TERMS OF SERVICE

SERVICE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws, rules or regulations in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your service.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including payment information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit/debit card information and bank account information for ACH processing is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, lease, license or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

PRODUCTS AND SERVICES

We reserve the right to refuse any order you place with us. We reserve the right, but are not obligated, to limit the sales of our products or Service to any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services, or product or service pricing, are subject to change at any time without notice, at our sole discretion. We reserve the right to modify or discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or other requirements, or that any errors in the Service will be corrected in a timely manner or at all.

if you're unhappy with your order and feel like we didn't do a great job, please contact us and we'll do our best to rectify the situation. Should we, in our sole discretion, decide to replace any products or to refund or credit to you any amounts paid for an order, that replacement, refund, or credit shall constitute our entire, sole and exclusive liability, and your sole and exclusive remedy, with respect to that order.

If you dispute any charge that is made to your credit/debit card, you agree that Dalcomm Tech may authorize a third party vendor to handle and seek to resolve such dispute on Dalcomm Tech’s behalf, which may include Dalcomm Tech providing such vendor with the following information: your name, physical address, email address, phone number and the first 6 and last 4 digits of your credit/debit card number. You agree that Dalcomm Tech may provide such information to the third party vendor and that the third party vendor may further disclose that information to your credit/debit card company, the bank issuing the credit/debit card and Dalcomm Tech’s merchant processing company for the purpose of resolving the dispute. Dalcomm Tech will endeavor to have the third party vendor agree to maintain the confidentiality of such information.

If you dispute valid charges made by Dalcomm Tech to your credit/debit card and your dispute is subsequently found to be fraudulent, you agree to reimburse Dalcomm Tech for Dalcomm Tech’s expenses (including bank’s and attorney’s fees) incurred in connection with resolving the dispute.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We may, in our sole discretion, limit or cancel quantities purchased per account, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method (credit/debit card, ACH, Wire Transfer, or other), and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates or banking information for ACH/wire transfer payments, so that we can complete your transactions and contact you as needed.

COPYRIGHT NOTICE

This website and its contents are subject to copyright which is owned by Dalcomm Tech LLC under the laws of United States of America or in the case of some materials, by third parties. Dalcomm Tech does not grant you any intellectual property rights in this website, its applications, interface or contents. You must not reproduce, transmit (including broadcast), adapt or otherwise exercise the copyright in the whole or any part of this website for any other purpose except as expressly permitted by statute or with Dalcomm Tech’s prior written consent.

TRADEMARK NOTICE

This website site includes registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the word Dalcomm Tech, Starburst Gear, G Series, and the Dalcomm Tech logo. Unless otherwise indicated, they are owned by Dalcomm Tech LLC and may be the subject of rights in other countries. You may not use Dalcomm Tech's trademarks or the name Dalcomm Tech without Dalcomm Tech’s prior written consent.

DISCLAIMER

To the extent permitted by law, Dalcomm Tech does not warrant the accuracy or completeness of any information you derive from this website and we exclude liability for loss or damage arising from any errors or omissions in this website or your use of this website. Where applicable law implies any term, representation or warranty into your use of the Dalcomm Tech website, and therefore prohibits the exclusion of that term, then that term is to be included. If any liability is not able to be excluded by law, we limit our liability to the resupply of the relevant information or services.

Any information, ideas, concepts, or techniques provided by, or obtained from, you or your use of the Dalcomm Tech website shall be deemed to be non-confidential and Dalcomm Tech shall be free to use, reproduce, disclose and distribute the information to others without limitation.

PRICING

The prices listed on the Dalcomm Tech website and terms and conditions of any kind relating to products displayed on this site may not be current or complete and therefore under no circumstances constitute an offer or undertaking by Dalcomm Tech. Pricing is subject to change as indicated on the Dalcomm Tech terms and conditions document available on www.DalcommTech.com website. Product availability is also subject to demand shifts and manufacturing constraints. Therefore, we make no representation that the products listed in this site are currently available at all of our locations in the USA or overseas distribution hubs. To obtain full details of production information, pricing and availability, contact your local Dalcomm Tech representative or directly to the Dalcomm Tech head office in the US by calling 800-593-6501.

APPLICABLE LAW

This web-site is managed by Dalcomm Tech from its head office at 10 Harvard Ave, West Boylston, MA 01583. By accessing this site, you accept that any disputes about this website or its contents are to be governed by the courts of the state of Massachusetts, USA.

This website may be accessed throughout the USA and overseas. Dalcomm Tech makes no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside the USA. If you access this site from outside the USA, you so do at your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

VARIATION

Dalcomm Tech LLC may elect to vary these Terms of Service at any particular time. We encourage that you visit this page at regular intervals to determine whether there have been any changes to the Terms of Service coverage.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The rights, obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of our relationship or any transactions completed on our website for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate our relationship at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

1. All prices listed are in US Dollars ($) and are subject to change without notice.
2. Payment terms are Net 30 Days for approved resellers/dealers upon credit approval, unless otherwise noted. All other sales must be paid in full before delivery.
3. All sales and use of any Product is subject to the terms of the limited warranty for the Product.
4. Shipment terms are EXW, DALCOMM TECH LLC, 10 Harvard Ave, West Boylston, MA 01583, USA.
5. Taxes, shipping charges, customs duties and other associated charges are in addition to product prices.
6. DALCOMM TECH LLC will accept product returns in like-new condition in original packaging within 30 days of their original purchase date with a 15% restocking charge. DALCOMM TECH LLC will not accept product returns beyond 30 days of their original purchase.
7. Any Product modification(s) will cause loss of warranty. Additionally, users are warned that permanent hearing damage could result if the Product is modified in any way, or if used with other products for which the Product is not intended.
8. The user is advised that it is their sole responsibility to determine the Product’s applicability and compliance with all hearing protection regulations.
9. The user is advised that it is their sole responsibility to exercise care when using any earphone accessory(s) that are connected to the Product, and to use caution when inserting any earphone piece into the ear.
10. The user is advised to ensure that the Product will work on their communication system prior to purchase.

DISCLAIMER: THIS IS THE COMPLETE AND ONLY WARRANTY FOR THE PRODUCT.  THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER EXPRESS WARRANTIES.  THE PRODUCT, INFORMATION AND DATA CONTAINED IN THE PRODUCT AND ANY DOCUMENTATION, INCLUDING ANY SUPPORT SERVICES OR THE FAILURE TO PROVIDE SUCH SERVICES, ARE PROVIDED “AS IS”, WITH ALL FAULTS, ERRORS, OMISSIONS AND INACCURACIES, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH YOU.

LIMITATION OF LIABILITY: THIS WARRANTY DETAILS THE FULL EXTENT OF DALCOMM TECH LLC ’S ENTIRE LIABILITY AND RESPONSIBILITIES AND YOUR EXCLUSIVE REMEDIES REGARDING THE PRODUCT.  UNDER NO CIRCUMSTANCES SHALL DALCOMM TECH LLC BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, FROM THE USE OF, OR RELIANCE ON, THE PRODUCT.  IN NO EVENT SHALL DALCOMM TECH LLC BE LIABLE FOR ANY DAMAGES OR LOSSES FROM LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, SAVINGS OR ANY OTHER PECUNIARY LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PRODUCT OR ANY SERVICES PROVIDED OR THE FAILURE TO PROVIDE SERVICES HEREUNDER, TO THE FULL EXTENT AS MAY DISCLAIMED BY LAW, EVEN IF DALCOMM TECH LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DALCOMM TECH LLC BE LIABLE FOR ANY DAMAGE OR INJURY TO PROPERTY OR PERSONS.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

FOR PURPOSES OF THIS LIMITATION OF LIABILITY PARAGRAPH, THE TERM “DALCOMM TECH LLC” SHALL INCLUDE DALCOMM TECH LLC AND ITS DIVISIONS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, PARENT COMPANIES, AND THEIR EMPLOYEES, PARTNERS, PRINCIPALS, AGENTS, SHAREHOLDERS AND REPRESENTATIVES, AND ANY THIRD-PARTY PROVIDERS OR SOURCES OF INFORMATION OR DATA.

The Product and documentation is protected by the copyright laws of the United States and international copyright treatises, and should be treated like other copyrighted material.

The Product, the Product technology and its related documentation may not be exported or re-exported in violation of the U.S. Export Administration Act and its implementing regulations.

This Agreement shall be governed by and construed under the laws of the Commonwealth of Massachusetts, U.S.A. as such laws apply to agreements between Massachusetts residents entered into and to be performed within Massachusetts, exclusive of Massachusetts conflicts of law provisions, except as governed by Federal law.  Any action or proceeding shall be brought in a Federal or State court of competent jurisdiction in the City of Boston, Massachusetts or the City of Worcester, Massachusetts, and in no other jurisdiction.  Any notices required or permitted under this Agreement shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested, with proper postage affixed.

This Agreement and any Conditions of Sale issued by DALCOMM TECH LLC for the Product are the complete and exclusive statement of DALCOMM TECH LLC’s obligations and responsibilities to you, constitute the complete agreement concerning the Product between the parties, and supersede all prior proposals, communications, agreements and representations, oral or written, between the parties.  This Agreement may be amended only by a writing executed by both parties, and the parties waive any right to orally amend this Agreement.  If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the validity and enforceability of the other provisions will not be affected thereby.  Failure of a party to enforce any provision of this Agreement does not constitute and should not be construed as a waiver of such provision or of the right to enforce such provision.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

NOTICE TO USER:  BY USING THE PRODUCT(S), YOU ARE CONSENTING TO BE BOUND BY AND ACCEPT THIS AGREEMENT, ITS WARRANTIES, DISCLAIMERS AND LIABILITY LIMITATIONS, WHICH IS A LEGAL DOCUMENT BETWEEN YOU AND DALCOMM TECH LLC  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, RETURN THIS PRODUCT TO THE PLACE OF PURCHASE WITHIN 30 DAYS FOR A REFUND.  BY INSTALLING OR USING THE ACCOMPANYING PRODUCTS IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THE PRODUCTS OR CONTENTS AND YOU MUST RETURN THE PRODUCTS OR CONTENTS TO THE PLACE OF PURCHASE.

LIMITED WARRANTY:  DALCOMM TECH LLC (DALCOMM TECH LLC ) makes the following limited warranty to purchasers of DALCOMM TECH LLC ’s products (hereinafter Product) who purchase direct from DALCOMM TECH LLC and from DALCOMM TECH LLC ’s authorized distributors. DALCOMM TECH LLC warrants that its Product will be free from defects in materials and workmanship under normal use and service as follows:

Dalcomm Tech Products:

• Carbon fiber headsets: Sixty-Five (65) months from the date of the Product’s purchase.

• Headsets For All Other Applications: Twelve (14) months from the date of the Product’s purchase.

• Adapter Cords and Other Accessories: Twelve (12) months from the date of the Product’s purchase.

DALCOMM TECH LLC does not warrant, however, that the Product will meet your requirements, that your use of the Product or communications will be uninterrupted, that communications or operation of the Product will be error-free or secure, or that any defects in the Product will be corrected.  DALCOMM TECH LLC does not warrant the installation, maintenance or service of the Product.  DALCOMM TECH LLC makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of any communications using the Product or information contained in such communications.  In the event of a breach of this warranty, DALCOMM TECH LLC , at its sole discretion and option, will at no charge either repair the Product (with new or reconditioned parts), replace it with the same or equivalent Product (using new or reconditioned Product), or refund the purchase price of the Product during the warranty period, provided the purchaser notifies DALCOMM TECH LLC according to the terms of this warranty.  All replaced parts of the Product become the property of DALCOMM TECH LLC.  Any repaired or replaced Product will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.  This express limited warranty is extended by DALCOMM TECH LLC to the original end user customer, and it is not assignable or transferable to any other party.

DALCOMM TECH LLC cannot be responsible in any way for any equipment not furnished by DALCOMM TECH LLC, which is attached to or used in connection with the Product, or for operation of the Product with any ancillary equipment and all such equipment is expressly excluded from this warranty.  Because each system, which may use the Product, is unique, DALCOMM TECH LLC disclaims liability for range, coverage, battery life or operation of the system as a whole under this warranty.  This limited warranty shall not apply if the Product is used on or in conjunction with hardware or software other than that recommended or approved by DALCOMM TECH LLC with which the Product was designed to be used.

NOTICE: This limited Product warranty is immediately voided upon violation of the terms of this Agreement, if the Product has been altered in any way, subjected to accident, abuse, neglect, acts of God, improper use, or if the Product has been damaged by improper repair.  Replacement parts can be purchased from DALCOMM TECH LLC by the Customer for repair of their Product(s), however, damage from obvious improper repair may void the warranty.  Note that Intrinsically Safe (IS) rated Products may only be repaired by DALCOMM TECH LLC or its assignees.