Terms and Conditions of Sale:
All sales are Ex Works (Incoterms 2020) Ottawa, Ontario, Canada, and exclude shipping, taxes, and duty unless otherwise noted. Prices are in US dollars or Canadian dollars. The prices are valid for 30 days or as stated. Payment for purchases can be made to Delta Photonics by company cheque (on approved credit) in dollars drawn on a US or Canadian bank or by credit card. Credit card payments may be subject to surcharge. Customers are encouraged to pay by wire transfer. Our payment terms are net 30 days (unless otherwise agreed) from the date of shipment on approved credit. An interest charge at the rate of 1.5% per month may be charged for late payments. If your account is greater than 90 days past due, additional collection fees equal to but not more than 50% of your outstanding balance (including applicable interest charges) may be charged plus any applicable legal fees.
Change Orders:
Change order requests may be emailed to Delta Photonics. The original purchase order number, order date, and delivery date are required. We cannot accept change orders for items which have already been scheduled for shipment in the next 90 days. We will notify you by return email within 5 days if your change order request has been accepted or rejected.
Cancellations:
We cannot accept cancellations of custom orders already scheduled for production. Orders (other than custom orders) may be cancelled at no charge 91 or more days before the scheduled delivery. A minimum cancellation charge of 33% of the order value will apply between 61 and 90 days before the scheduled delivery. A minimum cancellation charge of 60% of the order value will apply between 31 and 60 days before the scheduled delivery. A cancellation charge of up to 100% of the order value will apply on cancellations that take place less than 31 days before the scheduled delivery.
Cancellation of an order must be submitted in writing by mail or e-mail, to Delta Photonics. The date on which the cancellation notice is received will dictate the conditions to be applied. Customers may request for delivery of orders to be postponed once, for no more than 90 days, if a postponement request is received at least 91 days before the originally scheduled delivery date. Orders may be postponed once, for no more than 45 days, if the request is received between at least 45 days before the originally scheduled delivery date. No postponements of deliveries are permitted if fewer than 45 days remain before the scheduled delivery. Orders postponed and later cancelled shall incur cancellation charges according to the original delivery date.
We will notify you by return email within 5 days if your change order request has been accepted or rejected.
Limited Warranty:
Delta Photonics products are warranted against defects in materials and workmanship for a period of 1 year unless otherwise stated from the date of delivery to the initial end-user of the product. Delta Photonics shall, upon review, replace products that prove to be defective or do not meet specifications, if Delta Photonics receives written notice of such defects during the applicable warranty period, Delta Photonics’ entire liability and your exclusive remedy shall be, at Delta Photonics’ option, (a) return of the price paid, or (b) replacement of the product(s) which does not meet specifications, and which is returned to Delta Photonics (c) onsite repair or replacement of the product(s) which does not meet specifications. This limited warranty is void if failure of the product has resulted from accident, abuse, or misapplication. Any replacement product will be warranted for the greater of 90 days from the delivery date of the product, or the expiration of the 1-year warranty period for the original purchase.
Delta Photonics is pleased to offer suggestions and procedures on the use of its various products. However, Delta Photonics neither assumes responsibility for any omissions or errors nor assumes liability for any damages that result from the use of its products. This warranty is in lieu of all other warranties, expressed or implied including warranties of merchantability or fitness for a particular purpose.
Warranty Coverage Limitations:
The following are expressly NOT COVERED under warranty:
- Any loss, damage and/or malfunction relating in any way to shipping, storage, accident, abuse, alteration, misuse, neglect, failure to use products under normal operating conditions, failure to use products according to any operating instructions provided by the Seller, lack of routine care and maintenance as indicated in any operating maintenance instructions, or failure to use or take any proper precautions under the circumstances.
- Products, items, parts, accessories, subassemblies or components, which are expendable in normal use or are of limited life, such as but not limited to bulbs, fuses, lamps, glassware, diodes etc. The Seller reserves the right to revise the foregoing list of what is covered under this warranty.
Repair Under Warranty:
If you need to request the return of product(s) to Delta Photonics please contact our office at 613-688-3784 or your sales representative to obtain a Return Material Authorization (RMA) and shipping instructions. Ship the product back to us, prepaid and insured, in the original or equivalent packaging, with the designated RMA number clearly marked on the outside of the return package. To avoid processing delays, please be sure to include: purchase order number, invoice number, contact name, address and phone number. Delta Photonics cannot be held responsible for any damage occurring in transit to us and we cannot accept products returned without an RMA number. Any product(s) which have been returned to Delta Photonics but which are found to meet the original specifications and are not defective of material or workmanship will be subject to an examination charge of a minimum of $200 which will be billed to you and the product will be returned at your expense.
Return for credit:
Delta Photonics will accept returns for standard catalog items within 30 days of delivery. Please note that specials, OEM items, custom, or custom-configured products are excluded from this policy. Returned items must be unopened and in their original, undamaged packaging to qualify for a refund. To request the return of a product, please see the RMA process listed above.
Upon satisfactory inspection of the returned product, Delta Photonics will issue a company credit which may be use against future purchases.
General:
Neither party will be liable for any delay in performance resulting from any cause beyond that party’s control (including without limitation material and/or capacity shortages). If any sentence part or provision of these terms and conditions shall be found illegal unenforceable or in conflict with any valid controlling law the validity of the remaining terms and conditions shall not be affected thereby. Each party shall conform to all applicable laws and regulations including but not limited to export control laws of the United States Canada or any other applicable jurisdiction. These terms and conditions shall be construed in accordance with the substantive laws of the Province of Ontario without regard to its conflict of laws rules. No waiver of any of the foregoing terms and conditions shall be effective unless made in writing and signed by the party sought to be bound to such waiver.