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Policies

Privacy Policy

We do not provide your personal information to anyone at any time that is not directly related to the provision of the services/products you request or purchase. We collect two types of information from you:

  • We collect personal information from you when you register at our website or make a purchase or request another service from us. This personal information is collected explicitly – you will know you are providing it because you fill in a form that requests the information. This information is not provided, by Chipkin Automation Systems, to any other parties except those directly associated with the provision of services for our website or completion of a transaction/purchase. Thus, we may provide your information to our banker to clear a purchase or we might provide your information to a shipper. You may request, in writing, that we delete our current records of any personal information we may have.
  • We collect anonymous information too. This information is collected implicitly – you will not necessarily know we are collecting the information. This information can include your IP address, which pages you visit, which browser you are using etc. this information is collected to allow us to better serve our customers and provide management information.

Cookie Policy

Our website uses cookies. Cookies are small files that retain some information regarding your visit to our website and your selection of services or products. They are stored on your computer. If you disable cookies in your web browser some features on our site may not operate correctly. If you wish to know more about cookies and security please contact the vendor of your web browser.

Security Policy

We have made every attempt to ensure that your personal information remains private. There are three ways we do this.

  • Use of Web browsers that use Secure Socket Layer (SSL) technology,
  • Securing our computer-based information against hacking and
  • Procedures to physically protect the media your personal information may be stored on.

Terms of Use

Chipkin Automation Systems, a company registered in BC Canada is the owner of this website. These terms and conditions may be changed by Chipkin Automation Systems from time to time. The current terms and conditions are posted on the website. They were last updated 31 Jan 2005:

Chipkin Automation Systems may change its privacy policy but we will be bound by the privacy policy that was in place when you provided your personal information.

The content of this site is the property of Chipkin Automation Systems – this includes logos, look and feel, code, images, design, text and all other components except where ownership by another party is explicitly stated. If you use our property without our permission you will be violating the rights of Chipkin Automation Systems.

Use of this site is restricted to personal non-commercial use. This means that you may use this site for personal reasons to obtain a service, product or information. You may not use the site for commercial purposes such as competing against Chipkin Automation Systems, to analyze how Chipkin Automation Systems manages/provides services and products or any other purpose contrary to the interests of Chipkin Automation Systems.

Links to other websites do not imply any endorsement by Chipkin Automation Systems. Chipkin Automation Systems will not provide any redress for any loss/harm you suffer from following one these links.

If you provide Chipkin Automation Systems with suggestions or recommendations then these become the property of Chipkin Automation Systems, except when you have an exemption in writing.

You use this website at your own risk. We do not warranty that the site is without defect – Chipkin Automation Systems provides the site ‘as-is’. 

LIMITATION OF LIABILITY

The liability of Chipkin Automation Systems, its agents, directors, officers, subcontractors, suppliers, for all claims, actions, judgments, expenses related to or resulting from any loss or damage arising out of performance or non-performance of obligations in connection with the use of this website, the use of services, information and/or products obtained through the use of this website or directly from Chipkin Automation Systems or its agents shall in no case exceed Chipkin Automation Systems’s net unit price Ex-Works of such services, information and/or products or part thereof involved in a claim. In no event shall Chipkin Automation Systems be liable for loss of profit and for any indirect, special, incidental or consequential damages of any nature or kind including but not limited to delays, loss of revenue, loss of use, loss of data, loss of production, costs of capital or costs of replacement power, even if Chipkin Automation Systems has been advised of the possibility of such damages.

The laws of the Province of British Columbia, Canada shall apply to the interpretation of this privacy policy and these terms and conditions as well as any transaction using this website, notwithstanding any conflict of law provisions. All proceedings relating to this website, this privacy policy, and these terms and conditions or any transaction, including the sale of any products using this website, shall be brought before the courts of the Province of British Columbia.

Conditions of Sale

The following Terms and Conditions apply to all orders.

ABBREVIATIONS

Chipkin Automation Systems Inc. (Chipkin)

TERMS AND CONDITIONS

The following Terms and Conditions apply to all orders except when we extend these terms and conditions for a specific product or service. Any additional, different, or conflicting terms and conditions on any such document issued by the buyer at any time are hereby objected to by the seller, and any such document shall be wholly inapplicable to any sale made hereunder and shall not be binding in any way on the seller. When you place an order for products or services you are indicating to Chipkin that you have accepted these (and other applicable) terms and conditions of sale.

TRANSFER OF OWNERSHIP

If you purchase a FieldServer product from us then title transfers to you FCA (INCOTERM 2000) the FieldServer factory, Milpitas, California. If we have proof of delivery to the delivery agent that we/you select for shipping then the goods are considered to have been delivered to you. Our only additional obligation to you, with respect to the transfer of ownership, is to provide you with shipping information and a tracking number. This is the case, even if the FieldServer product is initially delivered to Chipkin’s office for the installation of a configuration file, onward shipping or for any other reason and even if you are not advised in advance of this fact. If, after you have taken ownership of the product, you require us to handle your product in any way for any reason such as the return of the item to the factory for repair, then you understand that you are still responsible for the product and you indemnify Chipkin from any claim that may arise from the loss or damage to the product.

TAXES AND DUTIES

You are responsible for the payment of all taxes and duties that arise from the sale of the product/service to you. These include but are not limited to sales taxes and customs duties and handling fees. It is your responsibility to inform Chipkin of any taxes or duties or associated handling fees that may be due in your jurisdiction. Thus, even if Chipkin has not charged you a tax or duty due in your jurisdiction this does not mean that you are not liable for its payment even if you have already been invoiced and have paid the invoice.

PAYMENT

Payment for equipment is due in full within 30 days of the transfer of ownership. If you have purchased configuration or other services then payment for these is due in full within 30 days of their delivery to you. Payments may be made by cheque, cash in Canadian currency or Paypal. In full, means the full amount of the invoice submitted to you and shall include the cost of the products and services and well as any duties and taxes that Chipkin are aware of.

RISK, INDEMNITY, LIABILITY AND LIMITATION OF LOSS

Chipkin makes no claim about the value, effectiveness or safety of our products or services. Chipkin shall not be liable for and shall be held harmless by Purchaser from any damage, losses or claims of whatever kind, contractual or delictual, consequential or incidental, direct or indirect, arising out of, in connection with or resulting from the sale governed hereby or the goods, including, but without limitation, the manufacture, repair, handling, installation, possession, use, operation or dismantling of the goods and any and all claims, actions, suits, and proceedings which may be instituted in respect to the foregoing. The Purchaser takes risks when they purchase products or services from Chipkin. The Purchases is solely responsible for determining the applicability and suitability of the product or service to their needs even if they inform Chipkin of what their needs are and ask Chipkin to provide advice.

Where Chipkin sells products, the liability of the Chipkin, its agents, directors, officers, subcontractors, suppliers, for all claims, actions, judgments, expenses related to or resulting from any loss or damage arising out of performance or non-performance of obligations in connection with the design, manufacture, sale, delivery, storage, of the products shall in no case exceed Chipkin’s net unit price Ex Works of such Equipment or part thereof involved in a claim and where permitted by law all claims are rejected.

Where Chipkin sells services, the liability of the Chipkin, its agents, directors, officers, employees, subcontractors, suppliers for all claims, actions, judgment, expenses related to or resulting from any loss or damage arising out of performance or non-performance of Services, shall in no case exceed in the aggregate the amount paid by the you, the purchaser, to Chipkin for the services performed under the sales. In no event shall Chipkin be liable for loss of profit and for any indirect, special, incidental or consequential damages of any nature or kind including but not limited to delays, loss of revenue, loss of use, loss of data, loss of production, costs of capital or costs of replacement power, even if Chipkin has been advised of the possibility of such damages.

The following examples illustrate some the risks you take when you purchase products or services from Chipkin. You actual risks might not be described below. Take care to assess the risks of your particular situation.

You purchase a FieldServer to connect two foreign systems together. When you install the equipment you learn that the product cannot transfer the data you are interested in because of a limitation of the FieldServer product. Even if this limitation was not drawn to your attention in advance, you are responsible for the equipment, its use and for payment.

You purchase a FieldServer product and configuration service. As a consequence of an error in the configuration, an alarm is not transferred from one device to another and a consequence of this is that people are hurt and damage is done to a facility and production is lost. You are fully responsible for a number of reasons, two of which are 1) you agreed to our limitation of liability and 2) you had a chance to review the selection of equipment and the configuration as well as a chance to fully test the installed equipment and configuration before allowing it to operate.

You purchase design or development services from Chipkin and they are delivered to you with errors and there are consequences to the errors that cause loss, damage and injury. You are fully responsible. If you have any reasons to suspect that the products or services we delivered may expose you to risk, then you must mitigate that risk and review the product/service to ensure that you identify and prevent risks before loss, damage and injury occur.

You purchase services from Chipkin to assist you in starting up, installing or commissioning a system or sub-system. You are responsible for any loss, damage or injury that results from the execution of those services even if they involved negligence or errors by Chipkin. Examples of this could include but are not limited to; an agent of Chipkin causes a power failure, an agent of Chipkin connects equipment incorrectly causing damage, and agent of Chipkin fails to complete as assigned instruction from the customer, an agent of Chipkin suggests the use of a particular component and the use of that component causes damage.

Chipkin makes no claim about how secure the Ethernet connections used by its products and the products it sells are. In many cases, it is not possible to secure the connections because of the nature of the protocol. If you require specific confirmation about a specific communication connection vulnerability then you should ask Chipkin to provide you one, in writing, for a specific purchase or project. Only assertions about communication connection vulnerability made in writing, by Chipkin, for a specific purchase or project are valid. All other assertions about communication connection vulnerability, even in product documentation or the website, may not be valid and Chipkin does not stand by them. They might not be valid because of changes in technology and vulnerability after the product was designed and made

CANCELLATION AND RETURNS

Once you have ordered products or services you cannot cancel or change the order unless you compensate Chipkin for any costs they may incur in canceling or changing the order as well as compensating Chipkin for the cost of providing the services started or completed. For FieldServer and S4 products, this cost is 35% of the product’s retail price as long as the products have no physical Damaged. Damaged goods are non-refundable. For services such as, but not limited to, configuration and development work, you will be responsible for the payment of all fees for work purchased. Services are non-refundable. Often considerable effort goes to initiating a task and thus it is possible for example, that a task appears to be 50% complete even though 80% of the effort has been expended. Returning an item is deemed to be a cancellation.

No goods may be returned to Chipkin without Chipkin’s prior written permission. Chipkin reserves the right to decline all returns or to accept them subject to a handling/restocking charge. Even after Chipkin has authorized the return of goods for credit, Chipkin reserves the right to adjust the amount of any credit given to Purchaser on the return of the goods based on the conditions of the goods on arrival in Chipkin’s warehouse. Credit for returned goods will be issued to Purchaser only where such goods are returned by Purchaser and not by any subsequent owner of the goods.

WARRANTY

If you purchase a FieldServer product from us then title transfers to you FCA (INCOTERM 2000) the FieldServer factory, Milpitas, California. If we have proof of delivery to the delivery agent that we/you select for shipping then the goods are considered to have been delivered to you. Our only additional obligation to you, with respect to the transfer of ownership, is to provide you with shipping information and a tracking number. This is the case, even if the FieldServer product is initially delivered to Chipkin’s office for the installation of a configuration file, onward shipping or for any other reason and even if you are not advised in advance of this fact. If, after you have taken ownership of the product, you require us to handle your product in any way for any reason such as the return of the item to the factory for repair, then you understand that you are still responsible for the product and you indemnify Chipkin from any claim that may arise from the loss or damage to the product.

Goods manufactured by Chipkin and sold hereunder are covered by a warranty against defects in material and workmanship provided the goods and services are subjected to normal use and service. The applicable warranty period is twelve (12) months from the date of invoice or any other warranty period otherwise stipulated in writing by Chipkin under this sale.

For components not manufactured by Chipkin and sold hereunder are not covered by Chipkin against manufacturer defects in material and workmanship. Manufacturer defects and bugs in the source code be held under the original manufacturer’s warranty to the extent assignable to Chipkin. The obligation under this warranty is limited to the repair or replacement, at Chipkin’s option, of defective parts f.o.b. point of shipment provided that prompt notice of any defect is given by Purchaser to Chipkin in writing within the applicable warranty period and that upon the Purchaser’s return of the defective parts to Chipkin or, if designated by Chipkin, to the location where the works are made, properly packed and with transportation charges prepaid by Purchaser, an inspection thereof shall reveal to Chipkin’s satisfaction that Purchaser’s claim is valid under the terms of this warranty.

Support provided by Chipkin shall last for a period of 12 months from the moment support is initiated. After 12 months, further support will be subject to Chipkin considerations whether to continue providing support at no charge. Purchaser shall assume all responsibility and expense for dismantling, removal, re-installation and freight in connection with the foregoing. The same obligations and conditions extend to replacement parts furnished by Chipkin hereunder. Chipkin does not assume liability for installation, labour or consequential damages. Chipkin makes no warranty other than the one set forth herein. All other warranties, legal, expressed or implied, including but not limited to any expressed or implied warranty of merchantability, of fitness for the intended use thereof or against infringement are hereby expressly excluded.

The applicable warranty ceases to be effective if the goods are altered or repaired other than by persons authorized or approved by Chipkin to perform such work. Repairs or replacement deliveries do not interrupt or prolong the term of the warranty. The warranty ceases to be effective if Purchaser fails to operate and use the goods sold hereunder in a safe and reasonable manner and in accordance with any written instructions from the manufacturers.

JURISDICTION

The laws of the Province of British Columbia, Canada shall apply to the interpretation of this agreement and any supplementary terms and conditions as well as to the use of Chipkin products, services, and websites.

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