Diffraction Limited Online Sales Terms and Conditions
Welcome to Diffraction Limited’s Online Sales Terms and Conditions. These Terms and Conditions govern sales made on the Diffraction Limited online sales webpage. You agree to be bound by these Terms and Conditions by clicking on the “I Agree” button on the checkout page. We reserve the right to amend these Terms and Conditions at any time by posting amended terms and conditions on our website with a revised effective date.
The terms “Diffraction”, “SBIG”, “us”, “’we” and “our” refers to Diffraction Limited, an Ontario corporation. Our contact details are listed on the website page “Contact”. The term ‘you’ refers to the purchaser of the product or user or viewer of the online ordering features of our website.
Price: All prices are in US Dollars. Prices listed are for immediate ordering only and are subject to change. Prices do not include shipping, which will be charged separately. Prices do not include domestic sales and use taxes. We will separately list and charge Canadian tax for orders shipped to Canadian addresses. You will be responsible for paying any use taxes for orders shipped to addresses outside of Canada.
Availability: We typically ship products 2 to 4 weeks after you order them, but some products have longer lead times (usually noted on the product description page). We will email you a confirmation of lead time for your order.
Payment Options: We accept MasterCard and Visa for online orders.
Shipping, Title, Risk of Loss and Insurance: We will choose, and deliver your order to, a shipping company, which will be deemed your agent. All shipments are made “FOB Origin”, meaning the sale is final, our delivery to you is deemed complete, and risk of loss or damage transfers to you, upon our delivery of your order to the shipping company. If your order is lost or damaged in shipment, you will have to make the claim against the shipping company. We do not insure your shipment. At checkout, you can choose to purchase insurance from the shipping company for orders exceeding $100 in value.
No Delivery to Specified Persons or Entities or Countries: A variety of laws prohibit or restrict our ability to deliver products to certain specified persons, entities or countries. Except as authorized by law, you agree not to export or re-export products to any country, or to any person, entity, or end user subject to Canadian export controls, including without limitation countries subject to Canadian embargoes or trade sanctions and persons or entities otherwise so identified by the Canadian government.
All SBIG cameras and accessories are warranted to be free from defects in materials and workmanship for one (1) year on the CCD sensor, and two (2) years on the camera body, from the date of shipping. Other hardware products, including the Boltwood Cloud Sensor II, Portable Cloud Sensor, and MaxDome II are warrantied against manufacturing defects for one (1) year from the date of shipping.
For any defective product we will, at our sole option either (a) repair or replace the defective product (using new or reconditioned parts or products at our sole discretion), or (b) refund the purchase price, provided the defective product or component is returned to us, freight prepaid. You are responsible for return shipping costs. For clarity, we will not accept returned products for refund unless they are unopened and in new, resellable condition with all original packaging. The warranty period for the repaired or replaced product will not exceed the original warranty period. You must contact us to obtain a return material authorization (“RMA”) number prior to returning your product for warranty repairs; packages received without an RMA clearly listed on the outside of the package will be rejected. This warranty does not apply to any product problems we determine have been caused by accident, abuse, or negligence, or by damage by water, heat, dust, heavily polluted, dirty, or corrosive atmosphere, salt water or salt spray, lightning, extreme weather, or other environmental cause, or by unauthorized repair or modification. If you have a problem, please contact us before you ship the unit to us.
We will, at our option, and as our sole obligation and your sole remedy, (a) repair or replace the defective product (using new or reconditioned parts or products at our sole discretion), or (b) refund the purchase price, provided the product or defective component is returned to us, freight prepaid.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PRODUCTS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
IN NO EVENT WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR CONTINGENT DAMAGES ARISING FROM OR RELATING TO THIS CONTRACT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS SALE, INCLUDING FOR ANY LIABILITY ON ACCOUNT OF A CLAIMED DEFECT IN ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT. ALL SALES ARE FINAL, NO RETURNS WILL BE ACCEPTED OTHER THAN AS PROVIDED IN THESE WARRANTY PROVISIONS.
You acknowledge that any software programs included in the products (the “Software”) are licensed to you under the terms and conditions of the click-through license agreement provided with the Software and that title to the Software (or any copies thereof) is not transferred to you. As used herein, the term “sale” or “sold” in connection with the Software means sale of a license to use the Software.
Software Returns Policy
All software sales are final. A free demo period with full technical support is available to determine suitability of the software prior to sale.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, Canada, without reference to its conflicts of law provisions. Any dispute shall be subject to the exclusive jurisdiction of the courts located in Ottawa, Ontario, Canada, and you hereby irrevocably agree to submit to the personal and exclusive jurisdiction and venue of such courts. The various section headings used herein are inserted for convenience of reference only and shall not affect the meaning or interpretation of these Terms and Conditions or any section thereof. If any term, provision, covenant or condition of these Terms and Conditions is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Effective October 1, 2014. Updated to include Software Returns Policy November 6, 2017. Updated to clarify hardware RMA policy February 15, 2018.