Shipping & Returns
(a)Subject to the Applicable Warranties, no Goods that have been delivered (or deemed to have been delivered) may be returned to MWS without MWS’s prior written permission, which may be granted, conditioned or withheld in MWS’s sole discretion.
(b) Where MWS permits the Customer to return Goods, the Customer agrees to comply with MWS’s return material authorization (“RMA”) process as may be prescribed by MWS from time to time. Without limiting the foregoing, the Customer will return Goods to MWS at the Customer’s expense and in accordance with a written RMA authorization from MWS. The Customer will bear all risk of loss for returned Goods until they are received and accepted by MWS. The return of any portion of the Goods will not be accepted by MWS unless prior written authorization has been given by MWS and the Customer has complied with the packaging and shipping instructions provided by MWS.
(c) MWS may charge and the Customer shall pay to MWS a restocking fee equal to 20% of the purchase price of the Goods that are returned.
(d) Where the Customer returns Goods as permitted hereunder, MWS shall grant a credit note to the Customer in an amount equal to: (x) the amount paid by the Customer for Goods that are returned undamaged, in their original packaging, and otherwise in marketable condition, minus (y) the applicable restocking fee. Credit notes will not be issued for any returns by subsequent owners of the Goods (including by any customers of the Customer). Credit notes granted under this Section 10.2(d) have no cash value and expire one year after they are issued.
(e) Should MWS determine that the returned Goods condition is below the value of the refunded purchase price, the Customer shall pay the difference in the value. MWS shall have 10 days from receipt of the returned materials to make a valuation determination. The Customer will be notified of such determination and will have 5 days from notification to remit payment of the sum due. Failure to do so may, at the election of MWS, result in a reporting of non-payment to credit bureaus, the initiation of collections against Consumer, and other remedies that MWS may lawfully pursue. All such costs of collection, including, but not limited to, attorneys fees, expert fees, witness fees, litigation and court costs shall be paid by Consumer whether or not a civil action is filed.