Desert Star Systems

Terms of Sale

  1.  Desert Star System's general terms of sale are specified by the Uniform Commercial Code (UCC), supplemented by the following conditions and the warranty statements. Where Desert Star Systems terms of sale are in conflict with UCC, Desert Star Systems terms apply.

  2. At times an advance payment either partially or in full is required for large orders. In these circumstances, no portion of this payment is refundable.

  3. On orders with Net 30 terms, a return is acceptable for 30-days following delivery only if a shipped product is non-conforming within Desert Star Systems’ specification. In addition a return must first be arranged with Desert Star Systems. Payment constitutes acceptance of product and no return is available thereafter.

  4. Desert Star Systems warranty applies (see below). A warranty claim requires that the product is returned to Desert Star Systems. Therefore, warranty is not available for devices deployed or lost at sea unless the device is recovered and returned to Desert Star Systems.

  5. In order to support best success with our products, Desert Star Systems provides a number of resources, support and recommended techniques. We emphasize your use of these resources to optimize results with our products:

    1. Desert Star Systems guarantees only minimal specifications, and instead relies on the publication of measured performance data in the KnowledgeBase, Application Notes and other documents. Please evaluate this data to estimate suitability for your application. Please contact Desert Star Systems for any additional performance data.

    2. Desert Star Systems provides on-site training and support. This is highly recommended to optimize the system performance and shorten the learning curve.

    3. Please evaluate our products through a small initial purchase before following up with a large scale purchase. Please be aware that large scale orders in general require an advance payment in consideration of the discount, and that this advance payment is non-refundable. In addition, be aware of any lead time expectancies when placing a larger quantity order.

    4. Operations should follow a ramp-up schedule of lab/pool testing, followed by testing in a controlled ocean environment (harbor testing), and then followed by the full deployment. The goal is to identify any problems or technology limitations at the earliest possible stage, when there is a maximum level of control and an ability to correct such problems.

  6. Desert Star Systems return policy and warranty specifically excludes return or warranty claim on account of suitability for purpose. Suitability for purpose is out of Desert Star Systems’ control. Please use a product evaluation based on the above recommended resources and techniques to establish suitability for purpose prior to any purchase.

Note: These terms along with any technical specifications, warranty implications, or pricing, may change without notice at any time.

U.S. Government Buyers

Notice to U.S. Government Buyers

The equipment listed in this price schedule has been developed under phases 1 and 2 the Small Business Innovative Research (SBIR) program. Under DoD rules, the dual competition of the SBIR program satisfies the requirements of the Competition in Contracting Act (CICA). Thus, contracts for product delivery or follow-on research may be awarded on a sole-source basis, without the need for further competition. The contracting officer should establish, through consultation with the prospective COTR for the proposed contract as well as the COTR on the SBIR project whether the proposed follow-on R&D or production work meets the statutory criteria for ‘SBIR Phase III’.

Warranty Statement 

Desert Star Systems (“Seller”) warrants hardware products of its manufacture to be free from defects in design, workmanship and material under normal and proper use and service for a period of one year following delivery to Buyer. Seller agrees to repair or replace at the place of manufacture, without charge except shipping charges, all parts of said products which are returned, for Seller’s inspection, to its factory within the warranty period, provided such inspection discloses that the defects are as above described and provided also that the equipment has not been altered or repaired other than with Seller’s authorization and by its approved procedures, subjected to misuse, improper maintenance, negligence, or accident, damaged or had its serial number or any other part thereof altered, defaced or removed. Software is warranted to conform to Seller’s Software Product Description applicable at the time of shipment to the Buyer. Seller’s sole responsibility hereunder shall be to remedy any non-conformance of software to the Software Product Description during the two-year period following delivery. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, PERFORMANCE OR FITNESS FOR PURPOSE.

Liability Disclaimer

By purchasing or using any Desert Star Systems product, it is agreed and understood that in no event will Desert Star Systems or any of its representatives be held liable for any personal injuries or death or damages to property resulting from its operation, or for any other damages whether direct, indirect, or consequential even if Desert Star Systems has been advised of such actual or potential damages. Desert Star Systems dive products are authorized for use only by properly trained divers. The user must understand that the products are liable to sudden failure and that any employed decompression algorithms will not eliminate the possibility of decompression sickness. Diving and other marine activities are inherently dangerous. Proper safety procedures demand that the diver or equipment user never rely solely on any single instrument, method or mechanism for his/her safety or the safety of property.

Note: These terms along with any technical specifications, warranty implications, or pricing, may change without notice at any time.

SeaTag Specific Terms

  1. SeaTag devices may be returned for replacement or refund only within a 30-day period following delivery, and only for non-conformance with Desert Star Systems specifications, as published for the product in the Operator’s or Technical Reference manual. Products must be in factory new condition and without any alterations to qualify for refund or return.

  2. Returns for refund are subject to a 20% re-stocking fee.

  3. Custom configured or designed versions of SeaTag are excluded from return or refund. These orders will be identified with appropriate language such as ‘Customized Product – No Refund or Replacement Available’

  4. Volume orders may require a partial up-front payment to qualify for the volume discount. Any such up-front payment will not be refunded in case of an order cancellation or product return.

DiveTracker Specific Terms

Your DiveTracker™ Sport is a high-quality product that has been designed and manufactured in the United States of America. Like all Desert Star Systems products, it is backed up by a one year limited warranty. To make a warranty claim, just return your DiveTracker Sport with a brief description of the problem to the place of purchase. If you purchased directly from Desert Star Systems, please call the factory at 831-384-8000 and request an ‘RMA number’. Write the number onto the outside on the package, and note it in any paperwork. It is the reference number for the service.

The greatest danger to your DiveTracker™ Sport is flooding. You can avoid flooding entirely by carefully inspecting and cleaning the O-ring before you close the housing. However, because the risk of flooding depends on your degree of care, we cannot be held responsible for damage due to flooding. Flooding is thus specifically excluded from our warranty.

Desert Star Systems (“Seller”) warrants DiveTracker™ Sport to be free from defects in design, workmanship and material under normal and proper use and service for a period of one year following delivery to Buyer. Seller agrees to repair or replace at the place of manufacture, without charge except shipping charges, all parts of said products which are returned, for Seller’s inspection, to its factory within the warranty period, provided such inspection discloses that the defects are as above described and provided also that the equipment has not been altered or repaired other than with Seller’s authorization and by its approved procedures, subjected to misuse, improper maintenance, flooding, negligence, or accident.