Desert Star Systems

Terms & Conditions 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 and liability disclaimer statements. Where Desert Star Systems terms of sale are in conflict with UCC, Desert Star Systems terms apply.

  2. An advance  'start work' payment either partially or in full is required for large orders and orders of customized systems or equipment.  The payment terms are specified in our quotations.  In case of an order cancellation or return, no portion of the 'start work' payment is refundable.

  3. 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.  A 20% re-stocking fee applies to all returns except when the order terms include a 'start work' payment.   Advance or 'start work' payments are not refundable upon return.  Returned products must be in factory new condition and without any alterations.

  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. To provide the best representation of system performance under various conditions, Desert Star Systems guarantees only basic specifications, and instead relies on the publication of measured performance data in the KnowledgeBaseApplication 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. Flat-rate 'unlimited' support agreements are available to assure your success independent of the amount of support required.

    3.  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 gain proficiency in system operation prior to an ocean deployment, and 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.

  7. Progress Tracking & late deliveries:  While Desert Star Systems will work diligently to ship your order on time as specified in the quotation, we do not accept late fees or penalties unless these have been specifically agreed upon at the time of purchase and are specified in our sales order confirmation.  To track complex orders, in particular those including engineering tasks and modifications, Desert Star Systems will provide you with an on-line progress tracking tool upon request.  

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

Notice to U.S. Government Buyers

Most Desert Star products have 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 SBIR program manager of the sponsoring agency, whether the proposed follow-on R&D or production work meets the statutory criteria for ‘SBIR Phase III’ sole-source purchase authorization.

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. 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.

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 email the factory at salesinfo@desertstar.com 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.