Terms and Conditions

Terms and Conditions

I. LIMITED PRODUCT WARRANTY AND LIMITED PRODUCT LIABILITY

VII.. APPLICATION OF TERMS AND CONDITIONS

The following terms and conditions apply to purchases from Nippon Seiki Co.,Ltd.

The terms "you", "your", and "yours" refer to customers purchasing Nippon Seiki Co., Ltd.'s products. The terms "we", "us", and "our" refer to Nippon Seiki Co.,Ltd.

I. LIMITED PRODUCT WARRANTY AND LIMITED PRODUCT LIABILITY

1. Limited Warranty

a.	Our sole obligation to you after the sale of a product is to replace, without charge, the product or any component thereof discovered to be defective within a period of one (1) year from the purchasing date (the "Warranty Period"). You accept sole responsibility for the proper assembly, operation and regular maintenance of the product. This limited warranty is void if any product is damaged by accident, misuse, improper installation, or abuse, including tampering or damage in transit. Further, this limited warranty is void if you sell or otherwise transfer a product to a third party, regardless of whether the transfer takes place within the Warranty Period.
b.	Our liability to you resulting from the sale of any product, including liability for any latent defects found within the Warranty Period, shall not exceed the total purchase price paid for the product by you.
c.	YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING THE CONDITION OF THE PRODUCT OR ANY COMPONENT PARTS THEREOF, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, AND YOU ACCEPT IT, "AS IS", "WHERE IS", AND "WITH ALL FAILED".
d.	You also understand that we are not granting any express warranties, other than those stated herein. These include only those warranties enumerated in paragraph II.1.a. There are no other express warranties granted anywhere in these terms and conditions of sale, and you understand and agree to this fact as part of the bargained for exchange of this sale. Nowhere else, except as stated in this paragraph, in this contract is there intended, by either party, for there to be any express warranties granted to you.
e.	EXCEPT AS OTHERWISE PROVIDED HEREIN, WE SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER IN CONTRACT OR IN TORT ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF ANY PRODUCT OR ANY COMPONENT PART THEREOF OR ITS USE BY YOU, AND WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PRODUCT.
f.	The warranty on this product is void if the product is modified, changed, adjusted or damaged. This product is to be used only in the means for which it is designed and marketed for, any deviations from them will void the warranty and will excuse any possible liability of ours, and it is not foreseeable for you to unreasonably use this product in any way other than that which it was intended for.
g.	You accept sole responsibility for the proper assembly, operation and regular maintenance of the product. This limited warranty is void if the product is damaged, changed, altered, or modified by accident, misuse, improper installation, or abuse, including tampering or damage in transit or while in use.
	YOU HAVE MADE AN INDEPENDENT INVESTIGATION OF THE PURCHASED COMPONENTS AND HAVE RELIED SOLELY ON YOUR OWN INVESTIGATION, BARGAINING AND JUDGMENT IN REFERENCE THERETO. YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON OUR SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE. IN PURCHASING OUR PRODUCTS, YOU HAVE NOT RELIED OR ACTED UPON ANY REPRESENTATIONS OR WARRANTIES ON OUR PART NOT SPECIFICALLY SET FORTH HEREIN.
h.	This limited warranty gives you specific legal rights. You may also have other rights which vary from state to state. Some states do not enforce contractual limitations on how long an implied warranty lasts, when an action may be brought, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

2. Unintended Uses

You understand and agree to not use, operate, install, manipulate or tamper with the product in any way which is not intended by us. Our only intention for use of our products is to monitor legal operation of motor vehicles. Any other use, or any use for illegal activities is strictly prohibited, and will void your limited warranty.

Also, you agree to not hold us liable in the event that you use our product for any unintended purpose(s).

3. Inherent Risks

You understand and agree that there are unavoidable hazards associated with this product, and you knowingly use it and bear the risk of injury, knowing that you are participating in an inherently dangerous activity, which can not be "designed out" without materially altering the nature of the product.

You also understand and acknowledge that driving a motor vehicle is a dangerous activity, that adding a gauge, which can act as a distraction, may compound the inherent danger of the activity, and this is an unavoidable hazard of the product, to which you consent and to which you agree to bear the risk, despite your knowledge of its inherently dangerous nature.

You also agree not to hold us liable for your acquiescence in this inherently dangerous activity and you agree to bear the costs of any future litigation due to your acquiescence in this known inherently dangerous activity.

You also agree not to use this product in any dangerous or illegal manners, such as, but not limited to racing or speeding, or any other dangerous or illegal activities. Any racing is discouraged due to its inherently dangerous nature, but if done, should be done on enclosed tracks and only under supervision of trained personnel. As part of your "bargained for exchange," you waive all rights to hold us liable for any injuries or damages resulting from any such dangerous or illegal activity and you agree that your warranty is void if you engage in such dangerous or illegal activity, for you bear the risks inherent in such activity which is inherently dangerous.

4. Assumption of Risk

You understand and agree that if you modify, change, alter, adjust, or damage the product, then you bear the risks involved in using a product which is not sanctioned by us, and you assume all liability personally, for any problems, uncertainties, malfunctions or errors in connection with the product. You expressly KNOWINGLY and VOLUNTARILY assume this risk, and relieve us of any duty of care to you.

You understand and agree that your use, operation, performance and utilization of this product may impair your ability to operate your vehicle safely. In using, operating and utilizing this product, you assume the risks inherent in lowering your competence in operating your vehicle, and you assume the risk of any damage or liabilities that result therefrom. You also agree that these are risks which you KNOWINGLY and VOLUNTARILY assume.

You understand and agree that use of the product may involve certain inherent dangers. You accept these dangers and the risks they pose, and bear any risks that may be affiliated with the product, and with the risks of operating a motor vehicle, and do not hold us responsible for these risks which you KNOWINGLY and VOLUNTARILY take.

5. Reliance

You understand and agree not to rely on the performance of the product in the operation, use, movement or manipulation of a vehicle or other piece of machinery and will act reasonably and release us from liability if any further damage occurs before, during or after the time of operation, use, movement or manipulation. Any further damage relating to the operation, use, movement or manipulation of machinery with our product on it is not foreseeable if reasonable precautions are taken to avoid compound damages.

6. Indemnity and Release

a.	You understand and agree that many factors beyond our control affect the operational safety of the product, including but not to limited to the installation of the product according to the instructions provided with the product.
b.	You also understand and agree that the installation of the product may involve the use of tools, equipment and construction methods which may present safety hazards which are beyond our control. You also understand and agree that the use of some of our products may create hazards and lower your ability to control your vehicle.
c.	You agree, as part of the bargained for exchange, to protect, indemnify, save harmless and release us, our authorized agents, employees, officers, directors and shareholders from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses, imposed upon or incurred by or asserted against us or any assignee of ours by you or any third party by reason of the occurrence or existence (or alleged occurrence or existence) of any use, installation, assembly, possession or operation of the product, any loss, damage or destruction of the product as of and after delivery (a "casualty occurrence"), and any other act or event relating to or caused by the product, including but not limited to, consequential or special damages of any kind, or any failure on your part to perform or comply with any of the terms and conditions hereof, or any and all liability for property loss or damage, or any and all damage resulting from death or personal injuries, including loss of services, which any person may sustain on account of, arising out of, or in connection with any use, maintenance, possession or operation of the product. In the event that any action, suit or proceeding is brought against us or any of our authorized agents, employees, officers, directors or shareholders by reason of any such occurrence, you will, upon our request and at your expense, resist and defend such action, suit or proceeding or cause the same to be resisted and defended by counsel designated and approved by us.

7. Modification Strictly Prohibited

You understand and agree that any modification whatsoever, of the product, is strictly prohibited. You also agree not to modify the product in any manner regardless of whether such modification is material or immaterial. You also acknowledge that any modification of the product will void your limited warranty and bar you from any recovery or any remedy in a court of law or equity. Modification is strictly forbidden unless expressly authorized by our prior written approval.

You agree not to make any modifications to the product and agree not to use any parts, components, or accessories in connection with the installation and use of the product that are not authorized and approved by us.

II. RETURN POLICY

All sales of our products are final subject to the terms of our exchange policy set forth below and our limited warranty described above.

We agree to repair or replace any products that are subject to our limited warranty. Alternatively, at your option and upon the return of any defective product, we will refund to you :(i) all costs of handling and insurance, and (ii) all costs of the original order.

To the extent products are returned within Warranty Period and are subject to such limited warranty, we will be responsible for all shipping and handling fees, as well as any custom duties associated with the return of the product.

If you pay for shipping and handling, taxes and/or customs duties upon the return of any product subject to limited warranty within the Warranty Period, we will refund such costs and expenses to you if you include a receipt or other documentary evidence of such costs and expenses with the return of the defective product.

Upon shipment of a replacement product to you, we will be responsible for shipping and handling fees ; however, you will be responsible for all custom duties assessed in connection with the delivery of the replacement product.

If the limited warranty is not applicable, we will examine any returned products. If practical, we will repair any damaged products for a service fee, subject to your approval of the amount of such fee.

You will be responsible for all fees incurred in connection with the repair of any product not subject to the limited warranty, including without limitation, repair charges, shipping, handling, custom duties and insurance.

Within days of the original purchase, a product may also be exchanged for another product, provided that you notify us of your desire to exchange the product by e-mailing us at

prior to returning the original product and receive an authorization code. You will be responsible for all fees incurred in connection with the exchange of any product, including without limitation, handling, custom duties and insurance. If the price of the exchanged product is less than the returned product,
the difference in the product price will be refunded to you. Conversely, if the price of the exchanged product is greater than the returned product, you will be responsible for the difference in product price.

III. COPYRIGHT AND USAGE RESTRICTIONS

The content of this web site is owned by or licensed to Nippon Seiki Co.,Ltd. and is subject to copyrights of Nippon Seiki Co.,Ltd. All contents of this website include designs, graphics, illustration, documents, etc. are protected by applicable copyright laws, regulations, and international treaty. The content of this web site may not be copied, distributed or transmitted in any way.

However, only distributors and retailers of Defi products are authorized to use of materials on this website under terms and conditions of usage of contents on Defi website.

IV. TRADEMARK NOTICE

The following product names are registered trademarks of Nippon Seiki Co.,Ltd.: Defi, Defi-Link and VSD.

V. ON-LINE POLICIES

1. Submissions to Our Website

Any and all information, including without limitation communications, graphics, ideas, remarks and suggestions, submitted to us through this web site is our exclusive property. We may use any such information for any purpose without limitation or restriction and without compensating the person making the submission. You accept full responsibility for the accuracy, originality, appropriateness and legality of any information submitted by you to us.

2. Restrictions on Liability

We provide our web site and its contents on as "AS IS" basis and without warranties of any kind regarding our products, whether express or implied, to the fullest extent permissible under applicable laws.

Although our web site has been checked for accuracy, we are not responsible for any errors or omissions in the content of our web site. Further, we are not responsible for any technical failures of any kind, including without limitation hardware, software and network failures as well as incomplete or delayed computer transmissions.

We are not liable under any circumstance for any damages or injuries which may result from the use of materials on our web site.

3. Content Applicability

Our web site is operated in Japan and the information contained on this web site is limited to products available in Japan. We make no representation that the content of this web site is appropriate for use in other locations.

4. Linking and Framing

You may not hyperlink, or make any reference to this Web site (including all web pages under its domain), or represent any affiliation with us nor our website without our express prior written consent. Similarly, you may not "frame" our site nor use any portions of it without our express prior written consent. You understand and agree that our site, including, but not limited to all trademarks, content and product descriptions embodied therein, is our exclusive property and it is on the World Wide Web solely as an informational tool, and in some instances as a channel for commerce. To apply for consent to "link to"or "frame" our site, please email us:

5. Privacy Policy

Importance of Privacy. We recognize the importance of protecting your privacy when you use the subscriber services and restricted areas within our Web site. We maintain a strict customer information privacy policy and utilize advanced technology to safeguard customer information from unauthorized intrusions. To protect your privacy, we follow five principles in accordance with worldwide practices for privacy and customer data protection.

5-1. NOTICE of the ways your information will be used

Personal Identifying Information. We refer to this information in the paragraph above as your "personal information". We will not sell, rent, swap or otherwise disclose your "personal information" to any third party without your consent, except to the extent necessary to comply with applicable laws, police investigations, legal proceedings, or in other reasonable ways where such information is relevant. We intend to fully cooperate with law enforcement agencies in identifying those that use our services for illegal activities. Also, we reserve the right to report to law enforcement agencies any activities, which we believe to be illegal, or in any way unlawful, for investigation.

When we use other agents, contractors or companies to perform services on our behalf, we require them to agree to safeguard "personal information" in strict compliance with our privacy policy, but this privacy policy only applies to our Web site, and we are not responsible nor are we making any representations as to the privacy policies or content of our affiliates or any other site on the Internet, and their information collecting is not governed by this policy.

Non-Personal Identifying Information. There may also be locations on our Web site for you to provide additional information such as gender, age, areas of interest and preferences. This is "non-personal information" since it can not be specifically linked back to you.

Such additional information allows us to better target our products and services to your interests and preferences. We also use a small file stored on your computer called a "cookie" to track new visitors to our site and to collect non-personal identifying information automatically. You should be advised that when volunteering "personal information," you are consenting to its use, and it may be matched up with your "cookie" file to track personal preferences.

In this way we can recognize past customers and tailor our Web site to reflect each customer's historical preferences. You can exercise control over and turn off "cookies" by reviewing the user documentation accompanying your browser to learn more about such functions.

We reserve the right to disclose to third parties general information about customer usage, such as a customer's operating system, browser, domain name, IP address, accessed Web pages and customer preferences, provided that such information will only be disclosed in the form of aggregate data that does not identify any individual customer unless necessary to comply with legal authorities or other reasonable uses.

5-2. CONSENT to use of data

By using our site, you are consenting to the collection of non-personal information about your use of our Web site. If you do not volunteer any personal information, we will not collect it and will not know any of your personal data. If you choose not to register or provide any personal information, you can still use most of our Web site.

If you do decide to volunteer your personal information, it constitutes your consent for us to use the data, and we will collect it to enhance your experience on our Web site.

Special offers and Promotional Contract. Unless you indicate otherwise, we reserve the right to use any "personal information" and additional information voluntarily provided by you to send you information about us, our Web site, our products and services as well as for marketing research and other promotional purposes, which may include sharing it with our affiliated companies and business partners.

If you do not wish to receive any special offers or direct marketing communications from us, you may select the "opt out" option during the registration process or at any time following registration.

By corresponding with us by e-mail, you consent to having our correspondence with you shared. It is not subject to the other provisions of this privacy policy due to the nature of the e-mail medium. This is to ensure that you receive the best quality customer service from us, and we can be most responsive to your needs through whatever steps that need to be taken.

5-3. ACCESS to data collected about oneself

You may modify, correct, change or update your "personal information" that we maintain or request that we delete your "personal information" at any time by sending an e-mail to . Once we have processed your request, your "personal information" will be modified or deleted, as the case may be, from our database within a commercially reasonable amount of time.

5-4. SECURITY and accuracy of collected data

Security in Transmission. We maintain a secure area on our Web site for the transmission of some "personal information", through the implementation of certain security technology, and we store all "personal information" in a private database.

We will continue to enhance our security procedures as new technology becomes available. Although we will use all reasonable efforts to safeguard the confidentiality of your "personal information", transmissions by means of the Internet can not be made absolutely secure, and you understand that there is no expectation of an absolute right of privacy when transferring information over the Internet.

Accordingly, we will have no liability for disclosure of your "personal information" due to errors in transmission or unauthorized acts of third parties.

5-5. ENFORCEMENT mechanisms to ensure compliance

If for some reason you feel that we have not observed these principles, please inform us by e-mail at: , and we will do our best to ensure that the problem is solved quickly and efficiently.

Privacy of Children

We have no intention of collecting personally identifiable information from children and recognize that children may not be able to make informed choices about personal information requested on-line. If a child wants to log in or register at this site, we prefer that a parent or guardian do so instead of the child, or at least give their child consent, so as to have the parent or guardianfs consent before we collect any non-personal identifying or personal identifying information from them.

We encourage parents to take an active role to protect the privacy of their children and support technologies designed to do the same. Children should seek the consent of their parents or guardians prior to providing any personal information or information relating to their household by means of the Internet. Also, any parent or guardian can modify, correct, change, update or delete the "personal information" given by the child by using the procedures outlined in part 3 of this privacy policy.

Amendments to Privacy Policy

We reserve the right to amend our privacy policy at any time. Any amendments will be effective upon posting to our Web site.

VI. TRUTH IN ADVERTISING

We have reviewed our Web site, and believe that we comply with all the Federal Trade Commission's policies of truth in advertising, including sections 5 and 12 of the Federal Trade Commission Act and 15 U.S.C. Section 45. All representations made on this Web site are believed to be true to the best of our knowledge. If you feel that there are any inconsistencies, please contact us to advise us of such.

VII. APPLICATION OF TERMS AND CONDITIONS

These terms and conditions are governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. In the event any part of these terms and conditions is deemed to be invalid or unenforceable, the same will be deemed severable from the remainder of these terms and conditions and shall not affect the validity or enforceability of the remaining parts.