Terms and Conditions for Sale of Products
NOTICE: Sale of any Products or Services is expressly conditioned on Customer’s assent to these Terms and Conditions. Any acceptance of Delkin Devices’ offer is expressly limited to acceptance of these Terms and Conditions and Delkin Devices expressly objects to any additional or different terms proposed by Customer.
Application of Terms
These Delkin Devices, Inc. (“Delkin Devices”) terms and conditions exclusively govern and control, and entirely supersede, and are in lieu of any other terms and conditions, if any, in the Customer’s purchase order or any other document offered or proposed by Customer in connection with the acquisition of any Delkin Devices products (“Products”) by Customer. All other terms or conditions of sale proposed or offered by Customer are hereby expressly rejected in their entirety. No other terms shall be valid unless specifically agreed to in writing and signed by an authorized employee of Delkin Devices. Failure of Delkin Devices to object to the provisions in any document sent by Customer shall not be deemed a waiver of these terms or acceptance of any terms the Customer may have requested. Delkin Devices sale or other transfer of Products are governed only by these terms and conditions of sale. This sale is made subject to the terms and conditions of sale contained in Seller’s current catalog, which terms and conditions are incorporated herein by reference. To the extent that terms and conditions printed hereon conflict with those of Seller’s current catalog or website, those printed hereon shall control. Customer shall be deemed to have expressly accepted these terms and conditions of sale if Customer requests or receives delivery of any Products. All requests for Products are subject to approval by Delkin Devices. Delkin Devices, Inc. reserves the right to restrict or allocate Products.
Payment, Credit and Interest
Delkin Devices may in its sole discretion require payment in cash in advance of shipment of Products or otherwise change the terms of Customer’s credit or delay the shipment, whether or not in transit, or cancel Customer’s order without Delkin Devices incurring any liability for loss or damage of any kind by reason of such change, delay or cancellation and with Customer remaining liable to pay for all Products already shipped. Interest on overdue payments shall be payable at the rate of one and half percent (1.5%) per month. In the event that legal action is taken by Delkin Devices Customer shall be liable for all Delkin Devices attorney’s fees and costs of such action. Delkin Devices retains (and Purchaser grants to Delkin Devices by submitting a purchase order) a security interest in the Products to secure payment in full, and Customer agrees to execute any additional documents necessary to perfect such security interest. If Purchaser fails to make timely payment of any amount invoiced hereunder, Customer agrees that Delkin Devices shall have the right to request, and Customer agrees to return to Delkin Devices, any Products in Customer’s inventory for which Delkin Devices has not been paid in full. The Purchaser agrees it will not transfer for the benefit of other creditors or any other reason the possession of or any right, title or interest in any Products for which Delkin Devices has not been paid in full.
Shipment
All Products are sold F.O.B. Delkin Devices warehouse in Poway, California USA, unless another location is specifically designated in writing by Delkin Devices, Inc. Title to and risk of loss of Products pass to Customer at the F.O.B. point. Customer shall be responsible for all costs associated with shipping and insurance as well as any necessary customs clearances and duties (at or after the F.O.B. point). Delivery dates acknowledged or confirmed by Delkin Devices are estimates only, and Delkin Devices shall not be responsible for delays in shipment or delivery or any resulting claims or damages for any reason. Customer must notify Delkin Devices of any shipping discrepancies within forty-eight hours of receipt.
Pricing
Prices quoted or shown on acknowledgments are in U.S Dollars and are subject to changes by Delkin Devices without notice. Unless specified otherwise on the face hereof, the price or prices quoted on an acknowledgment may be adjusted on invoicing to reflect Delkin Devices’ change in invoice price as of the date of shipment.
Rescheduling and Cancellations
Orders for standard off-the-shelf product cannot be cancelled or rescheduled without the prior written consent of Delkin Devices. Orders for customized product are considered non-cancellable and non-returnable (NCNR) due to their unique attributes, unless special arrangements have been made at time of order placement. Customer’s wrongful non-acceptance, cancellation, or repudiation shall entitle Delkin Devices to recover, in addition to any incidental damages: (1) the full price of such Products: or (2) where other customers exist, damages equal to the profit which Delkin Devices would have realized had Customer performed. Delkin Devices shall additionally be entitled to recover expenses incurred in connection with procuring or providing special services, special tooling, special supplies, and similar expenses.
Limited Warranty and Returns
Warranty applies only to Delkin Devices Inc. consumer products purchased by the original end-user from an authorized Delkin reseller. It is designed to provide the maximum protection permitted by applicable law while limiting Delkin’s liability to the fullest extent allowable in the United States and Internationally. Coverage applies only to products purchased by the original end-user purchaser from Delkin or an authorized Delkin reseller and accompanied by valid proof of purchase.
If you purchased your Delkin product via any means other than an authorized Delkin reseller (or directly from Delkin), this warranty is not applicable, and you should contact the merchant from which you purchased the product.
1. Consumer Product Warranty Period
Delkin Devices Consumer Product warranty term based upon product groups and referenced from original invoice/receipt purchase date:
NOTE: Delkin Industrial storage products (including but not limited to industrial SD, CFexpress, and embedded flash solutions) are covered under a separate Industrial Warranty located at: delkin.com/terms-and-conditions. Industrial warranties include different coverage periods, exclusions, and RMA procedures.
2. Limited Lifetime Warranty (Flash Memory Cards)
This Limited Lifetime Warranty (“Warranty”) is provided by Delkin Devices Inc. (“Delkin”) and applies solely to Delkin branded consumer flash memory cards, including SD, microSD, CFexpress, CompactFlash, as well as other specific Delkin-branded removable solid-state storage media, and specific private label memory products manufactured by Delkin (collectively, the “Product”).
Delkin warrants that the Product, under normal use and service, will be free from defects in materials and workmanship and shall conform to Delkin Devices published specifications for the duration of its usable life.
Definition of “Lifetime”
For purposes of this Warranty, “Lifetime” refers to the period during which the Product remains within its original endurance design specifications, including:
- NAND flash write/erase cycle limits,
- TBW (terabytes written),
- other objective wear mechanisms inherent to solid-state storage.
“Lifetime” does not refer to the lifetime of the purchaser.
3. Warranty Remedy
If a defect covered by this Warranty is confirmed, Delkin will, at its discretion:
- Repair the Product;
- Replace the Product with a new, refurbished, or functionally equivalent product of equal or greater value; or
- Refund the purchase price or the amount required by applicable law, where repair or replacement is not commercially practical.
Replacement products may:
- be new, refurbished, or functionally equivalent,
- differ in appearance, speed, capacity, or model number.
Replacement Products carry the remainder of the original Product’s warranty or ninety (90) days, whichever is longer. Warranty repair or replacement by Delkin Devices shall not extend or renew the applicable warranty period.
Where local law grants consumers the right to choose the remedy (e.g., certain EU Member States, Australia), Delkin will comply with such requirements.
4. Exclusions
This Warranty does not cover:
- Cosmetic damage.
- Normal wear and tear, including gradual performance decline characteristic of NAND-based flash memory.
- Products with altered, removed, or illegible serial numbers, labels, or authentication markings.
- Damage caused by misuse, neglect, modification, improper installation or removal, electrostatic discharge, or use outside Product specifications.
- Damage caused by accident, impact, bending, crushing, fire, liquid exposure, chemical exposure, or environmental conditions exceeding Product ratings.
- Use in life-support, medical, nuclear, or other critical-safety systems.
- Data loss, data corruption, or costs associated with data recovery.
- Use with non-compliant, damaged, counterfeit, or uncertified adapters, readers, or host devices.
- Counterfeit Products or Products not purchased from authorized sellers.
- High-stress workloads exceeding the Product’s intended use, including continuous high-bitrate video capture, professional enterprise-level duty cycles, or industrial data-logging unless the Product is expressly rated for such uses.
- Software / Apps provided by Delkin Devices. Use of such Utilities is at customer’s sole risk.
Delkin does not guarantee compatibility with every specific host device, mode, or application.
5. User Responsibilities
The customer must:
- Back up data regularly, as flash memory devices have finite write endurance.
- Immediately discontinue use if a Product exhibits irregular behavior or error conditions.
- Maintain, and provide valid proof of purchase upon request.
- Provide a clear description of the defect and the usage environment.
Delkin may require return of the “defective product” for inspection prior to providing warranty service at its discretion. Products lost or damaged during shipment to Delkin are the customer’s responsibility.
6. Limitations of Liability
To the maximum extent permitted by law:
- Delkin’s liability is limited exclusively to the remedies described in Section 3.
- Delkin is not liable for any indirect, incidental, consequential, punitive, or special damages, including loss of data, revenue, business, or goodwill.
- Delkin does not guarantee error-free or uninterrupted operation.
Technical advice and specifications regarding the Products sold hereunder that are solicited or received from Delkin Devices shall be used by Customer at its own risk. DELKIN DEVICES EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DIREST, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED AS A RESULT OF USE OF OR DEFECTS IN ANY PRODUCT AND/OR ADVICE GIVEN.
Some jurisdictions do not permit exclusion or limitation of incidental or consequential damages. In such regions, Delkin’s liability is limited to the minimum extent allowed by law.
Delkin’s total liability to any customer or third party shall not exceed the original purchase price of the Product, except where prohibited by law.
7. State-Specific Rights (U.S.)
This Warranty grants specific legal rights; consumers may have additional rights that vary by state.
Examples:
- Some states do not allow exclusion of implied warranties.
- Some states require minimum warranty periods.
- California residents retain rights under the California Song-Beverly Consumer Warranty Act.
Any limitations prohibited in a specific state will be applied to the fullest extent permissible.
8. International Consumer Rights
Where applicable law provides mandatory consumer protections, this Warranty operates in addition to, and does not reduce or restrict, those rights. If a conflict exists, mandatory local law prevails.
Country-Specific Lifetime Warranty Limitations
European Union (including Germany & France):
EU consumer law provides a minimum 2-year statutory warranty for defects. These rights cannot be waived or shortened. Delkin’s voluntary “lifetime” coverage applies only to manufacturing defects and only for the Product’s defined usable life; it does not alter mandatory statutory rights.
United Kingdom:
“Lifetime” is interpreted in accordance with UK consumer law. Where deemed ambiguous, the term shall mean the Product’s usable life, subject to statutory minimums.
Australia:
Under the Australian Consumer Law, consumers have non-excludable rights. The Delkin lifetime warranty applies only to defects in materials or workmanship and does not limit statutory guarantees.
Japan:
Manufacturer warranties must specify duration. Where “lifetime” is not recognized, Delkin will apply a duration compliant with Japanese consumer-protection regulations.
9. Implied Warranties
The warranties provided herein are exclusive and are in lieu of all other warranties, conditions and guarantees whether written, oral, implied or statutory. WHERE PERMITTED BY LAW, NO IMPLIED OR STATUTORY WARRANTY, OR WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLIES.
Where required by local law, all implied warranties, including merchantability and fitness for a particular purpose, are limited to the duration of this Warranty. Where such limitations are not permitted, implied warranties apply only to the extent required by law.
10. Non-Transferability
This Warranty is non-transferable and applies only to the original end-user purchaser.
Where local law mandates transferability of manufacturer warranties, Delkin will comply only to the minimum extent required.
11. No Other Warranties
No Delkin reseller, employee, representative, or agent is authorized to modify, extend, or make any representation inconsistent with this Warranty. Any such statements are void.
12. Governing Law
For U.S. customers, this Warranty is governed by the laws of the State of California, without regard to conflict-of-law principles.
All disputes, claims, or legal actions relating to this Warranty or the Product shall be brought exclusively in the state or federal courts located in San Diego County, California, and customers consent to the jurisdiction of those courts.
For international customers, this jurisdiction clause applies only where not superseded by mandatory consumer-protection laws requiring local venue.
13. Severability
If any provision of this Warranty is deemed unenforceable, it shall be modified only to the minimum extent necessary to make it enforceable, and the remainder shall continue in full force and effect.
14. Warranty Claim Procedure
To obtain warranty service:
Notify Delkin in writing via email to:
customerservice@delkin.com
Delkin is not responsible for Products lost or damaged during shipment.
Limitations
Delkin Devices, Inc. liability to Customer, or any third party that may use a Product, shall not exceed the purchase price of the Product. Technical advice and specifications regarding the Products sold hereunder that are solicited or received from Delkin Devices shall be used by Customer at its own risk. DELKIN DEVICES EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DIREST, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED AS A RESULT OF USE OF OR DEFECTS IN ANY PRODUCT.
Law of the State of California
The entire transaction contemplated hereunder shall be governed by the laws of the state of California and Delkin Devices and Customer agree that the exclusive jurisdiction and venue for any dispute relating hereto are the state and Federal courts in San Diego California.
U.S. Government Contracts
This Provision applies only if a transaction is for the direct or indirect sale to any agency of the U.S. government and/or is funded in whole or in part by any agency of the U.S. government. Customer agrees that all Products and services provided by Delkin Devices meet the definition of “commercial-off-the-shelf” (“COTS”) or “commercial item” as those terms are defined in Federal Acquisition Regulation (“FAR”) 2.101. To the extent the Buy American Act, Trade Agreements Act, or other domestic preference requirements are applicable to this transaction, the country of origin of Products is unknown unless otherwise specifically stated by Delkin Devices in writing. Customer agrees any services offered by Delkin Devices are exempt from the Service Contract Act of 1965 (FAR 52.222-41). Customer represents and agrees that the transaction is not funded in whole or in part by American Recovery Reinvestment Act funds unless otherwise specifically stated in writing by Customer. The version of any applicable FAR clause listed in this Article 20 shall be the one in effect on the effective date of the transaction. If Buyer is an agency of the U.S. Government, then as permitted by FAR 12.302, Customer agrees that all paragraphs of FAR 52.212-4 (except those listed in 12.302(b)) are replaced with these Terms and Conditions. Customer further agrees the subparagraphs of FAR 52.212-5 apply only to the extent applicable for sale of COTS and/or commercial items and as appropriate for the transaction value. If Customer is procuring the Products or Services as a contractor, or subcontractor at any tier, on behalf of any agency of the U.S. Government, then Customer agrees that FAR 52.212-5(e) or 52.244-6 (whichever is applicable) applies only to the extent applicable for sale of COTS and/or commercial items and as appropriate for the transaction value.
