1. GENERAL STATEMENT OF PRODUCT RETURN RIGHTS AND LIMITATIONS
Finger Lakes Mercantile LLC ("FLM") and its subsidiaries provide a return program on Products, not including personalized laser engraved Products, that have been purchased from FLM subject to the terms and conditions set forth below. As used herein, the term "Buyer" shall mean the person or entity described on the face of the applicable FLM invoice and the term "Product" shall mean the products described on the face of such invoice.
The return rights described herein do not extend beyond the original Buyer of Products from FLM and FLM shall have no obligation to Buyer with respect to providing any return rights on Products unless the Buyer is current on its account with FLM and FLM as received full payment from Buyer for the Products that are being returned.
THE RETURN RIGHTS GRANTED BY FLM HEREIN APPLY ONLY TO PRODUCTS THAT MEET THE REQUIREMENTS FOR APPROVAL SET FORTH BELOW. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, FLM RESERVES THE RIGHT NOT TO APPROVE THE RETURN OF PRODUCTS THAT ARE NO LONGER IN PRODUCTION OR ARE BEING PRODUCED BY A MANUFACTURER THAT (I) IS INSOLVENT, OR (II) HAS DECLARED BANKRUPTCY.
Notwithstanding anything herein to the contrary, FLM reserves the right, in its sole discretion, to refuse returns of Products rendered defective, in whole or in part, by causes external to the Products, including, but not limited to, catastrophe, power failure or transients, overvoltage on interface, external extremes, alterations or modifications, abuse, improper use, maintenance or application of the Products or the use of unauthorized parts or attachments in connection with the Products. Removal of any serial number or warranty labels will also void any obligations of FLM with respect to a Product.
All orders that require configuration or assembly of Products to meet customer specifications ("Special Order Products") are concancelable and may not be returned to FLM and Buyer is responsible for the full payment of the order for such Special Order Products once a purchase order has been sent to FLM. Additional categories of Products not eligible for returns to FLM include end-of-life Products.
If Buyer chooses to receive credit in lieu of a refund with respect to Products returned, any credit issued to Buyer by FLM as provided herein can only be used toward future purchases of Products from FLM. Once credit is issued to Buyer, it cannot be exchanged for a fiat refund. Credits will not be mailed and will only be posted to Buyer's account balance.
FLM DOES NOT AUTHORIZE ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR CHANGE THESE POLICIES AND PROCEDURES, NOR TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY CONCERNING THE PRODUCTS.
2. GENERAL REQUIREMENTS FOR RETURN APPROVAL
A. Buyer must obtain a valid Return Approval number from FLM for all Product returns. RAs will be issued, at FLM's sole discretion, only in accordance with these terms and conditions. In order for an RA to be valid, it must be issued in writing by an authorized representative of FLM.
B. Any request for issuance of an RA must be made within the time periods specified herein for the specific categories of returns.
C. RAs are valid for fourteen (14) calendar days from the date of issuance. Buyer must allow for in-transit time for Products to be returned to FLM, as FLM must physically receive Products within such fourteen (14) calendar day period.
D. RAs will only be issued for authorized returns under one of the following categories: (i) defective product; (ii) stock balancing; (iii) billing or shipping discrepancies; or (iv) damaged Product. FLM will refuse delivery of any boxes that do not have a valid, clearly visible RA number as noted above or which do not comply with any other requirements imposed by FLM with respect to shipment of authorized returns.
E. All original packaging, components, accessories, software and manuals must be included with returned Products and Products returned incomplete may be assessed a charge for the missing items or returned to Buyer at its expense.
3. DEFECTIVE PRODUCT RETURNS
A. Defective Product returns are only for Products purchased from FLM that are inoperable at the time they are received by Buyer ("Dead on Arrival Products") or that do not function in accordance with the specifications published by the manufacturer of the Products.
B. Buyer may request an RA for the return of defective Products within one (1) year of the invoice date.
C. Upon verification that the returned Product is defective, Buyer may request FLM to either (i) ship Buyer a replacement Product, or (ii) provide Buyer a credit or refund equal to the residual value deemed by the manufacturer of the Product less any applicable charges or fees. With respect to returned DOA Products, FLM will, upon request of Buyer and subject to availability of the Product, make reasonable efforts to work with the manufacturer for a replacement Product to be shipped to Buyer in accordance with manufacturer policies. FLM assumes no responsibility for the defective Products return policy of any manufacturer and shall have no liability to Buyer (or Buyer's customer in the event that FLM ships Products directly to such customer at the request of the Buyer) with respect thereto.
4. STOCK BALANCE RETURNS
A. FLM will accept stock balance returns only for Products purchased from FLM in accordance with the terms and conditions set forth herein. All Products returned for stock balancing must be in the manufacturer's original packaging, unopened (i.e. factory sealed), complete, unused and in condition suitable for resale as new including, but not limited to, without price tags, markings, stickers or other attachments or additional shrink wrapping, clean, undamaged and complete, and must be returned with all original components, accessories, software, manuals and registration cards ("Stock Balance Condition"). Stock balance return rights described herein are not available for Special Order Products.
B. Stock balance returns must be received by FLM within fourteen (14) calendar days of RA following the procedures described above. Upon verification that the returned Product is in Stock Balance Condition (and has been returned in a timely fashion), FLM will issue either a credit or refund per the Buyer's request equal to the current replacement value less any applicable charges or fees; provided, however, that with respect to any Product in Stock Balance Condition returned more than fourteen (14) calendar days after RA has been issued FLM reserves the right to assess a restocking fee of up to fifteen percent (15%).
C. Buyer shall pay all costs and bear all risks of loss when shipping Products to FLM for stock balance returns.
5. DAMAGED PRODUCTS RETURNS
Damaged Product returns are only for Products purchased from FLM that are damaged in transit from FLM to Buyer, manufacturer to Buyer, or from FLM to Buyer's customer in the event that FLM ships Product directly to such customer at the request of the Buyer. If a Product is delivered in damaged condition, Buyer or Buyer's customer must notify FLM and request an RA within five (5) business days of receipt of such Product. Failure to notify FLM and request an RA within such time shall be deemed an acceptance of the Product as of the date of shipment. When notifying FLM to request an RA for a Damaged Product, Buyer or Buyer's customer should be prepared to provide FLM with information regarding the condition of the Product, a contact name and phone number, and the address where the package containing the Product is located as well as pictures of the damage.
6. DISCLAIMER OF WARRANTY/LIMITED LIABILITY
Although these policies and procedures may permit Buyer (or Buyer's customer in the event that FLM ships Products directly to such customer at the request of the Buyer) to return Products claimed to be defective under certain circumstances, FLM makes no representations of any kind with respect to the Products. Warranty service provided by FLM to Buyer on all product sold through FLM is a courtesy service and extension of the warranty provided by the manufacturer at no cost to the Buyer and are subject to the terms and conditions set forth in our warranty policy. FLM disclaims all other warranties and conditions as more fully described on any Terms and Conditions listed on documentation not provided by FLM directly.
7. APPLICABILITY OF TERMS AND CONDITIONS
Product return information provided herein does not replace any Terms and Conditions listed on documentation provided by the manufacturer for the Products, which Terms and Conditions are subject to change without prior written notice at any time, in the sole discretion of FLM. Those provisions of the Terms and Conditions pertaining to Governing Law and construction and interpretation of this statement of policy and procedures shall also apply to any disputes relating to this policy and these procedures.