PRODUCT RETURNS. All returns are subject to Seller’s approval and to the terms and conditions of Seller’s Product Return Policy. If Customer desires to return any Products, then subject to Seller’s Product Return Policy, and upon receipt of the Products in their original condition, Seller will credit Customer’s account, less a restocking fee, provided that the Products are returned with Merit’s written authorization within 45 days from invoice date of the original Delivery. The Products must be accompanied by the original packing slips and must include the Return Goods Authorization (“RGA”) number on the outside of the box. Customer shall package the Products in their original packaging, if possible, and in any event so as to prevent damage in shipping and shall insure against damage and loss. Seller will not charge a restocking fee to Customer if Seller determines that (i) the Products were defective at the time of Deliver, (ii) were shipped due to Seller’s error, or (iii) are subject to a recall required by a regulatory agency, unless the recall resulted from Customer’s actions and/or product(s). Seller will not accept the return of any Products that have been modified or refurbished. Customer may not return any Product without a RGA. Seller reserves the right to evaluate all returned Product and its decision concerning damage or defects shall be conclusive. If Seller determines that the Products were defective at the time of Delivery, then Seller will, at Seller’s option, either credit Customer’s account according to Seller’s then effective Product Return Policy, and in the amount of the invoice price paid by Customer, or ship replacement Products to Customer at Seller’s own expense as soon as reasonably practicable.
PRODUCTS ELIGIBLE FOR RETURN. Seller may accept the return of standard, unopened, non-tampered and non-expired products that Seller receives within 45 days from the invoice date of the original shipment order and that Seller determines to be in re-salable condition. Due to limited market demand, Seller will not accept the return of any custom products, which shall include products developed solely for Customer’s individual needs, special order products, including custom kits, custom parts, any Product with a non-standard or non-catalogued part number; or custom volumes of Products. Obsolete products, sterile products or discontinued products are not returnable.
CANCELLATION OF PURCHASE ORDERS. Subject to the terms and conditions of Seller’s Product Return Policy, Customer’s order for products may be cancelled within the same business day and without any expense to Customer, provided that the order has not yet been processed. The effective date of such termination is the date on which Seller receives a written termination notice from Customer. Customer will promptly pay for all Products delivered or services performed prior to the effective date of the termination. Customer will also pay Seller (a) the full contract price for all completed items as set forth on this Order Confirmation, (b) the actual costs incurred by Seller in proportion, under Seller’s accounting practices, to the terminated portion of such order, plus any special services, developing special tooling, purchasing special supplies and the like incurred in connection with the terminated order, and (c) all costs incurred by Seller as a result of such termination, including, but not limited to, Seller’s expenses, if any, incurred prior to receipt, or which cannot be reasonably avoided after receipt, of such notice of non-acceptance, repudiation or cancellation by Customer.