Digium Return Policy

1. Return Start Date

"Start Date" as used in this policy means (i) the date this product is shipped from Digium, Inc., or (ii) in the case of resale by an authorized Digium channel partner, the date not more than ninety (90) days after original shipment of this product by Digium, Inc, or (iii) in the case of a pass through return policy made to an End-User pursuant to an OEM Agreement between Digium and another party, the date not more than ninety (90) days after original shipment of this product by Digium, Inc. to the other party executing the OEM Agreement.

2. Returns of Non-Defective Hardware

Unless Customer is subject to a stock rotation policy as part of a written agreement with Digium, Digium only accepts returns of unopened non-defective hardware if the return is made within thirty (30) days following the Start Date. Opened non-defective hardware returns shall be assessed a 20% restocking fee. Digium will accept no returns of non-defective hardware beyond thirty (30) days. All other returns of hardware products may only be made under Digium's Warranty Policy. Returns of non-defective hardware only apply to hardware purchased directly from Digium; customers who have purchased Digium hardware from a third party should contact that company to discuss their return policies. Digium is not obligated to accept returns of any Hardware that has been opened, altered, or is not in resale condition except pursuant to the warranty policy or pursuant to this section.

3. Returns of Non-Defective Software

In Digium's discretion and on a case by case basis, software products that have not been activated may be returned within ten (10) days following the Start Date, and may, in Digium's discretion, be subject to a 20% restocking fee. All other returns of software products may only be made under Digium's Warranty Policy. Digium will not be obligated to accept returns of any Software that has been activated or otherwise used.

4. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGIUM IS NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR INDIRECT DAMAGES OF ANY CHARACTER, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FAILURE OF CONNECTED EQUIPMENT OR PROGRAMS, LOSS OF INFORMATION OR DATA OR LOSS OF GOODWILL) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THIS RETURN POLICY, EVEN IF DIGIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE FOREGOING LIMITED WARRANTIES IS REPAIR, REPLACEMENT OR REFUND OF THE PURCHASE PRICE OF THE PRODUCT. THE MAXIMUM LIABILITY OF DIGIUM FOR THE DEFECTIVE OR NON-CONFORMING PRODUCT UNDER THIS AGREEMENT IS LIMITED TO THE PURCHASE PRICE OF THE APPLICABLE PRODUCT AND ANY DAMAGES THAT MAY BE AWARDED IN A WRITTEN CONTRACT BETWEEN DIGIUM AND CUSTOMER. THE FOREGOING EXPRESS WRITTEN WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED OR STATUTORY.

5. RMA (Return Material Authorization) Process for Defective Hardware

Customers who wish to return defective hardware must contact Digium Technical Support for troubleshooting and approval of their return request. A Digium Technical Support technician will gather the appropriate account and product information and verify warranty status. All RMA approvals are subject to verification of in-warranty status upon receipt at Digium. Specifically, Digium will not repair or replace any Digium product that is not covered by a current, valid warranty. Digium Appliance products have a 1-year warranty unless an extended warranty has been purchased. Digium interface cards and modules sold after February 2008 have a 5-year warranty. The customer will be contacted by a representative from Digium's RMA Department if there is any question or concern about the status of the product warranty. Additional information is available under Digium's Warranty Policy.

Once the Digium Technical Support technician confirms that the hardware is defective and deems it necessary to replace the hardware, an RMA number will be assigned authorizing the customer to return the defective hardware to Digium. The RMA number must be included on the outside packaging of the returned hardware. Shipping costs incurred in connection with the return of a defective item to Digium shall be borne by customer, except in the case of a DOA (dead-on-arrival) return. Digium defines a hardware product as "DOA" when a properly installed product does not immediately perform its primary function as detailed in the product documentation after power is applied for the first time. DOAs must be reported by customer within thirty days of the date of customer invoice. Failure to report within the applicable time limit will exclude it from being qualified as DOA. For DOAs, Digium will cover both the return shipping costs and redelivery shipping costs (3-day domestic, 1 week international). In the event the returned hardware is misrepresented as a DOA, Digium will charge the customer for return shipment costs plus a handling fee. When shipping an authorized return to Digium, please include only the hardware and/or accessories authorized along with a copy of Technical Support's authorization. Digium will not replace any hardware and/or accessories for which an authorization has not been issued.

By default, Digium will ship a replacement after receiving the defective hardware from the customer and verifying its warranty status. If the customer would like to expedite the RMA process, Digium can cross-ship a replacement product as soon as possible. Cross-ship orders require a valid credit card number to secure the Digium product. The customer's credit card will not be charged unless Digium does not receive the returned product within thirty (30) days of the date on which Digium ships the replacement product.

Any approved RMA should be considered provisional, based on verification of in-warranty status when the hardware is received at Digium. If Digium determines that the hardware is out of warranty, or if the returned product is found to be damage or defect-free (No Trouble Found) the customer will be notified. Digium will not cover any shipping, handling, or customs charges for hardware not authorized for return. At the customer's discretion, Digium will either scrap out-of-warranty hardware or return it to the customer provided the customer agrees to cover shipping costs. Digium anticipates receiving returns within 30 days of authorization. If for any reason the return shipment will not arrive at Digium within 30 days of the day the RMA was assigned, please contact Digium Technical Support so that the expected receive date may be updated or a new RMA number may be issued.

Digium has an Exceptional Satisfaction Program available to customers; refer to the ESP Risk-Free Guarantee Terms and Conditions.

6. Shipping

Returns are typically shipped via UPS ground within the US and via FedEx for international orders. Additional information is available under Digium's Shipping Policy. If you have any questions, please contact a Digium Technical support representative at +1 256 428-6000.

Digium accepts no responsibility for any unauthorized equipment sent to us. Please do not return any product without a valid RMA number, and only return the specific products approved for replacement. Prior to shipping, remove any hardware modules that were not approved for replacement. Digium reserves the right to deny replacement of product that was not approved for replacement prior to shipment.

Note: Please do NOT ship accessories like phone cables, power supply/cables, and certificates, unless the product is still unopened or otherwise specified by Technical Support.

7. Governing Law, Jurisdiction, and Dispute Resolution

This Agreement shall be governed by and construed under the laws of the USA, and to the extent no federal law applies, the laws of the State of Alabama, USA. Forum, jurisdiction, and venue shall be determined in accordance with such law. If permitted by applicable law, Digium and you hereby expressly waive any right to a trial by jury and consent to a bench trial in the event of a dispute Digium and you agree to attempt to resolve any dispute by direct communication between representatives of each party who are authorized to finally resolve the dispute prior to filing any legal action against the other party. The parties agree to attempt to resolve the dispute within fourteen (14) days of the first direct verbal communication between the representatives of the parties in which the parties make good faith efforts to attempt to resolve the dispute following written notice of the dispute having been provided to the party not invoking this clause. The party with the dispute must provide the written notice and must provide sufficient detail in the notice as to the nature of the problem and requested remedies so as to permit the party not invoking this clause to make good faith attempts to remedy the dispute. The parties agree not to resort to legal action, other than injunctions, either prior to or during the fourteen day dispute resolution period. The United Nations Convention on International Sale of Goods, the application of which is expressly excluded, does not apply to this Agreement.

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