to install themselves or with the help of others. THE RISK OF INJURY AND ELECTRIC SHOCK EXISTS AND COULD RESULT IN SERIOUS BODILY INJURY OR DEATH. You are the best judge of your own capacity and qualifications to determine whether you can install the RPS Products or if you require assistance. Only qualified persons should install the products. Turn off power before installing. By purchasing an RPS Product, you acknowledge the potential risks and agree to assume all such risks of injury, including death.

In some cases, you may decide to hire a professional to complete some or all of the installation. Whether self-installed or professionally installed, RPS Water Pumps is unable to guarantee or offer any compensation for troubleshooting, replacing parts, pulling pumps or anything else involved in the troubleshooting/replacement process, regardless of the reason for the warranty claim.

But never fear, RPS Water Pumps has tens of thousands of customers across the USA who have successfully installed and, in those rare cases, troubleshoot their system with the help of our dedicated RPS Water Pumps support engineers!

Utility Power can produce a significant amount of energy, which can cause electric shock. Please exercise caution when installing your well pump and follow the step-by-step instructions in this manual for your safety. Whenever you’re working with electrical wiring or connections, make sure:

the controller is set to OFF (if applicable)
to remove exposed jewlery or other metalic items
to ground the system for saftey and to prevent damage to equipment

ORDERING AND PAYMENT

When you place an order on our Website, you agree to pay for the RPS Products and any applicable shipping and handling fees. We accept payment by credit card, debit card, and PayPal, and all payments are processed securely through a third-party payment processor.

Your order confirmation email is not a guarantee that we have the product in stock or that we will be able to ship the product to you. We reserve the right to cancel any order at any time and for any reason.

The information for all orders placed on our Website is encrypted using industry standard SSL technology. We do not store your credit card information on our servers.

PROCESSING, SHIPPING AND DELIVERY

We make every attempt to ship the same day the order is received. Sometimes, this is not possible, and the items will ship the following day or days.

Many of our systems include items. This usually requires ground shipping by a third-party carrier. We also utilize flat rate USPS boxes to try to keep shipping costs down on a case-by-case basis. We charge flat rate shipping based on the products weight and size. If you have a preferred third-party shipping service, please provide this preference with your billing details during the checkout process.

Due to popularity, some of our items require a bit of extra time to ship. This will be noted on the product page along with an estimated shipping lead time. Please contact us if you have any concerns, and we will try our best to accommodate your specific needs and communicate throughout.

We will ship your order to the shipping address provided by you during the checkout process. Shipping times and delivery dates are estimates only and are not guaranteed. You are responsible for any customs duties, taxes, or fees that may be charged by your area or country. We are not responsible for any delays or damages caused by the shipping carrier.

Title and risk of loss of the RPS Products will pass to the customer upon delivery of possession of the RPS Products by RPS Water Pumps to the carrier, subject to stoppage of RPS Products in transit.

RETURNS AND REFUNDS

Customer shall inspect the RPS Product within 30 days of receipt and will be deemed to have accepted the RPS Product unless you notify RPS Water Pumps of your intent to return the product. You may return the RPS Products purchased, for any reason, for a full refund up to thirty (30) days after the date of purchase. The RPS Products must be unused, in new condition, and you must pay the return shipping or return to product to RPS Water Pumps in person. For your convenience, we are happy to email printable shipping labels and deduct the cost (often a discounted rate vs. retail store rate) from your refund amount.

After 30 days and up to sixty (60) days after purchase, a full refund is not available, but transferrable store credit is available for returned products. Unfortunately, we do not accept returns past 60 days and are unable to offer refunds, however, your product warranty is transferable in event the system is sold during the Warranty Period.

As a condition of this return policy, you agree to give us the opportunity to troubleshoot the issue(s) with the RPS Product to work out any issues prior to return.

We have created an extensive help section of the user manual (www.rpswaterpumps.com/help) and we have an incredible team that can help work out any issues over the phone, text or email at (530) 240-3825 and service@ruralpowersystems.com

PRODUCT WARRANTY

2-Year System Warranty:

Rural Power Systems Inc. (RPS Water Pumps) warrants to the owner for a period of twenty-four (24) months from the date of purchase (“Warranty Period”) such RPS Products will be free from material defects in material and workmanship. During the Warranty Period, RPS Water Pumps will repair or replace any defective part(s) at no cost to the owner.

During the Warranty Period, in the event of a malfunction, the purchaser must return the defective product to receive a replacement. The warranty is limited to the repair or replacement of the defective product purchased from RPS Water Pumps. YOUR USE OF THE SERVICES AND RPS PRODUCTS IS AT YOUR OWN RISK. RPS WATER PUMPS DISCLAIMS ALL WARRANTIES UNLESS EXPRESSLY PROVIDED IN THESE TERMS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. The above remedies shall be the sole and exclusive remedies and RPS Water Pumps’ sole liability for any breach of the limited warranty set forth above.

This warranty does not apply when the RPS Product has not been installed according to the instructions or damage has occurred through abuse, carelessness, negligence, improper installation, connecting to an improper voltage (most commonly, connecting too many panels in series for your controller) or degraded wells. Your warranty is linked to your product’s serial number, which is on record at RPS Water Pumps. RPS Water Pumps will quote all replacements not covered by warranty or outside the warranty period.

For a complete list of other available warranties and guarantees visit: www.rpswaterpumps.com/terms/

Instant Replacement Program

We understand that time is money, which is why we offer an instant replacement program. If warranty return of a part is required, we will ship the replacement part immediately while the defective part is in transit to be returned. We require a credit card number to ensure the defective part is returned and to prevent fraud. We place a temporary hold on your card, but if the defective part is returned, there will be no charges to your credit card.

Non-Warranty Replacement

There are occasions when replacement parts will be required past the 2-year warranty period. In these cases, please feel free to contact us for information on individual parts or units. We will work with you to get your system back up and running. In addition to replacement parts, we have like-new parts and systems for sale at discount prices. Contact us for more information.

ADDITIONAL GUARANTEES

Water Assurance Guarantee:

We offer a money back guarantee that our pump systems will provide you water when sized by one of our engineers to your well, desired setup and final total dynamic pumping head. We do require static water levels, drawdown and pressure requirements are accurately estimated during the sizing process, that installation follows the instructions of the RPS User Manual, and that you give RPS engineers a chance to troubleshoot any issues.

Solar Panel Output Guarantee (if Applicable):

We provide high-quality solar panels with all our kits, and for additional peace of mind, guarantee 80% power output of solar cells for 20 years assuming no catastrophic damage.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RPS WATER PUMPS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT RPS WATER PUMPS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL RPS WATER PUMPS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OF THE RPS PRODUCTS, EXCEED THE TOTAL OF THE AMOUNTS PAID TO RPS WATER PUMPS FOR THE PRODUCTS PURCHASED BY CUSTOMER.

INDEMNIFICATION

Customer shall indemnify, defend and hold harmless RPS Water Pumps and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, incurred by Indemnified Party relating to any claim of a third party arising out of or occurring in connection with the RPS Products purchased from RPS Water Pumps or Customer’s negligence, willful misconduct or breach of this Agreement. Customer shall not enter into any settlement without RPS Water Pumps’ or Indemnified Party’s prior written consent.

INTELLECTUAL PROPERTY

All intellectual property rights of RPS materials and content on the Website, including but not limited to text, designs, images, graphics, logos, and software, is the property of RPS Water Pumps or its licensors and is protected by US intellectual property laws. You may not use any of our intellectual property without our prior written permission.

WEBSITE TERMS

Website Content. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

WITHOUT LIMITING THE FOREGOING, RPS WATER PUMPS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

We may update the content available through the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material available through the Services may be out of date at any given time, and we are under no obligation to update such material. From time to time, RPS Water Pumps may issue an update to the Services, which may add, modify, and/or remove features; these updates may be pushed out automatically with little or no notice.

Users Outside the United States. The owner of the Website is based in the state of California in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Privacy Policy. All information we collect through the Services is subject to our Privacy Policy rpswaterpumps.com/terms/. By visiting the Website and using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services (including the Website) infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to us at copyright@ruralpowersystems.com.

Feedback. To the extent that you give us feedback, comments or suggestions concerning the Services (collectively, “Feedback”), you acknowledge and agree that all Feedback is RPS Water Pumps’ sole and exclusive property, and you hereby unconditionally and irrevocably assign and transfer to RPS Water Pumps, your entire right, title and interest in and to any intellectual property rights that you may now or hereafter have in or relating to the Services. To the extent that the foregoing assignment is ineffective for whatever reason, you agree to grant and hereby grant to RPS Water Pumps a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback without restriction. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining our intellectual property rights in, and other legal protections for, the Feedback.

Restrictions on Use. These Terms permit you to use the Services, and anything available through the Website, for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

In any way that is unlawful (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any third party’s intellectual property rights or these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate RPS Water Pumps, an RPS Water Pumps employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm RPS Water Pumps or users of the Services or expose them to liability.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.

GOVERNING LAWS AND JURISDICTION

These Terms constitute the entire agreement between you and RPS Water Pumps and supersede all prior agreements and understandings. These Terms and any dispute arising from or relating to these Terms shall be governed by the laws of the state of California, without regard to its conflict of laws provisions which would require or permit the application of the laws of another jurisdiction.

ARBITRATION

Any dispute, controversy, or claim arising out of or relating to your purchase of RPS Products or use of our Services, shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the English language and shall be held in California unless otherwise agreed by the parties. There shall be one arbitrator selected in the manner prescribed by the AAA. The arbitrator shall apply the substantive law of the state of California, including the California Code of Civil Procedure regarding the rights of discovery and the California Code of Evidence regarding testimony and documents submitted. As soon as is reasonable practicable, the arbitrator shall arrive at a final decision, which shall be reduced to writing and accompanied by a written statement of the basis for such judgment.

You agree that any such arbitration shall be conducted on an individual basis and not as a class action, and that any arbitration award may not be consolidated or joined with any other arbitration proceeding. The prevailing party in any such arbitration shall be entitled to recover its reasonable attorneys’ fees and costs from the other party.

By agreeing to these Terms and to the maximum extent permitted by applicable law, you agree to waive your right to a jury trial or to participate in a class action lawsuit. You further agree that the arbitrator(s) shall have the authority to grant injunctive relief and specific performance to enforce the terms of these Terms.

This arbitration clause shall survive the termination of these Terms and Conditions and shall be binding on the customer and their respective successors and assigns.

MISCELLANEOUS PROVISIONS

This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors, heirs, and assigns. Except as expressly stated herein, no provision of this Agreement is intended to confer any benefit upon any third party and no third party shall have the right to enforce any provision of this Agreement. All paragraph and section captions and headings in this Agreement are for convenience of reference only and shall not be considered in construing this Agreement. This Agreement shall be interpreted in an even-handed manner and without regard to any presumption against the party that was responsible for its drafting. If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or impaired thereby. This Agreement, including, without limitation, any exhibit or document attached hereto, may not be modified except by an instrument in writing executed by authorized representatives of the parties. This Agreement constitutes the sole and entire agreement between the parties pertaining to its subject matter, superseding all prior and contemporaneous agreements, proposals, understandings, both written and oral, and no other representations or understandings of the parties, whether written or oral, shall be binding.

RURAL POWER SYSTEMS INC.

Privacy Policy

Date Privacy Policy Last Modified/Reviewed: March 2023.

INTRODUCTION

This Policy will inform you of Rural Power Systems, Inc. (“Rural Power Systems” or “We” or “Our”) practices for collecting, using, maintaining, protecting and disclosing your Personal Information when you visit our website www.rpswaterpumps.com (our “Website”) or use any of our online services (collectively, the Website and online services are referred to as the “Services”).

Please read this Policy carefully to understand our policies and practices regarding your Personal Information and how we will treat it. By accessing or using our Services, you agree to this Privacy Policy. If you do not agree with our policies and practices, your choice is not to use our Services because we will not be able to perform the services.

IMPORTANT INFORMATION

Purpose of this Privacy Policy

This Privacy Policy aims to give you information on how Rural Power Systems collects and processes your Personal Information through your use of the Services. This Policy applies to Personal Information we collect on this Website.

Changes to the Privacy Policy

We post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you through a notice on the Website home page or by sending an email to the email address you provided to us. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes to our Privacy Policy.

The date the Privacy Policy was last revised is identified at the top of this page.

THE DATA WE COLLECT ABOUT YOU

“Personal Information” means any information about an individual from which that person can be identified, or that relates to, describes, references or is reasonably capable of being associated with the individual. It does not include data where the person’s identity has been removed.

We collect several types of Personal Information from and about users of our Services, including the following to fulfill or meet the reason you provided the information:

Identity Data such as first name and last name
Contact Data such as email, phone and mailing address
Technical/Network Data such as internet protocol (IP) addresses, your login data, your internet connection, browser type and version, time zone setting and location, browser history, browser plug-in types and versions, operating system and platform, and information about the equipment (computer or mobile device) you use to access our Services.
Commercial/Transaction Data such as details about transactions with you and other details of services or products you have purchased from us.
Profile Data such as details specific to the user’s profile/account.
Usage Data such as information about how you use our Services.

We also may collect, use, and share de-identified Aggregated Data such as statistical or demographic data for any purpose. Although Aggregated Data may be derived from your Personal Information, it is not considered Personal Information because it does not directly or indirectly identify you. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Service. However, if we combine or connect Aggregated Data with your Personal Information so that it can directly or indirectly identify you, we will treat the combined data as Personal Information which will be used in accordance with this Privacy Policy.

We collect Technical/Network Data. We do not use automated technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). We do not maintain or associate the Technical/Network Data we collect with your Personal Information.

SHARING YOUR PERSONAL INFORMATION

We don't sell any of your information to anyone ever. In addition, you can be confident that Rural Power Systems does not sell or exchange email addresses with third parties. We hate spam just as much as you do!

We reserve the right to disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may also disclose Personal Information that we collect or you provide as described in this Policy with the parties described below:

To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Rural Power Systems’ assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Rural Power Systems about our Services’ users is among the assets transferred.

CHILDREN AND PRIVACY

Our website and services are not directed to children under the age of 13. If you believe that we have inadvertently collected information from a child under the age of 13, please contact us at the Contact Information provided below.

YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

Cookies, Tracking Technologies and Advertising. A cookie is a small file placed on the hard drive of your computer. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Do Not Track (DNT) Signals. Rural Power Systems does not use automated technologies to collect information about your online activities over time and across third-party websites or other online services to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals.
Disclosure of Your Information for Third-Party Advertising. We do not share your Personal Information with any unaffiliated third parties for advertising purposes.
Updates and Promotional Offers from Rural Power Systems. If you do not wish to have your e-mail address used by Rural Power Systems to promote or provide updates about our own or third parties’ products or services, you can opt-out by sending us an e-mail stating your request to the e-mail address provided below in the Contact Information section. If we have sent you a marketing or promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to communications with Rural Power Systems as a result of a product or subscription purchase, product service experience or other transactions.
Targeted Advertising. We do not use Personal Information to perform targeted advertising.

YOUR RIGHTS UNDER CALIFORNIA LAW

California Civil Code Section § 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please e-mail us at the address listed in the Contact Information section below.

SECURITY

We use industry-standard methods of securing electronic databases of Personal Information designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of the data transmitted to or through our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

CONTACT INFORMATION

To ask questions or comment about this Policy and our privacy practices, please reach us by email us at: privacy@ruralpowersystems.com or by telephone: (855) 560-5670