Return Policy

     (a)  Buyer shall inspect the Goods within the Inspection Period. Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as is required and approved by Seller. “Nonconforming Goods” means only that the goods shipped are different from the Goods identified in the applicable Sales Document or Purchase Order.

      (b)  Except as set forth in Section 5(c) below, in no event shall Seller be obligated to accept returns of (or issue any credit or refund for) any Goods, unless (i) such Goods constitute Nonconforming Goods and (ii) Buyer has obtained prior approval thereof from a sales representative of Seller, as evidenced by a return material authorization (RMA) number issued by Seller with respect to such specific Goods. With respect to any such returns of Goods, Seller shall have the right, in its sole discretion, to either (A) replace them with conforming Goods or (B) credit or refund the price paid for such Goods by Buyer, in each case subject to the conditions applied by Seller in its discretion. Seller shall not be obligated to accept any cancellations or modifications of orders for Goods, or any rescheduling of deliveries of Goods, requested by Buyer, and, in the event of any such acceptance by Seller, Seller reserves all rights to charge Buyer (in the form of a cancellation fee or otherwise) for recovery of Seller’s costs and losses of profit incurred by Seller as a result of any such cancellation, modification or rescheduling and/or to extend the scheduled delivery date. Any returns of Goods resulting from Buyer error, or for any reason other than those permitted by this Section 5(b) or Section 5(c) below, may be accommodated by Seller in its discretion, but may be subject to a restocking charge equal to 50% of the price of such returned Goods. In no event shall special order or custom Goods be eligible for return except upon demonstration of defects therein. Buyer acknowledges and agrees that the remedies set forth in this Section 5(b) are Buyer’s exclusive remedies for the delivery of Nonconforming Goods.

      (c)  Buyer may return any Product, excluding custom-built Products, installed parts, and parts sold other than in “NEW” condition, for any or no reason, within 90 days of Seller’s initial delivery of same to Buyer, subject to a 25% restocking fee, with Buyer paying the cost of shipping, provided that the Products were not damaged after shipment by Seller, and are returned in new, unused, and salable
condition, and further provided that Buyer both obtains an RMA for, and ships, such Products back to Seller within 90 days of Seller’s initial delivery of same to Buyer.

      (d)  Except as provided in Section 5(b) or Section 5(c) above, all sales of Goods to Buyer are made on a one-way basis, and Buyer has no right to return to Seller any Goods purchased under this Agreement (including any Purchase Order).