Bay Consumer Inc.

RMA Policy

RMA REQUESTS: All return products have to have RMA#, please submit all RMA requests via fax to the RMA Department (408) 734-6265 or e-mail RMA form to RMA_Order@ BayConsumer.com during normal business hours. Bay Consumer RMA dept will issue RMA # within 3 business day upon receipt of customer's request. Customer has to provide a copy of Bay Consumer's invoice with matching serial number or date code is attached. All incomplete forms and/or requests without copies of invoices will not be processed! If there are any problems with the initial request, RMA will request additional information from you via e-mail.

DOA: A request for an RMA number must be submitted for the defective product within 21 days of the invoice date. Defective products must be received by Bay Consumer no later than 3 business days for local customers and 7 days for non-local customers, from the issuance of the RMA #. Any product received after this time will be processed as standard "RMA" product.

RMA: From 22 days past the invoice date to a year after the ship date, Bay Consumer will return the product to the manufacturer for the customer. Any RMA product not received by Bay Consumer within 30 days from the issuance of the RMA# will void the RMA

- Shipping: Customer will pay all freight charges when returning all DOA or RMA products to Bay Consumer. Bay Consumer will pay for return freight. Proper packaging materials should be used on return products. Bay Consumer will refuse any improperly or unpacked products. The RMA # should be clearly marked on the box.  

 - Physical Damage: Bay Consumer will not accept as RMA product any item that is physically damaged.  

 - Defective Product: All defective claims will be verified and products tested only for the problem reported. If no specific problem is reported, Bay Consumer will only test the defective product according to our general testing procedures. No replacement will be made on product not found to be defective. All items tested good will be returned to the customer.  

 - Software: Software has a limited warranty only. No software that has been opened will be accepted back for credit.  

 - Replacement Items: In the event that a similar item to replace the defective product is not available, Bay Consumer will provide a comparable substitute product.

- Credit: Credit on an RMA product will be issued based upon the current market value on the product determined by Bay Consumer. Any credit balance issued can only be used toward the purchase of Bay Consumer product.  

Liability: Unless otherwise specified in writing, all products sold, exchanged or transferred by Bay Consumer carry a Manufacturer's Warranty as outlined by the manufacturer of the product. Bay Consumer does not provide any warranty on the product, or related labor or parts. The Customer hereby agrees that Bay Consumer shall not be responsible for any liabilities relating to the product and arising out of the sale, exchange, or transfer of the product. The customer acknowledges and agrees that Bay Consumer is only providing a service to handle any warranty claims and shall not be held liable, directly or indirectly, for any damages, lost profits, or other consequential damages incurred by the customer.

Returns for Credit: Bay Consumer will accept the return of new, unopened product for up to 15 days from the invoice date. These returns will be subject to a 15% restocking fee. No returns will be authorized after 15 days. Bay Consumer will not accept any product return for credit that is not sealed in the original manufacturer’s package or that has any labels or writing other than that of the manufacturer. Customer will pay the freight charges on the return product.

Cross-Shipments: Bay Consumer will only ship replacement product before receiving the RMA product if the customer agrees to pay for the replacement product. Upon receipt of the RMA product the customer will be credited for the cross-shipped product, if there is a problem found within the guidelines of what constitutes RMA product. However, if no problem is found, then the RMA product will be returned back to the customer and NO credit will be issued.

- Shipping: Bay Consumer will ship replacement product UPS ground. The customer will pay for any other method of shipment.

Additional Terms and Conditions :

This invoice agreement is made at Sunnyvale, California. The validity and performance of this invoice shall be governed by the laws of the State of California, USA. Santa Clara County, California, shall be the appropriate venue and jurisdiction for the resolution of disputes hereunder.

The parties agree that should it become necessary for any party hereto to commence litigation or bring an action against the other party or parties, to enforce the terms of this invoice or for breach of any of the terms of the invoice, the Parties hereby agree that the prevailing party in an action to enforce this invoice agreement shall be awarded attorneys fees and costs.

Finance charges will be assessed at the rate of 2.5% of the monthly balance on invoices not made on or before the due date. A $20.00 fee will be charged on all return checks.

The terms and conditions of this invoice agreement may not be superseded, modified, or amended except in writing which states that it is such a modification, and is signed by an authorized representative of each party hereto.