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Terms & Conditions


TERMS and CONDITIONS OF SALE

Customer hereby agrees to the terms and conditions of our store at the time of checkout. For some account types such as registered installer accounts, a few terms and conditions at checkout may be different from what is shown in this file due to the specific nature of the account.

US Orders:

  1. Any state taxes (if any or any other purchase taxes applicable to your order) and any duties (if any) are not collected at our checkout. These however may be collected by the shipping carrier, a customs agent, or may be a self remitted amount depending on where you live. We cannot tell you what these additional costs are (if any) because it depends on where you live and other factors that are beyond our control and outside the scope of our knowledge.
  2. The US Government for matters of homeland security requires anyone in the US that is importing more than $250 of electrical lighting to provide the shipper with a legal federal identification at the time of import. Valid legal identification is your business number (EIN) or in the case of an individual, your SSN. Fedex prefers that you provide us with this information so we can include it on your shipping documents to avoid problems and delays. However, if you elect not to do that, any returned shipments for your failure to follow US rules when Fedex requests such information from you will incur costs.

Agreement in English:
The parties have required that this Agreement as well as any notices, documents, or proceedings relating hereto be written in English. The parties have agreed that the language of business between DelphiTech and Customer is English. If there are language laws regarding product packaging in their region, and Customer wishes to resell DelphiTech product uninstalled, Customer agrees they will refrain from selling uninstalled product to the public until such time as the Customer is satisfied that DelphiTech product packaging is compliant with said laws or their customer has officially waived their need for alternate language packaging. Les parties aux présentes ont exigé que le présent contrat ainsi que tout autre avis, document ou procédure s’y rapportant soit rédigé en anglais. Las partes han requerido que este Acuerdo así como cualquier aviso, documentos, y todos los procedimientos relacionanados a este seran escritos en inglés.

Order Placement:
Due to the wide variety of options, our fixtures are built to order. We encourage you to discuss your needs with us, take advantage of our free consulting advice, and to purchase a sample order to qualify before purchasing a larger number of fixtures for your lighting application. Always double check your cart before ordering to ensure you have picked the correct fixture models and the correct number of fixtures. An order that is committed to production cannot be canceled by the customer for any reason. An order with a payment processing issue including a significant checkout miscalculation may be canceled at our sole discretion.

Shipment and Inspection:
Customer agrees NOT to interfere with a proper signature receipt when parcels are delivered by the courier. Customer agrees NOT to redirect shipment to another location. Customer agrees NOT to assign signature responsibility to an irresponsible party. If Customer willfully violates any shipment terms and conditions, Customer agrees to hold DelphiTech and courier harmless for any loss and waives any insurance claim. Customer agrees to check shipments upon arrival and notify DelphiTech within 48 hours of any discrepancy.

Installation:
Customer agrees have installer follow all building codes, electrical codes, and worker construction safety rules and recommendations in their area. In addition customer agrees to follow written DelphiTech installation instructions and be familiar with the warranty to avoid installation and usage problems that might result in premature failure of product or present safety issues.

Pricing:
Unless otherwise stated, a given special may end at any time at our sole discretion and pricing will revert back to the regular pricing for the account without advance notice. Also, future pricing and availability of a product is subject to change without notice. Coupons that have an advertised expiry date will expire at any time on that date. Coupons that don't have an advertised expiry date may expire at any time without notice. Coupons cannot be combined. Purchasing of services that are not used by customer within 4 months of purchase may be deemed abandoned by DelphiTech at our sole discretion unless prior written agreement states an agreed to extension.

Bonus points:
Bonus points, if offered for any products, may be redeemed for gift certificates. The accumulated bonus points in any account, and the redemption offers, may change or be cancelled by DelphiTech at any time for any or all users at our sole discretion.

Returns:
Our fixtures are built-to-order and so we have a strict no-return policy that we rarely make exceptions to unless there are some unusual circumstances. If a return is approved, depending on the situation, restocking fees and costs incurred in shipping product to the you and receiving product back from you will be deducted from any refund or credit issued even if the product is new. Should a return request be entertained, we are more likely to entertain frequently sold models than models that are sold rarely. In all cases, returns are approved at our sole discretion, the choice for how much to refund or credit also at our sole discretion. For wire, connectors, and any other non-fixture items, we don't accept returns of those items. Also, for liquidation items or liquidation components (LEDs, etc) all purchases are final as we don't know what you have done with them and we don't intend to retest returns.

Warranty:
DelphiTech will provide a limited warranty for DelphiTech’s power supply and light fixtures. Warranty claims are handled by Customer under DelphiTech’s RMA (Return Material Authorization) Process. Payment terms may apply for analysis and repair. If a warranty claim is approved, DelphiTech will either repair or replace with nearest equivalent product. If product is not eligible for warranty, DelphiTech may offer, at its sole discretion, a repair service for a fee. See written warranty on this website.

Other Standard Legal:
DELPHITECH PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO DELPHITECH LIGHTING PRODUCTS OR SERVICES OFFERED BY DELPHITECH UNDER THIS AGREEMENT, OTHER THAN THOSE SPECIFICALLY STATED IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL DELPHITECH BE LIABLE OR OBLIGATED TO Customer OR ANY THIRD PARTY CLAIMING THROUGH Customer, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES HOWSOEVER CAUSED (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF REVENUE OR GOODWILL, LOSS OF PROFITS, LOST BUSINESS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, INCREASED COSTS OF OPERATION OR LITIGATION COSTS) WHETHER BASED UPON A CLAIM OR ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Customer agrees to defend, indemnify and hold DelphiTech, its affiliates, its licensors, its officers, agents and employees harmless from, for and against any and all liability, loss, damage, cost or expense (including reasonable attorney’s fees, disbursements and other related expenses), litigation costs, claims, actions, demands, judgments and other liabilities of any kind or nature, of or to any third party or entity, whether in contract, tort, or otherwise, arising out of or in connection with any act or omission by Customer in connection with: (i) any sales or installations of DelphiTech Lighting Products by Customer; (ii) any warranties performed by Customer in respect of DelphiTech Lighting Products; (iii) the performance or nonperformance of Customer’s obligations under this Agreement including, but not limited to, any negligence of Customer or any alleged or actual violations by Customer or its subcontractors, or Customer’s employees, of any governmental laws, regulations or rules; (iv) the presence of DelphiTech’s agents or employees on Customer’s premises; or (v) any violation or infringement by Customer of any DelphiTech Intellectual Property, including any patent, copyright, trademark, trade secret, non-disclosure agreement, or other proprietary rights of DelphiTech or any third party, except to the extent that any such loss, damage, cost, claim, action, demand, judgment or liability is due to the gross negligence or wrongful acts of DelphiTech, its officers, employees or agents. Under no circumstances shall DelphiTech be liable for lost profit or for special, consequential or exemplary damages by Customer or its customers, even if DelphiTech has been advised of the possibility of such damages.

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada and the laws of Canada applicable therein, and the Parties agree to attorn to the jurisdiction of the Courts of the Province of Ontario and adjudicate in the City of Ottawa.


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