Terms and Conditions of Use and Sale (U.S.)
Effective date: September 17, 2025
Owner of the Site/Services: Disentec Corporation, 12327 Northumberg Dr., El Paso, TX 79928, USA
General contact: +1 (915) 591‑1711 · admin@disentec.com
These Terms govern access to and use of our sites and services, and sales related to our four business lines: TYKMA Electrox Distribution, Extruded Aluminum Solutions, Industrial Software (IoT and process control), and Electronic Equipment Repair. By using the Site or purchasing products/services, you accept these Terms.
1) Account & eligibility
You must be of legal age and have authority to contract on behalf of your company. You are responsible for safeguarding your credentials and all activity under your account.
2) Orders, quotes, and payment
- Quotes are valid for the period stated (subject to obvious typographical errors) and may be adjusted for cost or FX changes.
- An order is accepted when we issue written confirmation. We may reject or limit quantities due to availability or compliance reasons.
- Payment terms: unless otherwise agreed, Net 30 days for approved customers; otherwise, payment in advance. Late balances accrue lawful interest and collection costs.
- Taxes and duties: buyer is responsible for taxes, fees, clearance, and any applicable duties.
3) Delivery and risk of loss
- Incoterms: default FOB Origin (or as stated in the quote). Risk passes to the carrier upon shipment.
- Delivery times are estimates; we are not liable for delays beyond our reasonable control.
4) Line‑specific terms
a) TYKMA Electrox Distribution (industrial laser)
- TYKMA products are subject to the manufacturer’s warranty and its manuals/specifications. Installation and operation must comply with laser and plant safety standards.
- Customer is responsible for providing infrastructure (power, extraction, air, guarding) and test materials.
- Training: operator training and preventive maintenance may be offered under agreement.
b) Extruded Aluminum Solutions
- Supply of profiles, cuts, and structural systems per customer drawings or per designs developed by us and approved by customer.
- Tolerances: extrusion/machining tolerances in the quote apply. Variations within tolerance do not constitute non‑conformity.
- Custom orders may be non‑cancelable/non‑returnable (NC/NR) once manufacturing starts.
c) Industrial Software (IoT & process control)
- We grant a non‑exclusive license (SaaS or on‑prem) for internal use, governed by a specific License Agreement or MSA that prevails over these Terms in case of conflict.
- Data & telemetry: customer retains ownership of its data; grants Disentec a limited license to operate, maintain, improve, and support the solution.
- SLA & support: service levels, maintenance windows, and response targets will be defined in the applicable exhibit.
d) Electronic Equipment Repair
- Diagnostic may carry a fee; if the repair is approved, it may be credited toward the total.
- Replaced parts may be retained for analysis or returned upon request.
- Repair warranty: limited to the part/service performed for the period stated in the work order. Damage due to misuse, moisture, over‑current, or other external conditions is excluded.
5) Compliance
- Safety & export: customer complies with export/re‑export laws (e.g., EAR/ITAR) and sanctions; products/technology will not be used for prohibited purposes.
- Privacy & communications: email marketing complies with CAN‑SPAM; automated SMS/calls require consent (TCPA). See our Privacy Policy.
- Accessibility: we are committed to improving the accessibility of our site and digital channels. If you need an alternative format, contact us.
6) Intellectual property
- All Site and software content (code, marks, designs, documentation) is owned by Disentec or its licensors. No implied licenses are granted.
- DMCA: we maintain a notice‑and‑takedown procedure for copyright infringements. See Privacy Policy (DMCA).
7) Site license
We grant you a limited, revocable, non‑transferable license to access the Site for legitimate business purposes consistent with these Terms. Automated scraping is prohibited except as permitted by robots.txt or authorized APIs.
8) Electronic communications & signature (E‑SIGN/UETA)
You agree to receive electronic communications (quotes, orders, notices) and consent to using electronic signatures with legal effect under applicable law. You may withdraw consent, though doing so may affect service delivery.
9) Warranties; disclaimers
Except as expressly set out in writing:
- Products/services are provided “AS IS” and “AS AVAILABLE.”
- We disclaim implied warranties of merchantability, fitness for a particular purpose, and non‑infringement, to the fullest extent permitted by law.
10) Limitation of liability
To the maximum extent permitted by law: (a) we will not be liable for lost profits, data loss, production downtime, substitution costs, or any indirect/consequential damages; and (b) our total liability for any claim will not exceed the amounts actually paid to Disentec by customer in the 12 months preceding the event giving rise to the claim.
11) Indemnification
You will indemnify and hold harmless Disentec and its affiliates from third‑party claims arising from your misuse of products/services, violation of these Terms, or breach of law.
12) Dispute resolution; governing law
- Governing law: Texas, excluding its conflict‑of‑laws rules.
- Binding arbitration: All disputes (except for IP injunctive relief or collections) will be resolved by arbitration administered by the AAA in El Paso, Texas, in English or Spanish, before a single arbitrator, with a class‑action waiver to the extent permitted by law. Each party bears its own costs unless the arbitrator decides otherwise. The award may be enforced in any court of competent jurisdiction.
- Courts: For injunctive relief or collections, the parties submit to the exclusive jurisdiction of state or federal courts in El Paso, Texas.
13) Force majeure
No party is liable for failures caused by events beyond its reasonable control (e.g., disasters, labor disputes, supplier or network failures, governmental acts).
14) Changes
We may update these Terms; the current version will be posted with its date. Material changes apply prospectively and, where appropriate, we will provide notice.
15) Miscellaneous
- Assignment: you may assign your rights only with our prior written consent; we may assign in connection with mergers or restructurings.
- Severability: if any provision is invalid, the remainder remains in effect.
- Entire agreement: these Terms (together with the quote/order and line‑specific agreements) constitute the entire agreement between the parties.
Need a Data Processing Addendum (DPA) or SaaS/MSA exhibits? Email admin@disentec.com and we will provide them.
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