Delivery and Returns
Returns and Cancellations
Cancellations: Any request for order cancellation, rescheduling or modification by Buyer must be made in writing and such action must be approved in writing by an authorized agent of Seller. Such request should be made to Seller at least one (1) day from scheduled shipment date in order to be considered. In the event of cancellation, Buyer shall have no rights in partially completed goods. Seller, in its sole discretion, may accept or reject a request for order cancellation or modification and Buyer shall have no rights to cancel any firm order. Notwithstanding anything contained herein to the contrary, for non-standard products, built to Buyer’s specifications or pursuant to Seller’s design, Buyer shall have no right to cancel or reschedule the delivery of any such non-standard products.
Returns: Any request for product return by Buyer must be made in writing. Returns of products will not be accepted for any reason without prior written consent of Seller and issuance on a Return Merchandise Authorization (RMA). Once the merchandise has shipped, returns are only eligible within 7 days of the receipt of the product by the Buyer. The merchandise must be unused, and in the original shipping boxes and packaging to be eligible for a refund. The customer is responsible for return shipping fees, and any shipping fees incurred by Seller for the initial shipment to the Buyer; collect shipments will not be accepted. Free shipping only applies when the Buyer keeps the merchandise. If authorization is granted, unless the returned product is covered by the limited warranty provided herein, Buyer shall pay Seller a restocking fee equal to 20% of the current list price for standard products for each product(s) returned, in addition to shipping charges incurred to and from the customer. The RMA paperwork shall specify any additional terms and conditions upon which returns may be made. Buyer shall not return merchandise without first obtaining an RMA number as stated herein. Returns made without obtaining prior authorization shall be returned to sender at Buyer’s expense. Except as provided for in Seller’s limited warranty to Buyer, Seller, in its sole discretion, may accept or reject any request by Buyer to return product for cash or credit. Notwithstanding anything contained herein to the contrary, Buyer shall have no right to return non-standard products, built to Buyer’s specifications or pursuant to Seller’s design.
Bill Back: Prices indicated are based upon quantities ordered. If, through no fault of Seller, the total quantity ordered is not purchased during the scheduled delivery period, in addition to any other rights available to Seller (including enforcement of the original agreement to purchase) Seller may “bill back” Buyer and Buyer shall pay Seller an amount equal to the difference between the unit price for the quantities actually purchased and the unit price for the quantities originally ordered. The unit price is the price in effect on the date of the original order.
6. CANCELLATION BY SELLER
Upon the occurrence of any of the following events, Seller shall have the sole and absolute right to cancel all or any portion of the products ordered pursuant hereto, without any liability to Buyer thereof:
Buyer makes a general assignment for the benefit of creditors or admits in writing any inability to pay its debts as they mature or takes advantage of, or files under any federal, state or foreign insolvency statute or law, including, without limitation, the United States Bankruptcy Code, or consents to the institution of proceedings or the filing of any petition thereunder, or any proceeding is filed or commenced against Buyer, under any insolvency statute or law which is not stayed and dismissed promptly or any substantial part of the properties of Buyer are placed in the control of a receiver, custodian, trustee or similar official, or Buyer consents to the appointment there of.
If Seller is prohibited by any cease-and-desist order, injunction or other valid order, decree, process of law, or restraint from shipping, selling, exporting, importing, or distributing any products pursuant to the terms hereof. Seller shall have no liability on account of exercising its right to cancel hereunder.
DELIVERY AND INSPECTION OF MERCHANDISE
Upon receipt of merchandise, Buyer must inspect merchandise for damage during delivery. If damage occurred from shipping, the buyer agrees to have the delivery driver make note of damage and take photos of the damage before the delivery driver leaves. Buyer must notify seller of such damage no later than 24 hours of delivery.