| RMA TERMS AND CONDITIONS |
| The following Terms and Conditions shall govern and control the Return Request process and Return of Merchandise Authorization (RMA) between Customer and Community Controls (CC): |
|
| RMA – Procedure Return Request |
|
| 1) Customer initiates the RMA by sending CC the fully completed Return Request Form; |
| 2) Following receipt of completed form, CC will issue Customer an RMA number. This number is active for a period of thirty (30) days from issuance and must be displayed on the outside of all packages returned to CC; |
| 3) Customer must pack and send the merchandise to CC |
| 4) Customer is responsible for any and all damage that occurs to the merchandise that occurs in transit; |
| 5) CC will evaluate the merchandise to determine if the merchandise is still operable and is still able to be used; |
| 6) Upon completion of the evaluation, CC will contact Customer either through email or telephone with the results of the evaluation and status of Return Request; |
| 7) If the product is determined to be inoperable, Customer may authorize CC to return the product to Customer at Customer’s expense. Customer may also authorize CC to send new product also at Customer’s expense. CC shall be under no obligation to send new product without prior authorization and assurance of payment; |
| 8) If product is operable and able to be used as a refurbished part, there is no charge to Customer unless they request additional products or services. CC shall be under no obligationto provide additional services or products without prior authorization and assurance of payment. |
|
| LEGAL NOTICES |
| 1) CC RESPONSIBILITIES: CC shall perform all product inspections and examinations in an industry standard manner. |
| 2) CUSTOMER RESPONSIBILITIES: Customer is responsible for the installation, maintenance, removal and shipping of the CC product in compliance with the RMA procedures set out above as well as payment for any additional product or services requested by the Customer. |
| 3) PAYMENT: If CC sent the wrong product, no payment is required for shipping the product back to CC or shipping the correct product to the Customer unless the Customer requests product or services above and/or beyond the original order. If the Customer ordered the wrong product, the Customer is responsible for paying for shipment of product back to CC as well as sending the correct product to the Customer. Customer is also responsible for payment of any products or services requested above and/or beyond original order. |
| 4) BILLING DISPUTES: If Customer objects to any fees or charges for services or product billed by or through CC, Customer must detail the objection in writing within thirty (30) days of when the fee or charge is incurred. If Customer fails to object within the 30-day period, any objection shall be deemed to have been waived. |
| 5) TAXES, FEES AND SURCHARGES: Customer promises to pay all taxes, fees, and surcharges applicable to the RMA Service. |
| 6) WARRANTY LIMITATION: CC MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE INSPECTION OF PRODUCT WHEN SENT BY THE CUSTOMER TO CC. ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED BY THIS AGREEMENT. |
| 7) LIMITATIONS OF LIABILITY: UNLESS FORBIDDEN BY LAW IN A PARTICULAR INSTANCE, CC AND CUSTOMER AGREE THAT CC SHALL NOT BE LIABLE TO CUSTOMER FOR (1) ANY INJURIES TO PERSONS OR PROPERTY ARISING OUT OF OR RELATING TO CUSTOMER USE OF THE SERVICE, OR (2) ANY DAMAGES ARISING OUT OF OR RELATING TO THE INSTALLATION, REPAIR OR MAINTENANCE OF CC EQUIPMENT. CC’S MAXIMUM LIABILITY TO CUSTOMER UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY OR PRODUCTS LIABILITY) IS LIMITED TO AN AMOUNT EQUAL TO THE PORTION OF THE CHARGES TO CUSTOMER. NEITHER PARTY MAY RECOVER (1) PUNITIVE DAMAGES, (2) TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, OR (3) ATTORNEY’S FEES. CUSTOMER AGREES NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, CUSTOMER AGREES TO EXCUSE ANY NON-PERFORMANCE BY CC CAUSED IN WHOLE OR IN PART BY AN ACT OR OMISSION OF A THIRD PARTY, OR BY ANY EQUIPMENT FAILURE, ACT OF GOD, NATURAL DISASTER, STRIKE, EQUIPMENT OR FACILITY SHORTAGE OR OTHER CAUSES BEYOND THE CONTROL OF CC. THE LIMITATIONS IN LIABILITY SET SHALL SURVIVE THIS AGREEMENT AND SHALL BE BINDING UPON CUSTOMER’S HEIRS, CUSTOMERS, SUCCESSORS AND ASSIGNS. ASSIGNEES. NOTE: Some states do not allow an exclusion or limitation of incidental or consequential damages or certain other damages, so some of the limitations may not apply in some situations. |
| 8) APPLICABLE LAW AND VENUE: To the fullest extent permitted by law, and except as explicitly provided otherwise, this agreement, the services and any disputes arising out of or relating to them, will be governed by the laws of the state of Utah without regard to its conflict of law principles, and by any applicable tariffs, wherever filed. Venue for any dispute arising out of the RMA shall be in Salt Lake County, Utah. |
| 9) NOTICES: Any written notice from Customer required by this agreement will be considered given when received at the CC address set out above. Any written notice from CC required by this agreement will be considered given three (3) days after mailing to Customer at the billing address CC has on file for Customer. Any oral notices must be followed by written confirmation to be effective. Customer agrees that e-mail notifications shall be effective upon receipt and shall be admissible in any proceeding hereunder. |
| 10) NO FIDUCIARY RELATIONSHIP: This agreement does not create any fiduciary relationship between Customer and CC, its suppliers, distributors and authorized dealers. This agreement does not create any relationship of principal and agent, partnership, or employer and employee. |
| 11) ENTIRE AGREEMENT: These Terms and Conditions and any other documents incorporated in them are the entire agreement between Customer and CC. They supersede any and all other agreements or representations, oral or written, past or present. If any part of this agreement is considered invalid by a court or arbitrator, that part not found invalid shall survive and remain enforceable. Even after this agreement has ended, its provisions will govern any disputes arising out of or relating to it (unless it has been replaced by a new agreement). This agreement shall be binding on Customer’s heirs and successors and on CC successors or assignees. No waiver of any part of this agreement, or of any breach of it, in any one instance will require a waiver of any other instance or breach. |
