OUR TERMS OF PAYMENTS
The Online Payment Terms constitute a contract between you and Deltacron Technologies Inc (“Deltacron”). Please read them carefully. You may either accept or decline the Terms as indicated, but to make payment using the Services, you must accept the Terms by clicking “I have read and agree to the terms below”. All payments of Deltacron invoices using the online credit card facilities are subject to the following conditions. Deltacron accepts the following cards:
• American Express
All credit payments are subject to a 2.9% service charge
You warrant that:
• You are 18 years of age or over.
• You have the appropriate authority to validly accept the Online Payment Terms and are able to and will meet your obligations in relation to these Terms.
• The credit card used in connection with the Services is issued in your name or you are authorized to use the credit card.
• You will pay the credit card issuer all charges incurred in the use of the Services.
• The information supplied by you is true and correct.
When you complete the online payment form, funds will be deducted from your credit card in the currency stated on your invoice. All payments are debited to Datacron. Due to the way transactions are processed by the external banking sites, there may be delays of 1-3 days in updating your payment in Deltacron records. Credit card payments are secure:
• Payments will be processed directly by wave payments (US/Canadian dollar transactions) using Secure Socket Layer (SSL) technology.
• Credit card numbers are protected with a high level of encryption when transmitted over the Internet.
• Deltacron does not store in any way your credit card details, unless stated by the you.
• If successful, you will receive a confirmation notice of your completed payment.
• If unsuccessful, you will be advised that your payment has failed. Deltacron will not be advised why a payment has failed; therefore, you should contact your credit card provider for details.
• If your payment fails, please use one of the other payment methods described on your invoice to pay your invoice. Please arrange an alternative payment method promptly to ensure continuous use of Deltacron services and/or products.
• Deltacron will confirm your payment details via email.
By using Deltacron’s online credit card facilities you accept and consent to your personal data being provided to the Service Provider for sole purpose of offering and administering the online payment. We respect the privacy of every individual who visits our site. The Deltacron website has security measures in place to protect the loss, misuse and alteration of the information under our control.
Deltacron’s Terms and Conditions for online credit card payments are subject to change at any time. Each transaction shall be subject to the specific Terms and Conditions that were in place at the time of the transaction. If you have any questions or concerns, please contact support by email at firstname.lastname@example.org or telephone at +1.888.211.3911. Important security note: Never transmit credit card information by e-mail.
For Electronic Bank Transfer Use the following:
Deltacron Technologies Inc
Canadian Imperial Bank Of Commerce (CIBC)
Transit Number: 01306
Institution Number: 010
Account Number: 1079417
Notice of Defect/ Subsequent Performance
For quality and quantity defects of the delivery object and for the lack of assured characteristics as well as in the case of delivery discrepancies, Deltacron has the following subsequent performance obligations:
1) The client must examine the delivery object without delay after delivery with reasonable thoroughness given the circumstances; any detected defects must be reported without delay, for not externally visible damage no later than after seven days following delivery in the correct format. Decisive is the date of receipt of this notice of defects at Deltacron Defects which cannot be detected within this time period even with a most careful examination must be reported without delay after discovery, halting any adaptation and processing and taking account of the statutory regulations. The requirement to give notice of defects also applies to business relationships which are not based on a legal purchase (for example, those to be assessed according to the legislation covering works or service agreements etc.). If the notice of defects is not given on time, the client forfeits the right to assert subsequent performance claims. He/she bears the full burden of proof for all claim conditions, in particular for the defect itself, for the time of defect detection and for the timeliness of the notice of defects.
2) For defects in the goods following a justified and timely notice of defects, Deltacron provides at its discretion subsequent performance through repair or replacement.
3) Insofar as the client has to assemble or disassemble the object of purchase as part of the rectification process, BayWa r.e. or parties commissioned thereby must be given the opportunity to conduct the assembly/disassembly, otherwise these measures count as unnecessary.
4) If the subsequent performance fails, the client may in principle demand at his discretion a reduction of the charges (reduction) or cancellation of the contract (withdrawal). In case of only a minor contract violation, in particular for only minor defects, he has, however, no right of withdrawal. If he chooses, after a failed subsequent performance, to withdraw from the contract because of a material or legal defect, he has no additional compensation claims due to the defect unless Deltacron acted with intent or gross negligence. If the client demands compensation after failed subsequent performance and with a corresponding culpability of Deltacron, the goods remain with the customer where this is reasonable. The compensation for damages is limited to the difference between the purchase price and the value of the faulty object. This does not apply if Deltacron has violated a key contractual obligation (cardinal obligation) with intent or gross negligence.
5) If the client does not afford Deltacron an immediate opportunity to inspect the defect and in particular does not provide the contractual object complained about or samples or parts thereof without delay upon request, all warranty claims are void.
6) If the client should make a claim for defects where there is none, Deltacron is entitled to reimbursement of the internal and external expenses caused. This reimbursement amounts to at least $100.00, unless the client can prove lower actual costs.
7) For contractual objects which have been sold as downgraded material, the client has no entitlement to subsequent performance concerning the specified defects and those which can normally be expected.
8) Any further inalienable claims of the client concerning product liability remain unaffected by these provisions.
9) In the case of defects occurring in so-called wearing parts of products or units supplied by Deltacron, the company is only obliged to replace or repair at its own discretion and excluding any further claims; this also applies in the case of repeated replacement deliveries or replacements for wearing parts within the limitation periods for defect claims defined in these terms or otherwise contractually agreed or specified as inalienable in the statutory regulations. Replacement deliveries or subsequent deliveries or the replacement of wearing parts do not have a suspensive effect, unless this contradicts mandatory statutory provisions. Wearing parts or such individual parts or components which according to general consensus of the relevant circles must be assigned such a function or characteristic (for example, wires, pins, winches, bolts). This applies in particular to such parts which due to their use are subject to particular emissions in accordance with their function (for example from moisture, heat, fire, storm and similar extreme weather) and/or need to be replaced during the operation of the plant due to wear.
10) Deltacron shall bear its own transport, travel, labour, assembly and material costs arising during subsequent performance, as long as these cannot be attributed to the client delivering to a location other than the agreed-upon place of delivery; costs incurred due to this are to be carried by the client
11) Information in accordance with Consumer Dispute Arbitration Act:
Deltacron is not obliged to participate in dispute arbitration proceedings before a consumer dispute arbitration body and will not voluntarily participate.
GENERAL LIMITATION OF LIABILITY / LIMITATION PERIOD
1) Unless these terms contain a different provision or binding statutory provisions to the contrary exist, Deltacron is only liable to compensation for the violation of contractual or non-contractual obligations in case of intent or gross negligence. Liability for slight negligence as well as the gross negligence of employees of Deltacron is excluded unless it is a violation of a cardinal obligation in the legal sense. The liability exclusion / limitation stipulated herein also applies to damages due to default or delay.
2) Except for intentional, the liability of Deltacron does not cover damages which could not be typically expected during the concrete business transaction or against which the client is insured or can ordinarily be insured. Liability for subsequent damages due to defects is excluded in all cases of only slight negligence and for the remainder in the legally permitted scope also for gross negligence.
3) All defect claims against Deltacron are statute barred with the expiry of one year from delivery, unless Deltacron has granted in individual cases other (longer) limitation periods or these apply due to binding statutory regulations.
Guarantee of Retention of Title
1) All physical service or delivery objects (products/goods) remain the property (retained title) of Deltacron until all claims due to it have been met, including actual claims becoming due at a later date or conditional claims. This also applies if payments are made for specifically designated claims. In the case of continuous invoicing, the retained title acts as security against its claim for the balance.
2) Deltacron may at any time prohibit the sale and/or the combination and/or mixing of the retained title object(s) if the customer is in default with his payment obligations and/or has payment difficulties or becomes insolvent.
3) In case of mixing, processing and/or combining the retained title object(s) with other movable objects not belonging to Deltacron, it has ownership of the new object in the ratio of the invoice value of the retained title object to the invoice value of the other or new object including the expenses for processing (combination, mixing). If the invoice value of the other object is not known, its value must be calculated based on the principles of reasonableness.
4) The adaptation and processing of the retained title object takes place on behalf of Deltacron as the manufacturer . The processed object is deemed to be the retained title object within the meaning of these terms. If the contractual object is processed together with other items not belonging to Deltacron, it acquires a co-ownership of the new object in the ratio of the value of the purchased object (invoice amount including value added tax) to the other processed objects at the time of processing. For the remainder, the same applies to the object being produced through processing as for the purchased object delivered subject to a retention of title.
5) If the client is a trader who resells objects without or after processing, he is entitled to sell the retained title object during his normal course of business. He now already assigns to Deltacron his claims from the resale to the amount of the invoice value of the retained title object. The resale authorisation is subject to the validity of the assignment of claims. This applies analogous also for the case in which the retained title object is used by the Deltacron to fulfil a work contract or contract for work and materials, in particular for construction firms; here too the claim from the work contract or contract for work and materials is assigned to Deltacron in advance to the amount of the invoice value of the retained title object. The authorisation to process its object is subject to the validity of the assignment of claims.
6) The client is not entitled to transfer the retained title object to third parties as security, to pledge it or to use it for swap transactions. Nor is he permitted to assign the claims ceded to Deltacron on the basis of the extended retention of title as factoring client to a factoring bank, unless the factoring bank directly enters into the payment obligations of the consumer with Deltacron For the remainder, the assignment or sale of the claims ceded on the basis of the extended retention of title to the factoring bank requires the written approval of Deltacron
7) If debtors (third party debtors) pay the claims ceded to Deltacron on account of the extended retention of title by cheque or other payment surrogate to the client, the property or ownership to it passes to Deltacron as soon as the client has acquired it.
8) Deltacron is entitled to collect claims from resale up to a revocation to which it is entitled at any time and which may also be issued orally. Upon request, the client must inform the third party debtor of the assignment and inform it about this notification and send with this notification the necessary information and documentation for the collection of the assigned claims. Deltacron must be informed by the client without delay about any attachment or other impediment by third parties.
9) The assertion of the retention of title, in particular the recall of contractual objects, the collection of claims from third parties, does not constitute a withdrawal from the contract. In particular, Deltacron is entitled to take back the retained title object – without having to withdraw from the contract – if the buyer of the retained title object has exceeded the payment target granted to him or not settled other obligations in relation to it on time or is in default or does not meet his obligations under these terms and conditions.
10) If the client includes his claims from a resale of such materials in which Deltacron has a simple, extended or prolonged retention of title in a current account relationship, he hereby assigns the current account claim to it to the amount of the value of the retained title goods. After completed balance payment, this is replaced by the accepted balance which is considered to have been assigned up to the mount representing the original current account claim.
11) The client also assigns to Deltacron in security of its claim those claims against a third party which arise from the combination of the purchased object subject to retention of title with a land plot to the amount of the invoice value of the purchased object.