Terms and Conditions of Sale

PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY CAREFULLY.

THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN Digilox’S INVOICE OR OTHER Digilox DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND Digilox HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.


Important Information About These Terms and Conditions of Sale
These terms and conditions of sale constitute a binding contract between you ("Customer") and Digilox. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on Digilox's Website (the "Site"). These terms and conditions of sale are subject to change without prior notice, except that the terms and conditions of sale posted on the Site at the time Customer initially places or modifies an order will govern the order in question.

These terms and conditions of sale constitute the entire agreement between Customer and Digilox relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Digilox at the address provided below.

Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in Digilox’s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of sale or any purchase order or invoice related thereto.

 

Title; Risk of Loss
If Customer provides Digilox with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for Digilox, title to products and risk of loss or damage during shipment passes from Digilox to Customer upon shipment from Digilox’s facility. For all other shipments, title to products and risk of loss or damage during shipment passes from Digilox to Customer upon receipt by Customer. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. Digilox retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.

Export Sales
If this transaction involves an export under the Export Administration Regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the India by Digilox were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to Indian law is prohibited


Warranties
Customer understands that Digilox is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Digilox. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by Digilox or its affiliates. In connection with services, neither affiliates of Digilox nor third party service providers are agents of Digilox and Digilox has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. Digilox AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF Digilox, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

Internet Disclaimer
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details.

56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit download speed to 53Kbps.

Pricing Information; Availability Disclaimer
All pricing is subject to change. Digilox reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Digilox cannot guarantee that it will be able to fulfill Customer’s orders.

Limitation of Liability
NEITHER Digilox NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER Digilox NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED BY Digilox OR ITS AFFILIATES, NEITHER Digilox NOR ITS AFFILIATES WILL BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES


Digilox will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by Digilox are estimates only.

Third Party Services
Customer acknowledges and agrees that, in some instances, Digilox and its affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases Digilox and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax.

Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions of sale, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Digilox's advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF Digilox, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules. If arbitration is chosen by any party with respect to a Claim, neither Digilox nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of sale.

Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Digilox arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.

Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Digilox until accepted by Digilox. Terms of payment are within Digilox's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Digilox may invoice Customer separately for partial shipments. Customer must claim any exemption from such taxes, fees or charges and must provide Digilox with the necessary supporting documentation at the time of purchase. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Digilox’s costs of collection, including court costs, filing fees and attorney’s fees.

Return Privileges

  • Please contact Digilox Customer Relations at support@Digilox.in, 24 hours a day, 7 days a week or via email, to obtain a Return Merchandise Authorization (RMA) before shipping product back to Digilox. This will expedite and help ensure the proper action or credit upon processing.
  • In order to expedite a return, please have the following information on hand when requesting an Customer number, invoice number, serial number, reason for return, action to take (replacement/repair/return/credit) and whether the box has been opened or is manufacturer sealed.
  • Please return all products 100% complete including all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. RMA approval is contingent upon, among other things, the products being 100% complete.
  • Customer is responsible for shipping charges to Digilox’s distribution center for all products being shipped for return, exchange or replacement. Products exchanged or replaced will be shipped by Digilox to Customer, at Digilox’s expense, using the same shipping method as was used by Customer to ship the original products back to Digilox. If the carrier selected by Customer is not used by Digilox, a comparable shipping method will be selected.
  • Customer is responsible for all risk of loss and damage to products being shipped for return, exchange or replacement. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS. This is for your protection as well as to ensure quick action on your return.
  • Return privileges vary by manufacturer. Please contact Digilox Customer Relations at info@digilox.com for details.
  • Return shipping address:
    Digilox
    Plot No: F-28, 
    Madhura Nagar, 
    Yousufguda, 
    Hyderabad-500038
    Telephone:+91-40-23750191
    23750192/23750193/23750194
  • Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.

    Damaged Products
    If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify Digilox immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify Digilox Customer Relations at info@digilox.com of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for Digilox to file a damage claim.

    Check Payment Policy
    Digilox will accept a cashiers check or money order on all COD orders. Digilox will accept personal or business checks. Digilox will accept personal and business checks for prepay orders. Allow 10 business days for clearing.


    Last Update: 10/18/05