Terms and Conditions
DataPro Help > Terms and Conditions|
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.datapro.net website (the "Service") operated by DataPro International, Inc ("us", "we", or "our").|
- Returns are granted under the following conditions:
- Full refund if RMA is requested within 10 business days of delivery.
- Full refund, minus 15% restocking fee, if RMA is requested 11 to 30 days after delivery.
- Exchange of equal value or store credit if RMA is requested 11 to 30 days after delivery.
- Once authorized, returns must be shipped to DataPro within 30 days.
- Shipping charges will not be refunded for non-defective merchandise.
- No credits, refunds, or exchanges for custom-built or special order items.
- No credits or refunds if product is not in "as new" condition.
- The warranty period for cables and manual switches is five years. All other products carry a warranty of one year.
- DataPro does not warranty any product which has been modified in any way by the customer, nor is DataPro liable for any damages or losses resulting from such modifications.
- Face plates and wall plates do not include any connectors or cables unless specifically indicated.
- Face plates are not shipped assembled unless specifically indicated.
- International customers are responsible for all applicable import charges, including customs fees, Value Added Tax (VAT), duties, and brokerage fees. These fees are not included in our posted flat rate shipping charges, and typically are billed by the carrier. Unpaid fees may be charged to the customer's credit card or Net 30 account at a later date.
- Customers are responsible for all fees incurred by shipping on their carrier account. If unpaid by the customer, these fees will typically be billed to DataPro, and charged to the customer's credit card or Net 30 account at a later date.
- Orders under $20.00 will be charged a $2.00 handling fee.
- Requests for special handling or notifications may incur an additional handling fee.
- Orders with volume pricing or other discounts are not eligible for flat-rate shipping costs.
- Orders shipped without signature confirmation will not be replaced or refunded once declared "Delivered" by the carrier.
- Transit times for posted shipping methods do not include build time for custom parts, or restock time for backordered parts.
- Orders ship complete unless otherwise requested. Customers are responsible for any additional shipping charges on split shipments.
- Products purchased from DataPro may not be reverse-engineered for any purpose that may infringe on existing patents, copyrights, or trademarks.
- Custom products may be photographed and used for promotional purposes on DataPro's website, in printed materials, and on publicly accessible social media accounts. If for any reason you would prefer that your product not be used in this manner, we are happy to accommodate you. Just let us know when placing your order.
- Feedback submitted through the order form may be used (anonymously) for promotional purposes on our website, in printed materials, and on publicly accessible social media accounts. If you would prefer that your feedback remain confidential, please let us know upon submission.
By accessing and using this website or placing an order with DataPro International, Inc., you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using this websites particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the terms of service. These terms may change at any time. Reference this page for the most recent version.
Any participation in this site will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this site.
This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
You agree to defend, indemnify and hold harmless DataPro International Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
In no event shall DataPro International Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Due to specification upgrades, manufacturer diversity, and stock cycling, products shipped may vary slightly from their photos. We guarantee all of our products to function as advertised, but aesthetics are subject to change. We will not ship multiple variations of a product in a single order without prior confirmation, but cannot guarantee total aesthetic homogeny from one order to the next.
If you are prototyping or engineering and intend on using our products as integrated components, we would be happy to establish more specific consistency requirements for you. Please let us know prior to ordering if you will be needing physically and aesthetically identical products from one order to the next.
By accepting these terms and conditions, and accessing 2D Drawings or 3D CAD Models ("Materials") through DataPro's International Inc.'s website (www.datapro.net and all subdomains), you ("Recipient") agree to the following:
Your obligations and DataPro's rights hereunder will survive so long as the you possess any of the Materials.
- All Materials remain the property of DataPro International Inc. (DataPro) and You may not copy, alter or modify the Materials without DataPro's express written permission.
You may not disclose or distribute the Materials without DataPro's express written permission.
- You may use the Materials for reference purposes only.
- You may not use the Materials to produce, reproduce, or solicit reproductions of DataPro parts or products.
- DataPro may update or revise the Materials at any time without notice to You.
- DataPro International Inc. makes no representation or warranty as to the accuracy of the Materials and is not responsible for physical or monetary damage resulting from their use.
This Agreement is governed by, and construed in accordance with, the laws of the State of Washington, USA. Any dispute arising under this Agreement will be brought in the state or federal courts of King County, Washington. You hereby submit to the Personal Jurisdiction of such courts and agree to waive any objection to venue therein.
If any provision of this Agreement is determined by a judge to be invalid or unenforceable for any reason, it will be adjusted rather than voided, if possible, in order to achieve the intent of the parties to the extent possible. In any event, all other provisions of this Agreement will be deemed valid and enforceable to the full extent possible.
"Recipient" or "You" includes the individual agreeing to this Agreement and his or her employer, business, partners, or other entity. You represent and warrant that you have the right to enter into this agreement on behalf of your employer, business, partners, or other entity.
You acknowledge and agree that damages will not be an adequate remedy in the event of a breach of any of Your obligations under this Agreement and that DataPro will be entitled (without limitation of any other rights or remedies otherwise available) to obtain an injunction from a court of competent jurisdiction prohibiting the continuance or recurrence of any breach of this Agreement.
If any party seeks to enforce its rights under this Agreement by legal proceedings or otherwise, the nonprevailing party will pay the reasonable fees, costs and expenses of the prevailing party.
Either party's waiver of a breach of any term of this Agreement will not be construed as a waiver of any subsequent breach of the same or any other term.
This Agreement will be binding upon and will inure to the benefit of the parties' successors, executors, administrators, heirs, representatives, and assigns.
This Agreement contains the entire agreement between the parties concerning the subject matter hereof and supersedes any and all prior and contemporaneous negotiations, correspondence, understandings, and agreements, whether oral or written, respecting such subject matter. All modifications to the Agreement must be in writing and signed by both parties.
Both parties hereby agree that the provisions of this Agreement are reasonable and necessary in order to protect DataPro International Inc.'s interest in valuable and confidential information. In the event that this agreement is breached or violated both parties agree that Recipient will be obligated for monetary damages and also for all legal costs related to the enforcement of this Agreement.