1. General Statement of Product Return Rights and Limitations
ATIN USA, LLC (“ATIN USA”) provides a return program on Products that have been purchased from ATIN USA that may extend for up to one year from the invoice date for the Products 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 ATIN USA 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 ATIN USA and ATIN USA shall have no obligation to Buyer with respect to providing any return rights on Products unless Buyer is current on its account with ATIN USA and ATIN USA has received full payment from Buyer for the Products that are being returned.
THE RETURN RIGHTS GRANTED BY ATIN USA HEREIN APPLY ONLY TO PRODUCTS THAT MEET THE REQUIREMENTS FOR ISSUANCE OF A RETURN MATERIAL AUTHORIZATION (“RMA”) NUMBER SET FORTH BELOW. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ATIN USA RESERVES THE RIGHT NOT TO AUTHORIZE THE RETURN OF PRODUCTS THAT ARE NO LONGER IN PRODUCTION OR ARE BEING PRODUCED BY A MANUFACTURER OR PUBLISHER THAT (I) IS INSOLVENT, (II) HAS DECLARED BANKRUPTCY, OR (III) WILL NOT ACCEPT RETURN OF THE PRODUCTS FROM ATIN USA. THE RETURN POLICIES OF MANUFACTURERS AND PUBLISHERS ARE SUBJECT TO CHANGE AND SUCH CHANGES MAY ADVERSELY AFFECT THE RIGHTS GRANTED BY ATIN USA TO BUYER HEREUNDER. FOR A CURRENT LIST OF MANUFACTURERS AND PUBLISHERS THAT WILL NOT ACCEPT RETURN OF THE PRODUCTS FROM ATIN USA AND WHICH REQUIRE THAT BUYERS DEAL DIRECTLY WITH THEM, SEE WWW.ATINUSA.COM (CUSTOMER SERVICE). ATIN USA ASSUMES NO RESPONSIBILITY WITH RESPECT TO SUCH PRODUCTS.
Notwithstanding anything herein to the contrary, ATIN USA 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, alteration or modification, 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 ATIN USA with respect to a Product.
All orders that require configuration or assembly of Products to meet customer specifications (“Special Order Products”) are noncancelable and may not be returned to ATIN USA and Buyer is responsible for the full payment of the order for such Special Order Products once a purchase order has been sent to ATIN USA. Additional categories of Products not eligible for return to ATIN USA include end-of-life Products and Original Equipment Manufacturer (“OEM”) Products.
Any credit issued to Buyer by ATIN USA with respect to Products returned as provided herein can only be used toward future purchases of Products from ATIN USA. Credits will not be mailed and will only be posted to Buyer’s account which is available for viewing online at www.atinusa.com (Customer Service).
ATIN USA 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 Material Authorization
A. Buyer must obtain a valid Return Material Authorization (“RMA”) number from ATIN USA for all Product returns. RMAs will be issued, at ATIN USA’s sole discretion, only in accordance with these terms and conditions. In order for an RMA to be valid it must be issued in writing by an authorized representative of ATIN USA Customer Service.
B. Any request for issuance of an RMA must be made within the time periods specified herein for the specific categories of returns. Requests received after the expiration of such time periods will be rejected and Buyer may be referred to the manufacturer or publisher of the applicable Product to determine if the manufacturer or publisher offers direct RMA processing service. Even if Buyer makes a timely request to ATIN USA for issuance of an RMA ATIN USA reserves the right to refer Buyer directly to the manufacturer or publisher of the Product if the manufacturer or publisher offers direct RMA processing service and does not accept return of Products from ATIN USA. A complete listing of manufacturers and publishers that offer direct RMA processing service to customers is posted online at www.atinusa.com (Customer Service). ATIN USA assumes no responsibility for the direct RMA processing service of any manufacturer or publisher and shall have no liability to Buyer (or Buyer’s customer in the event that ATIN USA ships Products directly to such customer at the request of Buyer) with respect thereto.
C. RMAs are valid for fifteen (15) calendar days from the date of issuance. Buyer must allow for in-transit time for Products to be returned to ATIN USA, as ATIN USA must physically receive Products within such fifteen (15) calendar day period.
D. RMAs 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. ATIN USA will refuse delivery of any boxes that do not have a valid, clearly visible RMA number as noted above or which do not comply with any other requirements imposed by ATIN USA 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 ATIN USA that are inoperable at the time they are received by Buyer (“DOA Products”) or that do not function in accordance with the specifications published by the manufacturer or publisher of the Products and are covered under the manufacturer’s or publisher’s warranty. All defective Product returns are subject to more restrictive manufacturer or publisher policies.
B. Buyer may request an RMA for the return of defective Products, excluding Special Order Products, within one (1) year of the invoice date.
C. Upon verification that the returned Product is defective, ATIN USA may, in its sole discretion, either (i) ship Buyer a replacement Product (including an alternative Product of equal or greater performance), or (ii) provide Buyer a credit equal to the residual value deemed by the manufacturer or publisher of the Product less an applicable charges or fees. With respect to returned DOA Products, ATIN USA will, subject to availability of the Product, make reasonable efforts to ship a replacement Product within three (3) business days after ATIN USA receives the DOA Product. In accordance with the return policy of the applicable manufacturer or publisher, ATIN USA will make reasonable efforts to replace defective Products; however, ATIN USA reserves the right to require Buyer to return defective Products directly to the manufacturer or publisher for replacement according to the manufacturer’s or publisher’s own defective Products return policy. ATIN USA assumes no responsibility for the defective Products return policy of any manufacturer or publisher and shall have no liability to Buyer (or Buyer’s customer in the event that ATIN USA ships Products directly to such customer at the request of Buyer) with respect thereto.
4. Stock Balance Returns
A. Provided that ATIN USA has return rights with the manufacturer or publisher of the Product, ATIN USA will accept stock balance returns only for Products purchased from ATIN USA in accordance with the terms and conditions set forth herein. All Products returned for stock balancing must be in the manufacturer’s or publisher’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”). All stock balance returns are subject to more restrictive policies of the manufacturer or publisher of the Products and the stock balance return rights described herein are not available for Special Order Products.
B. Stock balance returns must be received by ATIN USA within fifteen (15) calendar days of the invoice date following the RMA procedures described above. Upon verification that the returned Product is in Stock Balance Condition (and has been returned in a timely fashion), ATIN USA will issue a credit to Buyer equal to the lesser of the Buyer’s original invoice price or current replacement value less any applicable charges or fees; provided, however, that with respect to any Product in Stock Balance Condition returned more than seven (7) days after the invoice date ATIN USA 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 ATIN USA for stock balance returns.
5. Damaged Product Returns
Damaged Product returns are only for Products purchased from ATIN USA and shipped via ATIN USA’s carrier of choice that are damaged in transit from ATIN USA to Buyer (or from ATIN USA to Buyer’s customer in the event that ATIN USA ships Products directly to such customer at the request of Buyer). If a Product is delivered in damaged condition, Buyer or Buyer’s customer must notify ATIN USA Customer Service and request an RMA within two (2) business days of receipt of such Product. Failure to notify ATIN USA Customer Service and request an RMA within such time shall be deemed an acceptance of the Product as of the date of shipment. When notifying ATIN USA Customer Service to request an RMA for a Damaged Product Buyer or Buyer’s customer should be prepared to provide ATIN USA 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/Limitation of Liability
Although these policies and procedures may permit Buyer (or Buyer’s customer in the event that ATIN USA ships Products directly to such customer at the request of Buyer) to return Products claimed to be defective under certain circumstances, ATIN USA makes no representations or warranties of any kind with respect to the Products. All Products sold or licensed by ATIN USA are sold/licensed “as is” (with no other warranties other than those provided by the manufacturer or publisher of the Products to the Buyer) and are subject to the terms and conditions set forth in manufacturer’s warranty packaged with the Products and/or the publisher’s end-user license with respect to licensed Products. ATIN USA disclaims all other warranties and conditions as more fully described on any Terms and Conditions listed on the back of the invoice for the Products.
7. Applicability of Terms and Conditions
Product return information provided herein does not replace any Terms and Conditions listed on the back of the invoice for the Products, which Terms and Conditions are subject to change without prior written notice at any time, in the sole discretion of ATIN USA. 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.