Terms & Conditions of Sale
These terms and conditions govern the sale of Products (“Product or Products”) and provisions of Services (“Services”) by DigiPak, Inc (‘DigiPak’) and its affiliates as well as by third party vendors and/or service providers of DigiPak. Services are defined as any service and/or content DigiPak makes available to or performs for Customer, as well as materials displayed, transmitted or performed on the website (www.Jet.DigiPak.org). These terms and conditions (“Agreement”) take precedence over Customer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither DigiPak’s commencement of performance or delivery shall be deemed or construed as acceptance of Customer’s supplemental or conflicting terms and conditions. DigiPak’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Customer’s acceptance of the Products and/or Services from DigiPak shall be deemed to constitute acceptance of the terms and conditions contained herein. These terms are subject to change and may be revised at any time. All revisions will be effective upon DigiPak posting updated terms to its website.
Orders
All orders placed by Customer are subject to acceptance by DigiPak. All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased. Unless otherwise agreed, all materials will be shipped no later than one year from the date that DigiPak accepts the purchase order. DigiPak may in its sole discretion allocate Product among its Customers. DigiPak may designate certain Products and Services as non-cancelable, non-returnable (“NCNR”) and the sale of such Products shall be subject to any special terms and conditions contained in DigiPak’s NCNR Letter, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere. NCNR Orders may not be cancelled or rescheduled without DigiPak’s written consent.
Price
The prices of the Products are those prices specified on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in DigiPak’s cost, change in market conditions or any other causes beyond DigiPak’s reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.
Taxes
Unless otherwise agreed to in writing by DigiPak, all prices quoted include freight and shipping costs and sales tax, compliant with federal, state, and local tax regulations. All prices quoted are exclusive of insurance costs. Customer agrees to indemnify and hold DigiPak harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on DigiPak’s invoice.
Terms of Payment
Payment may be made by credit card or wire transfer (all fees are borne by the Customer). Where DigiPak has extended credit to Customer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction unless otherwise noted. If Customer fails to make each payment when it is due, DigiPak reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which DigiPak has extended credit to Customer. In the event of default by Customer, DigiPak shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.
At any time, DigiPak may change the terms of Customer’s credit. DigiPak may apply payments to any of Customer’s accounts. If Customer defaults on any payment, DigiPak may reschedule or cancel any outstanding delivery or Order and declare all outstanding invoices due and payable immediately. Unless otherwise provided by applicable law, Customer credits provided by DigiPak will expire if unused within 12 months.
Delivery & Title
All deliveries from DigiPak to a Customer’s delivery location are in accordance with Incoterms 2010 FCA (“Free Carrier”) unless otherwise specified in writing. Title & risk of loss pass to the Customer upon delivery to the carrier. DigiPak’s delivery dates are estimates only and DigiPak is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of DigiPak, nor shall the carrier be deemed an agent of DigiPak. A delayed delivery of any part of an Order does not entitle Customer to cancel other deliveries.
Product Returns, Refunds & Exchanges
Returns
Only products originally shipped from DigiPak or from an authorized supplier (drop-ship) will be considered for return to DigiPak. By a Customer requesting return of products to DigiPak, the Customer certifies that the products were purchased from DigiPak and there has been no substitution of the product from another supplier, distributor or other source of the product. Returns must be in the original packaging and in unused condition except if approved for failure analysis/warranty evaluation by a DigiPak representative via a Return Material Authorization (RMA)
Exchanges
Any item for exchange must be in new condition and in the original packaging. Exchanges must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item. Items purchased from DigiPak that have been used or altered and any items that have been sold NC/NR will not be accepted for exchange.
Non-Cancelable and Non-Returnable (NCNR) Items
Because of the custom nature of NCNR orders, our standard return and cancellation policies do not apply. Once the Product has been shipped from DigiPak, those Products cannot be returned. If DigiPak (a) holds Product(s) in our inventory for Customer, (b) orders specialty Product(s) specifically for an order from a third party supplier, (c) has begun manufacturing Product(s) based on order, (d) an Order for an A La Carte (ALC) board has been placed, or (e) has begun manufacturing a Custom Kit, that order cannot be canceled. A Custom Kit is defined as any kit that has been modified from our storefront SKU to be customized to the customer’s specifications.
Return Freight/Restocking Fee
DigiPak reserves the right to charge cancellation fees. DigiPak does not refund the original shipping and handling. Customer is responsible for all return freight charges. DigiPak does not accept COD shipments.
Refunds
Upon receipt and inspection of returned item(s), DigiPak will advise of the refund status. In this case of factory warranty or failure analysis, DigiPak will issue any applicable credit pending manufacturer confirmation of failure. DigiPak initiates credits via the original method of payment within 48 hours of approval. Refunds via credit card can take up to 10 business days to post to the account. Returns for Orders older than 30 days or returns including merchandise that is not in original condition or unable to be restocked, DigiPak reserves the right to deny the return or change the refund method to store credit.
How to Return an Item
See Return Policy page.
Limited Warranty
If DigiPak is found to breach this limited warranty, Customer’s sole remedy is limited to (at DigiPak’s election) (1) refund of Customer’s purchase price for Product(s), (2) repair of Product(s), or (3) replacement of Product(s); provided that Product(s) must be returned to DigiPak, along with acceptable evidence of purchase, within 30 days from ship date, transportation charges prepaid. No warranty will apply if the Product(s) has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered.
DigiPak warrants that at the time of delivery, Product(s) will conform to the specifications stated by DigiPak in its published data sheet for the Product(s). All warranty claims will be time-barred 12 months from the time of delivery of the non-conforming Product(s).
DigiPak makes no representation of warranty with respect to information, materials and Services provided on or through the website. INFORMATION, MATERIALS AND SERVICES ARE PROVIDED ‘AS IS’.
DigiPak makes no representation of warranty with respect to Software and will have no liability in connection therewith. SOFTWARE IS PROVIDED ‘AS IS’ WITH NO ADDITIONAL WARRANTY.
DIGIPAK MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON INFRINGEMENT.
Limitation of Liability
DigiPak’s liability to Customer is limited to Customer’s direct damages up to an amount not exceeding the price of the Product at issue. DigiPak is not liable for, and Customer is not entitled to any indirect, special, incidental or consequential damages (for example, loss of profits or revenue, loss of data, loss of use, rework, repair, manufacturing expense, costs of product recall, injury to reputation or loss of customers). To the extent DigiPak cannot lawfully disclaim any implied or statutory warranties, Customer’s statutory rights are not affected by this limitation of liability. Customer will indemnify, defend and hold DigiPak harmless from any claims based on (a) Customer’s compliance with DigiPak’s designs, specifications, or instructions, (b) modifications of any products by anyone other than DigiPak, or (c) use in combination with other products.
Use of Products
Customer shall comply with the manufacturer’s Product specifications. Product are not authorized for use in life support systems, life sustaining systems, human implantation, nuclear facilities or any other application where Product failure could lead to personal injury, loss of life or significant property damage. If Customer uses or sells the Products for such use in such applications or fails to comply with DigiPak’s Product specifications, Customer acknowledges that such use, sale, or non-compliance is at Customer’s sole risk. Customer shall indemnify, defend and hold DigiPak harmless from any claims based on: (i) DigiPak’s compliance with Customer’s designs, specifications, or instructions, (ii) modification of any Product by anyone other than DigiPak, or (iii) use of Products in combination with other products or in violation of this clause.
If Customer uses or sells the Products for use in any such applications: (1) Customer acknowledges that such use or sale is at Customer’s sole risk; (2) Customer agrees that DigiPak is not liable, in whole or in part, for any claim or damage arising from such use; and (3) Customer agrees to indemnify, defend and hold DigiPak harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
Export Control
Certain Products sold by DigiPak are subject to export control regulations of Kingdom of Bahrain and/or other countries. Customer shall comply with such Export Laws and obtain any license or permit required to transfer, export, re-export or import the Products. Customer shall not export or re-export the Products to any country or entity to which such export or re-export is prohibited, including any country or entity under sanction or embargoes administered by Kingdom of Bahrain. Customer shall not use the Products in relation to chemical, biological or nuclear weapons, rocket systems (including ballistic missile systems, space launch vehicles and sounding rockets) or unmanned air vehicles capable of delivering same, or in the development of any weapons of mass destruction.
Customer certifies that it will be the recipient of the Products to be delivered by DigiPak. Customer understands that the associated Products listed on their Purchase Order includes items that are governed by the laws of Kingdom of Bahrain and to ensure that the sales and distribution of Products, is processed in accordance with all applicable laws.
Forces Beyond DigiPak’s Control
DigiPak is not liable for failure to fulfill its obligations under this Agreement due to causes beyond its reasonable control (for example, acts of nature, acts of omissions of Customer, operational disruptions, natural or artificial disasters, epidemic medical crises, materials or Product shortages, strikes, riot, war, criminal acts, delays in delivery or transportation, inability to obtain labor, government priorities, changes in law, material shortages, fire, floods, quarantine restrictions, acts of terrorism, materials or Products through regular sources).
Technical Assistance or Advice
If technical assistance or advice are offered or given to Customer, such assistance or advice is given free of charge and only as an accommodation to Customer. DigiPak shall not be held liable for the content or Customer’s use of such technical assistance or advice nor shall any statement made by any of DigiPak’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied.
General
This Agreement shall be governed, construed, and enforced by the laws and courts of the Kingdom of Bahrain. The State shall have jurisdiction over all controversies arising out of, or relating to, this Agreement.
The unenforcability or invalidity of any of these terms or conditions will not affect the remainder of the terms and conditions.
Products, including software or other intellectual property, are subject to any applicable rights of third parties and Customer shall comply with such rights.
Product information (for example, statements or advice (technical or otherwise) advertisement content, and information related to a Product’s specifications, features, export/import control classifications, uses or conformance with legal or other requirements) is provided by DigiPak on an “AS IS” basis and does not form a part of the properties of the Product. DigiPak makes no representation as to the accuracy or completeness of the Product information, and disclaims all representations, warranties and liabilities under any theory with respect to the product information. All Product information is subject to change without notice.
All features, content, specifications, Product(s) and prices of Product(s) and Services described or depicted on the website are subject to change at any time without notice. The inclusion of any Product(s) or Services on the website at a particular time does not imply or warrant that these Product(s) or Services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from the website. By placing an Order, you represent that the Product(s) ordered will be used only in a lawful manner.
In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm Orders by email, the receipt of an email order confirmation does not constitute our acceptance of an Order or our confirmation of an offer to sell a Product or Service. We reserve the right, without prior notice, to limit the order quantity on any Product or Service and/or to refuse service to any Customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Certain trademarks, trade names, service marks and logos used or displayed on the website are registered and unregistered trademarks, trade names and service marks of DigiPak and its affiliates. Other trademarks, trade names and service marks used or displayed on the website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the website grants or should be construed as granting, by implication, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the website without the written permission of DigiPak.
By submitting user content to the website you are granting DigiPak a worldwide, non exclusive license to use the user content and are representing and warranting to DigiPak that the content is owned or duly licensed by you, and that DigiPak is free to publish, distribute and use the user content as hereinafter provided for without obtaining permission or license from any third party.
STAY IN TOUCH WITH US
Email address
customerservice@jet.digipak.org