CANCELLATION, REFUND, AND RETURN POLICY
Cancellation. Buyer may cancel this Order without additional cancellation fees in whole or in part, only upon written notice to Go Play Systems and only prior to the placement of the Order with the manufacturer, provided some or all of the goods have not already been shipped. Unless timely cancelled, Buyer shall be liable for the payment of cancellation charges, which charges shall be the sum of (1) the price of all goods that have been delivered and not previously paid for, plus (2) the actual cost incurred by Go Play Systems Inc. that is properly allocable to the goods not delivered at the time of decrease or cancellation, including, without limitation, the cost of components and materials purchased for use in producing such goods, plus (3) the profit, and reasonable overhead that Go Play Systems would have made from full performance by Go Play Systems Inc., plus (4) the costs of engineering, prototypes, testing, tooling, and similar items produced for Buyer, plus (5) the reasonable costs incurred by Go Play Systems Inc. in making settlement and effecting collection hereunder. In no event will the fee for Buyers ultimate cancellation of an order be less than ten percent (10%) of the total order, but no such cancellation fee will be imposed if Buyer complies with the first sentence of this Paragraph 12.
Returns/Refund Policy. Go Play Systems Inc. does not accept returns and does not provide refunds. ALL SALES ARE FINAL AND AS-IS. Goods in an Order are not returnable other than for warranty repairs. Warranty repairs must be done at a specified Go Play Systems Inc. location. The return for warranty repairs can only be done with an accompanying RMA number and the signed warranty repair form. If the customer returns without the appropriate RMA number they will be charged the standard daily rental rate specified in SECTION 21 of the terms and conditions.
Claims Under the Manufacturer Warranty. Buyer understands and agrees that Go Play Systems provides no warranties. In the event that any part of a Good or a Good fails in a manner contemplated by the warranty of the manufacturer, if any, (“Warranty Good”), Buyer agrees to first notify Go Play Systems to determine whether Buyer’s Warranty Good requires the formal transfer of any warranty held by Go Play Systems to Buyer (“Notification”).
Covered Warranty Goods. If Go Play Systems agrees that the Warranty Good and the method by which it failing is covered by the manufacturer’s warranty, Buyer shall send the Warranty Good it seeks to have repaired or replaced to Go Play Systems, at Buyer’s sole expense, via a method of tracked delivery (i.e. UPS, FedEx).
- Replacement Warranty Good/Repairs.If Go Play Systems has an identical or substantially similar Good as the Warranty Good in its warehouse or otherwise available in a reasonable amount of time, Go Play Systems may, in its sole discretion provide Buyer with a replacement part or Good for the Warranty Good and elect to address the warranty issue with the manufacturer directly.
- Repair of Warranty Good. Go Play Systems may, in its sole discretion, elect to engage an authorized repair entity to repair the Warranty Good and provide Buyer with such repair services (either for free or at a cost). In such event, Buyer agrees to send the Warranty Good as set forth in Article VII, Section 5(c) and to the potential consequences for failing to do so as set forth in Article VII, Section 5(d). If Go Play Systems chooses to repair the Warranty Good, Go Play Systems may, in its sole discretion, choose to send Buyer a replacement while the Warranty Good is being repaired (the “Temporary Warranty Good Replacement”). Buyer understands and agrees that upon receipt of the repaired Warranty Good, regardless of whether Buyer disputes the quality and nature of the repairs, Buyer shall return the Temporary Warranty Good Replacement to Go Play Systems such that the Temporary Warranty Good Replacement is received by Go Play Systems no later than ten (10) days from Buyer’s receipt of the repaired Warranty Good.
- Sending Warranty Good to Go Play Systems. Regardless of whether the Warranty Good is being repaired or replaced, Buyer agrees to send the Warranty Good in a manner such that it will be delivered to Go Play Systems at the address specified in Article VIII, Section 8 or as otherwise designated in writing by Go Play Systems and is guaranteed delivery to Go Play Systems no later than ten (10) days from the Notification. Buyer shall promptly provide Go Play Systems with any shipping and/or delivery tracking information and is the owner of the Warranty Good during shipping for all intents and purposes. Buyer acknowledges and understands that it has the right and the sole obligation to place insurance on all items it sends and/or receives as they relate to warranty repairs/replacements.
- Failure to Timely Return Warranty Good or Temporary Warranty Good Replacement. Should Go Play Systems not receive the Warranty Good or Temporary Warranty Good Replacement by the respective time periods set forth in this subsection, the following daily late rental fees shall apply (or a reasonable percentage of such amount, in Go Play Systems’s sole discretion, if the Warranty Good is only a part for the Goods set forth herein) commencing on the date such items were to be delivered to Go Play Systems.