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ORDERING/RETURNS

Derive Systems, Inc.

PRICING, ORDERING AND RETURNS POLICY

The following describes generally the policies and procedures that apply to your orders (“Orders”) for Derive merchandise and services placed on this Site. Additional product-specific policies, procedures, and related materials (“Product-Specific Materials”) are located at www.sctflash.com and www.bullydog.com and should be reviewed before placing any Order. By pricing, ordering, and placing an Order on this Site, you indicate that you have read and agree to this Pricing, Ordering, and Returns Policy, the Product-Specific Materials and to Derive’s Website Terms of Use.

DERIVE DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY.

THEORY. Some states do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you.

Quantities and Prices May Change

Prices and quantities for merchandise on this Site are subject to change without notice. Any changes in prices or quantity will be effective immediately and reflected on this Site, so you should refresh your browser to make sure you are viewing the most current version of our site. You should also confirm the quantity and price of each item in your Shopping Cart before placing your Order. Sales of merchandise and services are subject to the availability of such merchandise and services. Please check this Site for the current list of authorized Derive dealers to ensure that you purchase services and merchandise from a reputable source.

Order Policy Fees

Please ensure, before placing your order, that your Shopping Cart Order (and prices) have been carefully checked for accuracy. If you find an error in your shipping information, please email us as soon as possible (contactsales@derivesystems.com) to get this information corrected.

Orders placed Monday – Friday before 1:00 EST will typically ship the same day if the item is in stock and your payment has gone through.

Orders placed on Saturday or Sunday typically will not ship until the following business day.

*Federal holidays that FedEx observes and closures for our company during Holidays will delay shipments.

* While we strive to ship things same day, things can happen that are beyond our control.  Same-day shipping is not guaranteed, and NO credit or refunds on shipping will be given.

Any order being shipped outside the USA may be subject to import/customs fees and taxes that are not collected as part of the total during checkout. Therefore, there could be additional costs, such as import fees and duties, billed upon delivery or due as C.O.D.

All prices are shown in U.S. dollars ($USD). The item price is exclusive of any import duties, taxes, and shipping charges.

Changes/Cancellations of Orders

We try to fill and ship Orders for Derive merchandise as quickly as possible (usually within 24 hours). As a result, it is difficult for us to modify or cancel an Order once you place it. If you have placed an Order and you need to modify or cancel it, we will do our best to accommodate your request. Unfortunately, calling us or sending us a notice that your Order needs to be changed or canceled does not guarantee that we will be able to honor your request, as the Order may have already been processed. If you need to cancel or change an Order, please contact us via chat or email (contactsales@derivesystems.com) as soon as possible with the details of the Order, and we can then confirm if we can cancel or modify your Order. If we are not able to modify or cancel your Order, you can refuse the package at the time of delivery, but you will still be responsible for all shipping charges for that merchandise. A refund of your purchase price, less the original shipping costs, will be issued for such returned merchandise when it is returned to Derive’s Technical Support Department undamaged and unused in its original, unopened packaging.

PRICING/ORDERING/PAYMENT

Quantities and Prices May Change

Prices and quantities for merchandise on this Site are subject to change without notice. Any changes in prices or quantity will be effective immediately and reflected on this Site, so you should refresh your browser to make sure you are viewing the most current version of our site. You should also confirm the quantity and price of each item in your Shopping Cart before placing your Order. Sales of merchandise and services are subject to the availability of such merchandise and services. Please check this Site for the current list of authorized Derive dealers to ensure that you purchase services and merchandise from a reputable source.

Order Policy Fees

Please ensure, before placing your order, that your Shopping Cart Order (and prices) have been carefully checked for accuracy. If you find an error in your shipping information, please email us as soon as possible (contactsales@derivesystems.com) to get this information corrected.

Orders placed Monday – Friday before 1:00 EST will typically ship the same day if the item is in stock and your payment has gone through.

Orders placed on Saturday or Sunday typically will not ship until the following business day.

*Federal holidays that FedEx observes and closures for our company during Holidays will delay shipments.

* While we strive to ship things same day, things can happen that are beyond our control.  Same-day shipping is not guaranteed, and NO credit or refunds on shipping will be given.

Changes/Cancellations of Orders

We try to fill and ship Orders for Derive merchandise as quickly as possible (usually within 24 hours). As a result, it is difficult for us to modify or cancel an Order once you place it. If you have placed an Order and you need to modify or cancel it, we will do our best to accommodate your request. Unfortunately, calling us or sending us a notice that your Order needs to be changed or canceled does not guarantee that we will be able to honor your request, as the Order may have already been processed. If you need to cancel or change an Order, please contact us via chat or email (contactsales@derivesystems.com) as soon as possible with the details of the Order, and we can then confirm if we can cancel or modify your Order. If we are not able to modify or cancel your Order, you can refuse the package at the time of delivery, but you will still be responsible for all shipping charges for that merchandise. A refund of your purchase price, less the original shipping costs, will be issued for such returned merchandise when it is returned to Derive’s Technical Support Department undamaged and unused in its original, unopened packaging.

PAYMENT INFORMATION

ONLINE ORDERS. PAYMENT FOR ORDERS SUBMITTED THROUGH THIS SITE CAN BE MADE BY ANY MAJOR CREDIT OR DEBIT CARD. PLEASE ENSURE YOU HAVE THE APPROPRIATE FUNDS OR CREDIT AVAILABLE IN YOUR ACCOUNT BEFORE PLACING YOUR ORDER, AS YOU WILL NOT BE ABLE TO SUBMIT AN ORDER IF YOUR CREDIT/DEBIT CARD IS DECLINED.
Insufficient Funds/Closed Accounts

If we do not receive payments in good funds when they are due, or if any such payments are returned for lack of available funds, then you agree to pay all amounts owed to Derive upon our demand, along with any costs or charges assessed against us by our financial institution for such returned payment. If we are unable to collect the amounts owed by you, we may refer those accounts to a collection agency, and you will be responsible for all costs of collection.

Sales Tax

Merchandise shipped to, and services provided to residents of, states in which Derive has a physical presence, will be subject to the state tax laws of those states. For international orders, duties will be paid by the purchaser. The amount of the applicable sales tax/duties will be reflected in your Order upon checkout and added to the amount due for your Order. Please note that various state and country laws may require purchasers of merchandise or services online may still be subject to state tax/duties, and you are responsible for the payment of all such state taxes/duties even if such taxes are not reflected in your Order. Derive will not refund any sales tax or duties to you for your purchases of merchandise on this Site.

RETURNS/REPAIRS

Returns/Repairs of Merchandise

You must notify Derive of your desire to return defective merchandise within the applicable warranty period, and you must return the defective merchandise to Derive within two (2) weeks of such notice. Items must be returned in the original manufacturer’s packaging. We strongly recommend you inspect your merchandise promptly upon receipt and keep your packaging until you are satisfied that the merchandise is not defective. Once your return request is processed and is verified to meet the basic criteria below and verified to be defective and covered by Derive’s Limited Warranty for such merchandise, your replacement merchandise will be sent to you in a reasonable period of time, depending on replacement merchandise availability.

You are responsible for shipping costs for merchandise returned during and after the applicable warranty period, except in the following instances: (1) If Derive’s Technical Support Department is contacted within the applicable warranty period and subsequently issues you an RMA for a defective product, you are responsible for the shipping costs for returning the merchandise to Derive’s Technical Support Department and, once the item is repaired or replaced, Derive will be responsible for the shipping costs for shipping the merchandise to you in the same freight manner (Ground, Next Day, etc.); (2) If Derive’s Technical Support Department is contacted within the applicable warranty period and subsequently verifies that your merchandise was defective or damaged when initially shipped by Derive and covered by Derive’s Limited Warranty for such merchandise, or that there was an error on Derive’s part related to your Order, then Derive will be responsible for the ground shipping costs for your return of such merchandise to Derive, and the ground shipping of the repaired/replacement merchandise to you. For any returns after the end of the applicable warranty period, you will be responsible for all shipping costs.

The risk of loss for the merchandise being returned to Derive shall be always with you during the shipment of such merchandise. Title to the merchandise being returned will always remain with you and transfer from you to Derive, only upon receipt of the merchandise by Derive.

Returns must be received in good, unused condition to be accepted. If items are not received in a re-saleable condition, they may not be accepted or refunded. Unless due to an error on our part or if the merchandise was defective when shipped by us, the return and refund will be subject to a 25% re-stocking fee to cover the costs of packaging, labor, and credit/debit card fees we have incurred.

Incorrect or defective merchandise cannot be returned without following all the procedures set forth below. Defective merchandise that cannot be repaired by Derive can only be returned in exchange for the exact same merchandise or, at Derive’s sole discretion, the purchase price can be refunded to the original method of payment you used for the purchase. Derive will not accept returns of merchandise based on damage or shortage claims that are not noted by the delivery service and reflected on the bill of lading (or otherwise reflected in a damage report) created at the time of delivery. Replacement items will be sent to the original “ship to” address upon receipt of the original item at our Technical Support Department if the item is still in stock. Should a replacement no longer be available, you will be notified that a refund has been issued instead.

Defective merchandise must be returned to Derive in original packaging and in good condition. If you follow the procedures described below, upon the return of merchandise which Derive finds to be defective, Derive will, at no cost to you, ship a replacement. Derive may, in its sole discretion, issue you a refund instead of replacing defective merchandise in which case Derive will refund your purchase price, less the original shipping cost, less a 25% restocking fee. Please contact our Technical Support Department via chat or our support portal.

If your return of defective merchandise fails to meet the applicable criteria listed below or is otherwise not verified as being covered by Derive’s Limited Warranty for such merchandise, the merchandise will be returned to you at your cost. All requests for repair and/or return of defective merchandise must include the following at the time of return:

Return Merchandise Authorization (“RMA”) number, which is obtained by contacting our Technical Support Department, will be issued by them after verifying the problem with the merchandise cannot be remedied without returning the merchandise for repairs.

Derive will not issue an RMA without you first diagnosing the problem with our Technical Support Department. You may diagnose a problem by contacting our Technical Support Department via chat or our support portal at www.sctflash.com for SCT-branded products or www.bullydog.com for Bully Dog-branded products. Many issues with the devices can be resolved with diagnosis and repair in the field. Access to a Windows computer, your device, and your vehicle when troubleshooting.

After verifying that the problem with the device cannot be remedied without returning the merchandise for repairs, the Technical Support Department will issue you an RMA. You must keep a copy of this number for your records as well as clearly mark the RMA on the outside of the shipping box. If the RMA number is not written on the outside of the box, the shipment will be refused. Once Derive receives the device, the issue will be verified, and the device will be repaired and returned to the address specified in the RMA. Customary turnaround time is 7 to 10 business days from the date received. If multiple items are being sent for repair, please be sure to label each item indicating the problem. If service fees for a repaired device are not paid within 30 days of such repairs, the device will become the property of Derive and you will no longer have any rights to such item or any replacement thereof.

Any warranty repairs on, or warranty replacement of, defective merchandise shall extend the applicable warranty by an additional 60 days following such repairs or replacement.




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