CANCELLATION AND RETURN POLICY

After acceptance by the Seller, the Buyer’s order is not subject to cancellation, change, reduction in amounts, or suspension or delay of shipment, except with the Seller’s written consent. Cancelled orders consented to by the Seller are subject to a minimum 15% cancellation charge, based upon all expenses incurred by the Seller up to the time of cancellation, including a reasonable profit on such expenses. This includes excess inventory of stock items that have been specifically allocated to the Buyer and exceed normal Seller inventory levels for a period. Seller may cancel the order in the following cases: the seller’s costs have exceeded selling price to Buyer; the Seller is unable to provide product due to factors beyond the Seller’s control.

If shipments are delayed by Buyer, payment shall become due on the date when Seller is prepared to make shipment unless otherwise agreed to in writing by Seller at time of incident. Products held for the Buyer shall be at the risk and expense of the Buyer.

After acceptance by the Seller, the Buyer’s order for Non-Catalog (or custom) products is not subject to cancellation, change, reduction in amounts, or suspension or delay of shipment. Nor can the custom products be returned to Mightex for any reason, as they cannot be restocked or resold to other customers. To return Catalog Products, Buyer must contact Seller within 14 days of receipt to attain a Return Merchandise Authorization (RMA) Number. A 15% or a minimum of US$50 order cancellation fee will be charged, and the Buyer is responsible for the shipping cost. After 14 days, the RMA number is still required; however, unless otherwise provided in a specific warranty, only products found to be defective are accepted for repair or replacement within the Warranty Period (as stated in Mightex’s “Warranty Terms and Conditions”) from invoice date. Return authorizations are valid 14 days from issue. All returned Products are subject to inspection and approval by Seller before issuing credit or replacement. Products displaying use, misuse, or other damage will not be accepted. Products must be in original manufacturer’s packaging. Products should be packaged in a separate carton with the return authorization number clearly marked on this shipping carton. Refunds are issued by check for pre-paid merchandise. Credit order refunds are issued to the credit card or Seller’s open account to which the Product was charged.

IMPORTANT:
Other than as expressly set forth above or as contained in any express warranties provided with products and the extent permitted by law, the seller makes no warranties, express or implied, including warranties of merchantability or fitness of the merchandise for any particular purpose. The seller shall not be liable for loss or damage resulting from the use or performance of the products. In no event shall the seller be liable to the buyer or its customers for any special, indirect, incidental, exemplary or punitive damages resulting from loss of use, interruption of business, or lost profits, even if the seller has been advised of the possibility of such damages. Notwithstanding the foregoing, in no event shall the seller’s aggregate liability to the buyer and its customers exceed the amount paid for products purchased under this agreement in the prior 6 months.

GOVERNING LAW:
Sales transactions are governed by the internal law of the Province of Ontario, Canada. and you agree to the exclusive jurisdiction of the Ontario courts in the event of any dispute.

TAXES:
We collect sales tax on shipments to: (a) all Canadian provinces and territories, and (b) CA addresses, unless the purchaser supplies us with a signed official state resale certificate or sales tax exemption certificate with the order. Purchasers outside the aforementioned states/provinces are responsible for their state or local sales/use tax, if any, and any other taxes payable by reason of this transaction.

WARRANTY AND SAFETY INFORMATION:
Please refer to Mightex’s Warranty Terms and Conditions.

REPAIRS:
If your unit is out of warranty but needs repairs, please write to us for repair information.

RMA REQUEST FORM:
Download and complete the Mightex RMA Request Form, and send it by email to sales@mightex.com to initiate the RMA process.

(Mightex Systems, January 2008)