Terms and Conditions

Terms and Conditions

1.Application of Terms. The terms and conditions in this document exclusively govern and control, and entirely supercede, and are in lieu of the terms and conditions in, the Customer’s purchase order or any other document offered or proposed by Customer. All other terms or conditions of sale proposed or offered by Customer are hereby expressly rejected in the entirety. No other terms shall be valid unless specifically agreed to in writing and signed by an authorized employee of Delkin Devices, Inc.. Failure of Delkin Devices, Inc. to object to the provisions in any document sent by Customer shall not be deemed a waiver of these terms or acceptance of any terms the Customer may have requested. Delkin Devices sale of Products covered by this document are governed only by these terms and conditions of sale. This sale is made subject to the terms and conditions of sale contained in Seller’s current catalog, which terms and conditions are incorporated herein by reference. To the extent that terms and conditions printed hereon conflict with those of Seller’s current catalog or website, those printed hereon shall control. Customer shall be deemed to have expressly accepted these terms and conditions of sale if Customer requests or receives delivery of any Products. All requests for Product are subject to approval by Delkin Devices, Inc., and Delkin Devices, Inc. reserves the right to restrict or allocate Product.

2. Payment, Credit and Interest. Delkin Devices, Inc. may in its sole discretion require payment in cash in advance of shipment or otherwise change the terms of Customer’s credit or delay the shipment whether or not in transit or cancel Customer’s order without Delkin Devices, Inc. incurring any liability for loss or damage of any kind by reason of such change, delay or cancellation and with Customer remaining liable to pay for all goods already shipped. Interest on overdue payments shall be payable at the rate of one and half percent (1.5%) per month. In the event that legal action is taken by Delkin Devices, Inc. Customer shall be liable for all Delkin Devices, Inc. attorney’s fees plus costs of such action. Delkin Devices, Inc retains ( and Purchaser grants to Delkin Devices, Inc by submitting a purchase order) a security interest in the Products to secure payment in full, and Purchaser agrees to execute any additional documents necessary to perfect such security interest. If Purchaser fails to make timely payment of any amount invoiced hereunder, Delkin Devices, Inc shall have the right to claim the stock in Purchaser inventory to be returned to Delkin Devices, Inc. The Purchaser cannot transfer the right of stock not paid in full for the benefit of other creditors.

3. Shipment. All Product is sold F.O.B. Delkin Devices, Inc. warehouse in Poway, California USA, unless another location is specifically designated in writing by Delkin Devices, Inc. Title and risk of loss pass to Customer at the F.O.B. point. Customer shall be responsible for all costs associated with shipping and insurance as well as any necessary customs clearances and duties (at or after the F.O.B. point). Delivery dates acknowledged or confirmed by Delkin Devices, Inc. are estimates only, and Delkin Devices, Inc. shall not be responsible for delays in shipment or delivery or any resulting claims or damages. Customer must notify Delkin Devices, Inc. of any shipping discrepancies within forty-eight hours of receipt.

4. Pricing. Prices quoted or shown on acknowledgments are in U.S Dollars and are subject to changes by Seller without notice. Unless specified otherwise on the face hereof, the price or prices quoted on an acknowledgment may be adjusted on invoicing to reflect Seller’s change in invoice price as of the date of shipment.

5. Rescheduling and Cancellations. Orders cannot be cancelled or rescheduled without the prior written consent of Delkin Devices, Inc. Customer’s wrongful non-acceptance, cancellation, or repudiation shall entitle Delkin Devices, Inc. to recover, in addition to any incidental damages: (1) the full price of such Products: or (2) where other customers exist, damages equal to the profit which Delkin Devices, Inc. would have realized had Customer performed. Delkin Devices, Inc. shall additionally be entitled to recover expenses incurred in connection with procuring or providing special services, special tooling, special supplies, and similar expenses.

6. Limited Warranty and Returns. Delkin Devices, Inc. provides a limited lifetime warranty for most products sold. Individual warranties will be specific to the individual products purchased. Delkin Devices, Inc. will repair or replace at its discretion, any board that fails due to defects in materials or workmanship. Warranty will be void if labels are removed or not legible. Customer cannot return product without first receiving an RMA number from Delkin Devices, Inc. customer service department. All Product returned without an authorized RMA number on the outside of the shipment will be refused and returned to Customer.

7. Limitations. Delkin Devices, Inc. liability under the sales hereunder from any cause whatsoever shall in no event exceed a refund of the purchase price paid by Customer to Delkin Devices, Inc. for such Product giving rise to such liability. The above disclaimers and exclusions include any liability that may arise out of third party claims against Customer. Technical advice and specifications regarding the products sold hereunder solicited from Seller shall be used by Buyer at its own risk. Seller disclaims all liability for direct, special, incidental, or consequential damages suffered as the result of the use of such technical advice or specifications.

This allocation of risk is reflected in the price of the Products.

8. Certification of Compliance. Seller hereby certifies that the Product(s) furnished on this shipment meet or exceeds Delkin Devices, Inc. specifications and will conform to the applicable specifications/requirements of the purchase order.

9. Law of the State of California. The entire transaction contemplated hereunder shall be governed by the laws of the state of California.

Registration

We do not require that you provide any information, nor create a username and password other than for purposes of purchasing products from our web site. In addition, the option of creating a username and password is provided only in the event that customers plan to use our site to purchase products from our web site in the future and would like to keep their contact information on file with us for that purpose.

Upon registering, users will receive confirmation that their information has been placed on file with us and, when applicable, a username and password have been created.

Delkin Devices, Inc. is the sole owner of the information collected on Delkin.com. Delkin Devices, Inc. collects personally identifiable information from our users at several different points on our Web site.

Orders

If you purchase a product or service from us, we request certain personally identifiable information from you on our order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date).

We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Uses of Information

Your contact information is used to verify and process each transaction in real time via VeriSign’s PayFlo PRO system. It is also used to fulfill each order in our warehouse.

Special Offers and Updates

We will occasionally send you information on products, special deals & promotions, if and only if you have opted in to our email newsletter.

Out of respect for your privacy, we present the option not to receive these types of communications at time of entering personally identifiable information for purchasing products or registering to do repeat business with us.

Newsletters

If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe.

Service-related Announcements

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

Customer Service

Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.

Profile

We store information that we collect through cookies and log files, to create a “profile” of your preferences. We do not tie your personally identifiable information, or your purchasing history, to information in the profile.

We do not share your profile with other third parties.

ID [Address] Verification

We use VeriSign’s Payflo Pro payment gateway to verify your credit card billing information, in order to ensure that the user is the person identified on the credit card and to insure against fraud.

Aggregate Information (non-personally identifiable)

We do not share aggregated demographic information about our user base with our partners and advertisers.

Personally identifiable information:

We DO NOT Share Personally Identifiable Information with Third Parties

Agents

We use an outside shipping company to fulfill orders, and a credit card processing company to bill you for goods and services. These companies do not retain, share, store or use personally identifiable information for any other purposes.

Service Providers

We use VeriSign to provide credit card processing on our site. VeriSign is prohibited from using your personally identifiable information for any other purpose.

Other Third Parties

We also use UPS for shipping purposes. USP is prohibited from using your personally identifiable information for any other purpose.

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site

Choice/Opt-out

When you fill in your billing information to purchase products from us, you are given the choice of opting in to our newsletter, which provides information about special offers, promotions and product announcements. We also provide the option of creating a username and password if you wish to keep your information on file with us for intent of doing business with us again.

We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication or by emailing us at webmaster@delkin.com. We offer an opportunity to opt-out of certain communications on our “Modify Profile” page, or you may contact us at webmaster@delkin.com to opt-out.

Log Files

As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

We do not link this automatically-collected data to personally identifiable information.

Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information you submit while on our site, except for purposes of providing a customized experience on our site.

We use session ID cookies. A session ID cookie expires when you close your browser.

If you reject cookies, you may still use our site, but your ability to use some areas of our site, such as contests or surveys, will be limited.

Clear Gifs (Web Beacons/Web Bugs)

We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.

Access to Personally Identifiable Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by making the change on our “Modify

Profile” page or by emailing us at webmaster@delkin.com or by contacting us by telephone or postal mail at the contact information listed below.

Security

The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our order forms, we encrypt that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can send an email to us at webmaster@delkin.com.

Business Transitions

In the event Delkin Devices, Inc. goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified via email and prominent notice on our Web site for 30 days of any such change in ownership or control of your personal information.

Changes in this Privacy Statement

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Google Translate Disclaimer

Translation of pages on the Delkin website is performed by Google Translate, a third party service which Delkin has no control over. The service provides automated computer translations that are only an approximation of the websites’ original content. The translations should not be considered exact and only used as a rough guide. Delkin does not warrant the accuracy, reliability or timeliness of any information translated by this system and will not accept liability for loss incurred as a result. Some files, and other items cannot be translated including but not limited to graphical buttons, drop down menus, graphics, and photos. In addition, some applications and/or services may not work as expected when translated.

If you have any questions or suggestions regarding our privacy policy, please contact us at: 800-637-8087, or by emailing the Webmaster at webmaster@delkin.com