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Terms & Conditions

Terms and Conditions

Version 09.10.17-001

READ CAREFULLY

Conveniently, located in Dallas, Texas, DBOX (owners of DBOX12.com) can be contacted at 214-202-1192. The Terms and Conditions apply in their fullness to DBOX.

The use of this website and the sale of products and services offered by DBOX are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website under Customer Service (collectively, the "Terms and Conditions"). Your use of this Website in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. DBOX reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website.

METHODS OF PAYMENT AND TAXES


We accept MasterCard, VISA, Discover, American Express, or you may establish an open account for Purchase Order transactions. Please be aware that we will bill your credit card or account when your order is received. Also, if you are paying with a debit card, please verify with your bank if there are limitations pertaining to daily withdrawals on your card. DBOX reserves the right to request additional identification. If this is needed, we will contact you by e-mail or telephone. Your order will be processed as soon as we receive the requested information by e-mail or fax.

Open accounts require prior credit approval. Credit applications can be received by calling 214-202-1192.

Send invoice payments to:

DBOX12
6913 Ensign Road
Ennis, Texas 76119

 

PRICES
 Prices are subject to change at any time. Orders will be invoiced at the price prevailing at date of purchase. We cannot guarantee prices for the life of any catalog or other publication.

Unless expressly set forth on our website, we do not accept any other payment form than those listed within this document. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. For credit card transactions, your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT DBOX, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable shipping charges or taxes) at the rates in effect when the charges were incurred. Unless you notify DBOX of any discrepancies within thirty (30) days after they first appear on your credit card statement or on a DBOX direct invoice, you agree that they will be deemed accepted by you for all purposes. If DBOX does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by DBOX or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. DBOX shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Texas and any other states or localities that it deems is required.

QUOTATION:
 A quotation is subject to immediate acceptance; prices are subject to change without notice. DBOX reserves the right to correct clerical or stenographic errors or omissions. The prices quoted are based upon shipment of quantities shown and on the basis of the delivery schedule described and are firm for the period shown on the quotation. In the event the quantity of material ordered is reduced on any order resulting from the quotation, the price for the material already shipped, as well as the price of the material for future delivery, will be adjusted to conform to the price schedule applicable for the smaller quantity.

WARRANTY:
 DBOX warrants that each product to be delivered hereunder will conform to its specifications and be free from defects in material or workmanship for 90 DAYS from date or purchase. Except as otherwise stated, the only warranties applying to materials sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. Any product deemed as defective in accordance with its manufacturer warranty policy, can only be returned to DBOX with a pre-assigned Return Material Authorization (RMA) number. DBOX MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, EXCEPT THAT OF TITLE AND ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
 DBOX NEITHER ASSUMES RESPONSIBILITY FOR ANY OMISSIONS OR ERRORS NOR ASSUMES LIABILITY FOR ANY DAMAGES THAT RESULT FROM THE USE OF ITS PRODUCTS IN ACCORDANCE WITH INFORMATION PROVIDED BY DBOX, EITHER VERBAL OR WRITTEN.


 

LIMITATION OF LIABILITY:

The remedies of the purchaser set forth herein are exclusive and the total liability of DBOX with respect to this order, whether based on contract, warranty, negligence, indemnification, strict liability or otherwise, shall not exceed the purchase price of the component upon which liability is based. In no event shall DBOX be liable for consequential, incidental or special damages. 
CONDITIONS: Products sold by DBOX are not intended to be used, nor shall they be used: 1) as a “Basic Component” under 10 CFR21(NRC), used in or with any nuclear installation or activity; or 2) in medical applications or used on humans; or 3) in any onboard aviation activity, application or use. Should products be used in any of the above applications or activities, purchaser will indemnify DBOX and hold DBOX harmless from any loss, damage, liability, claim, demand, cost, or suit of any nature whatsoever for property damage, personal injury or death, product liability, regulatory claim or otherwise arising out of, in connection with or incidental to such application, activity, or use. This indemnity shall include, without limitation, costs, expenses and attorneys’ fees occasioned by said loss, damage, liability, claims, demands or suits, as well as the full amount of any judgment rendered or compromise settlement made, plus interest, if applicable. The obligations under this section shall survive the expiration or termination of this agreement.

All questions concerning the validity and operation of this agreement and the performance of the obligations imposed on the Parties under this agreement will be governed by the laws of the State of Texas, U.S.A. The exclusive jurisdiction and venue of any dispute, claim or suit arising hereunder shall be the courts of the State of Texas.

 

PERSONAL INFORMATION

You must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

While DBOX takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL DBOX OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER DBOX WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

 

GENERAL

No delay or failure to take action under this Terms of Use shall constitute any waiver by DBOX of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of DBOX permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of the State of Texas without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Dallas County, in the State of Texas. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. DBOX may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between DBOX and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Last modified: 09/10/17

 

Statement of Privacy

DBOX is committed to protecting your privacy. This Statement of Privacy applies to DBOX Web site and governs data collection and usage at all DBOX sites and services; it does not apply to other online or offline sites, products or services. Please read the DBOX Statement of Privacy. DBOX is a general audience web site, intended for users of all ages. Personal information of all users is collected, used and disclosed as described in this Statement of Privacy.

 

Collection of Personal Information

As an E-commerce Web site, DBOX12.com collects personal information, such as your e-mail address, name, home or work address or telephone number. Information collected by DBOX is used solely for the purpose of billing and shipping your online purchases. DBOX does not collect any information about your computer hardware and software.

 

DBOX encourages you to review the privacy statements of Web sites you choose to link to from DBOX so that you can understand how those Web sites collect, use and share your information. We are not responsible for the privacy statements or other content on Web sites outside of the DBOX website.

 

Use of Your Personal Information

DBOX personal information to process product orders and deliver the products requested. It is possible that DBOX may also use personal information to inform you of other products or services available from DBOX and its affiliates. DBOX may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

DBOX does not sell, rent or lease its customer lists to third parties. DBOX may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your personal information (e-mail, name, address, telephone number) is not transferred to the third party.

We may occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.

DBOX does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

DBOX may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on DBOX or the site; (b) protect and defend the rights or property of DBOX, including its Web site; or (c) act under exigent circumstances to protect the personal safety of users of DBOX or the public.

Personal information collected on this site may be stored and processed in the United States or any other country in which DBOX or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country. DBOX abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.

Control your Personal Information

DBOX offers its customers choices for the collection, use and sharing of personal information. You may go notify us of your preferences by emailing support@dbox12.com. Please be sure to provide complete account information so we can identify you in our records.

You may also stop the delivery of future promotional e-mail from DBOX by responding directly to any email you receive with a request to remove you from the mailing list

Security of your Personal Information

DBOX is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, that are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the Internet, we protect it through 128 bit encription through thawte.

 

Changes to this Statement

DBOX will occasionally update this Statement of Privacy to reflect company and customer feedback. If there are material changes to this Statement or in how DBOX will use your personal information, DBOX will prominently post such changes prior to implementing the change. DBOX encourages you to periodically review this Statement to be informed of how DBOX is protecting your information.

 

SHIPPING & DELIVERY

Standard ground shipping costs are calculated based on product weight. Expedited or special handling is available for an additional fee.

Delivery dates provided are based on existing conditions at the time of inquiry. DBOX will use commercially reasonable efforts to ship within the time estimated, but failure to make shipment as scheduled does not constitute a cause for cancellation and/or for damages of any character. The execution of this order is contingent upon strikes, fires, delays of carriers, and other delays and causes unavoidable or beyond DBOX control. It is understood that delivery of all or any part of any order is contingent on the manufacturer’s ability to get supplies and raw materials, and is further limited to the extent that the ability to deliver may be affected by regulation of U.S. government contracts.

Shipments and deliveries shall be subject to approval by the DBOX Credit Department. DBOX reserves the right, prior to making any shipments, to require from purchaser satisfactory security for performance of purchaser’s obligations. If the purchaser fails to furnish satisfactory security or information on which to base credit, and/or purchaser’s account is in arrears, DBOX may defer further shipments, or may, at its option cancel the order or any unshipped balance. The failure of DBOX to exercise any right accruing from any default of purchaser shall not impair DBOX rights, in case of any subsequent default of purchaser.

Products damaged in transit, shortages, etc., should be noted on the freight bill by delivering carrier. Any returns must be authorized in writing by the supplier. Claim cannot be honored after ten (10) days. A clear receipt from the carrier places the responsibility for shortage or damage with the carrier. If there is a shortage, or products are damaged, receipt should be given to the carrier accordingly, and the agent should be requested to insert notation on freight bill. This will enable purchaser to pursue recovery of damages from the carrier.

The determination as to the suitability or adaptability of any of DBOX products to the specific needs of the purchaser is solely the purchaser’s prerogative and responsibility. DBOX is glad to offer suggestions on the use of its various products. Nevertheless, there are no warranties given except such expressed written warranties offered in connection with the sale of a particular product.

 

RETURNS, CANCELLATIONS, NONCONFORMANCE

Cancellation of any order, or any part thereof, shall be subject to the following terms: The purchaser shall pay the contract price, plus any adjustment, of all products that have been completed. In addition to such payment, as to any part of the order that shall be in process, the purchaser shall pay a sum equal to the same proportion of the contract price as the degree of completion of the products in process on the date cancellation is received. Custom built to order products are not returnable.

 

All products are inspected in conformance with DBOX regularly established inspection procedure and/or the purchaser’s blueprints and specifications based on predetermined agreement. To be valid, claims by the purchaser of a product’s nonconformance to specifications must be made to DBOX within 10 days of delivery of product to purchaser. No products may be returned without permission from DBOX Customer Service. Return of products could be subject to a restocking fee. Custom built to order products are not returnable. DBOX will not be held responsible for any fees and/or costs incurred by the purchaser or by any other party, including but not limited to, recall fees, shipping charges, customs and broker fees, insurance and/or any other fees, except for any fees and/or costs approved, in writing and in advance, by a duly authorized representative of DBOX. No allowances will be made for material subsequently added to DBOX products nor for labor charges.

Orders made to purchaser’s drawings or descriptions are executed only on the understanding that the purchaser will indemnify DBOX for any loss resulting from an action for infringement of patents. The purchaser shall pay any manufacturer’s tax or sales tax now or hereafter imposed by governmental authority upon products herein described, or the production, sale, distribution, or delivery thereof, or upon any feature of this transaction.

DBOX will not be bound by any promise or representation, written or oral, not made a written part of the order and signed by a duly authorized representative of DBOX.