BUYER’S EXCLUSIVE REMEDIES. If the Product supplied shall fail to con- form to the contract or any applicable warranty, Buyer shall immediately notify Seller of such condition and afford Seller a reasonable opportunity to inspect said Product. Seller shall, at its option, either repair or replace such noncon- forming Product. Seller shall not be responsible for labor charges for removal or installation of such equipment or material or charges for transportation, handling and shipping except as provided in Seller’s written service policy. No Product shall be returned without Seller’s prior written consent.
SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT INCIDEN- TAL OR CONSEQUENTIAL DAMAGES OF A COMMERCIAL NATURE ARISING OUT THE USE OF OR INABILITY TO USE SELLER’S PRODUCT BY REASON OF THE FACT THAT SUCH PRODUCT DOES NOT CONFORM TO THE CONTRACT OR TO ANY EXPRESS OR IMPLIED WARRANTY. SELLER’S MAXIMUM LIABILITY SHALL BE LIMITED TO THE COST OF REPAIR AND/OR REPLACEMENT OF THE PRODUCT CLAIMED TO BE DEFECTIVE OR NONCONFORMING, SUBJECT TO SELLER’S RIGHT OF REMOVAL AND RETURN OF PRODUCT.
All of the foregoing constitute Buyer’s sole and exclusive remedy and Seller’s sole and exclusive liability for supplying nonconforming or defective Product.
RETURNS. AVE products are fully inspected and carefully packed to ensure you are delivered a quality product in good condition. If you are not fully satisfied with our product, returns of standard stocking items with no restock- ing fee can be made within thirty (30) days of invoice to Buyer. All such returns must have prior consent of Seller by obtaining an RMA number and must include the sales or delivery receipt showing the date of original purchase and be in an unused condition contained in its original packaging. Any other re- turns must have prior written consent of Seller and are subject to a restocking fee of fifteen percent (15%) and freight charges.
RMA NUMBER. The RMA (Return Material Authorization) number must be obtained by contacting Seller prior to the shipment of the the product for re- turn. The RMA number is valid only for 15 days from the date of issue. The RMA number must be clearly displayed on all shipping labels.
7
