Terms and Conditions
1. PRICES
Prices are Ex Works shipping point. Unless otherwise stated in the quote, prices are subject to change without notice unless specified by DeltaTrak in its quotation. Current price and availability can be confirmed with our Order Processing Department. Customer shall be responsible and will be billed at the time of product/service invoicing for all applicable sales and other taxes, unless and until such time as Customer provides a tax-exemption certificate to DeltaTrak with respect to such taxes.
2. SHIPMENT
All orders are shipped FedEx ground unless otherwise requested. A 1% handling fee shall be applied should customer use their own freight service account.
3. PAYMENT TERMS
(A) US Distributors: Payment terms are Net 20 Days upon credit approval. Accounts not paid when due shall be considered past-due and shall bear interest thereafter until paid at a rate of 1.8% per month. MasterCard, VISA 2% processing fee or American Express 3% processing fee. (B) International distributor orders require pre -payment via wire transfer, Master Card, Visa, American Express or bank/cashier’s check drawn in U.S. dollars.
4. RETURNS
No goods may be returned without prior written approval. No returns will be accepted without a Return Goods Authorization number (RGA number). To obtain the RGA number please contact our Order Processing Department with the reason for the return, date of purchase, and invoice number. Items being returned for credit must be shipped back to DeltaTrak in the original conditio n as it was received, within 20 Days from date of purchase. The RGA number must be clearly marked on all packages and documents. (A) Refunds are only available as credit toward future purchases. (B) The following non -returnable conditions shall apply:
- Custom or special-order items
- Items with damaged, missing or defaced labels
- Instruments that were used beyond the design limits of the product
- Instruments exhibiting obvious physical damage.
5. CANCELLATION
Cancellations of orders or returns made because of customer ordering error are subject to cancellation or restocking fees. 15% cancellation or restocking fee and any shipping charges incurred on standard items.
6. WARRANTY
DeltaTrak instruments have a limited warranty period of 1 year against defects in materials and workmanship from the date of purchase. Accessory items and sensors have a limited warranty of 3 months. Repair services have a limited warranty period of 3 months against defects in materials and workmanship. DeltaTrak shall, at its option either repair or replace hardware products that prove to be defective, if a notice to that effect is received within the warranty period. DeltaTrak makes no other warranties or representations of any kind whatsoever, expressed or implied, except that of title, and all implied warranties including any warranty of merchantability and fitness for a particular purpose are hereby disclaimed. DeltaTrak shall warrant that the PRODUCTS are in operating condition at the time of shipment. The warranty shall be limited to the following provisions: DeltaTrak instruments are monitoring devices, which do not control nor regulate. Therefore, the manufacturer’s liabilities are limited to the replacement of or refund for any instrument that may be defective or fails to function as noted under the terms and conditions herein. DeltaTrak will have no obligation to the extent that any failure of a PRODUCT to comply with the limited warranty results from or is otherwise attributable to 1) negligence, misuse, 2) modifications, alterations or repairs to the PRODUCTS made by a party other than DeltaTrak.
7. LIMITATION OF LIABILITY
The remedies of purchases set forth herein are exclusive and the total liability of DeltaTrak with respect to this order, whether based on contract, warranty, negligence, indemnification, strict liability or otherwise, shall not exceed the purchase price of the product upon which liability is based. In no event shall DeltaTrak be liable for consequential, incidental or special damages. These Terms and Conditions in the event of any dispute shall be governed by the laws of the Un ited States District Court for the Northern District of California, USA, and each party shall be responsible for their own legal fees incurred.
8. LEGAL DISCLAIMER
Prices are subject to change without notice. DeltaTrak reserves the right to correct clerical or typographical errors (E & OE – Errors and Omissions Excepted).
