"Dreamwave Networks tests every product it produces to ensure products are of the highest quality."
1. Return Start Date
2. Returns of Non-Defective Hardware
3. LIABILITY
4. RMA (Return Material Authorization)
5. Shipping
6. Dispute Resolution by Arbitration
1. Return Start Date
"Start Date" as used in this policy means (i) the date this product is shipped from Dreamwave Networks, Inc, or (ii) in the case of resale by an authorized Dreamwave Networks Reseller, the date not more than ninety (90) days after original shipment of this product by Dreamwave Networks, Inc, or (iii) in the case of a pass through return policy made to an End-User pursuant to an OEM Agreement between Dreamwave Networks and another Party, the date not more than ninety (90) days after original shipment of this product by Dreamwave Networks, 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 Dreamwave Networks, Dreamwave Networks 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 15% restocking fee. Dreamwave Networks will accept no returns of non-defective hardware beyond thirty (30) days. All other returns of hardware products may only be made under Dreamwave Networks Warranty Policy. Returns of non-defective hardware only apply to hardware purchased directly from Dreamwave Networks; customers who have purchased Dreamwave Networks hardware from a third party should contact that company to discuss their return policies.
3. LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DREAMWAVE NETWORKS 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 DREAMWAVE NETWORKS 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 DREAMWAVE NETWORKS UNDER THIS DEFECTIVE OR NON-CONFORMING PRODUCT AGREEMENT IS LIMITED TO THE PURCHASE PRICE OF THE APPLICABLE PRODUCT AND ANY DAMAGES THAT MAY BE AWARDED IN A WRITTEN CONTRACT BETWEEN DREAMWAVE NETWORKS AND CUSTOMER. THE FOREGOING EXPRESS WRITTEN WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED OR STATUTORY.
4. RMA (Return Material Authorization) Process for Defective Merchandise
Customers who wish to return defective hardware must contact Dreamwave Networks Technical Support for troubleshooting and approval of their return request. A Dreamwave Networks 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 Dreamwave Networks. Specifically, Dreamwave Networks will not repair or replace any Dreamwave Networks product that is not covered by a current, valid warranty. Dreamwave Networks Appliance products have a 1-year warranty. Dreamwave Networks interface cards and modules sold after February 2008 have a 1-year warranty. Dreamwave Networks interface cards and modules sold before February 2008 have a 2-year warranty. The customer will be contacted by a representative from Dreamwave Networks RMA Department if there is any question or concern about the status of the product warranty.
Once the Dreamwave Networks 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 Dreamwave Networks. 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 Dreamwave Networks shall be borne by customer, except in the case of a DOA (dead-on-arrival) return. For DOA's, Dreamwave Networks 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, Dreamwave Networks will charge the customer for return shipment costs plus a handling fee. When shipping an authorized return to Dreamwave Networks, please include only the hardware and/or accessories authorized along with a copy of Technical Support's authorization. Dreamwave Networks will not replace any hardware and/or accessories for which an authorization has not been issued.
By default, Dreamwave Networks 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, Dreamwave Networks can cross-ship a replacement product as soon as possible (typically same day or next day). Cross-ship orders require a valid credit card number to secure the Dreamwave Networks product. The customer's credit card will not be charged unless Dreamwave Networks does not receive the returned product within thirty (30) days of the date on which Dreamwave Networks ships the replacement product.
Any approved RMA should be considered provisional, based on verification of in-warranty status when the hardware is received at Dreamwave Networks. If Dreamwave Networks determines that the hardware is out of warranty, the customer will be notified. Dreamwave Networks will not cover any shipping, handling, or customs charges for hardware not authorized for return. At the customer's discretion, Dreamwave Networks will either scrap out-of-warranty hardware or return it to the customer provided the customer agrees to cover shipping costs. Dreamwave Networks anticipates receiving returns within 30 days of authorization. If for any reason the return shipment will not arrive at Dreamwave Networks within 30 days of the day the RMA was assigned, please contact Dreamwave Networks Technical Support so that the expected receive date may be updated or a new RMA number may be issued.
5. Shipping
Returns are typically shipped via UPS ground within the US and via FedEx for international orders. If you have any questions, please contact Dreamwave Networks Technical Support
Dreamwave Networks 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. Dreamwave Networks 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.
6. Dispute Resolution by Arbitration
6.1
Any disputes that may arise solely between the customer and Dreamwave Networks in connection with, or related to, this Return Policy shall exclusively and finally be settled under arbitration in the state of New Jersey, Middlesex County, USA.
6.2
Any disputes that may arise solely between the customer and Dreamwave Networks hereto in connection with, or related to, this Return policy shall exclusively and finally be settled under the Rules for Commercial Dispute Resolution Procedures ("Rules") of the American Arbitration Association ("AAA") then in force on the date of commencement of the arbitration and the laws of the State of New Jersey, Middlesex County without regard to its choice of laws provisions.
6.3
Any Party may send the other Party written notice identifying the Matter and invoking the procedures of this Section 7. Within fourteen (14) days, the Parties, or representatives of the Parties, shall meet at a mutually agreed upon location, which may be on a telephone conference call at which all parties with authorization necessary to authorize a settlement are present, for the purpose of determining whether they can resolve the Matter themselves by agreement, and, if the parties have not been able to reach a mutually acceptable resolution on the Matter within fourteen (14) days after the initial meeting, then the parties shall resolve the matter in accordance with the Dispute Resolution Procedures of this Section 6 and the laws of the State of New Jersey, without regard to its choice of laws provisions. The parties agree to refrain from instituting any legal action, other than emergency relief under Section 7.8, during the fourteen day dispute resolution period.
6.4
Any dispute, controversy or claim arising under, out of or in connection with this Agreement, including any subsequent amendments, or the validity, enforceability, construction, performance or breach thereof, other than the IP Dispute exception provided in Section 6.5 (which shall be settled under the AAA's Patent Arbitration Rules), including any Matter which the parties do not resolve in accordance with Section 6.3 above ("Dispute"), shall be finally settled under the Rules for Commercial Dispute Resolution Procedures ("Rules") of the American Arbitration Association ("AAA") then in force on the date of commencement of the arbitration and such arbitration shall be conducted in the State of New Jersey.
6.5
Notwithstanding the foregoing, any and all disputes, controversies or claims relating to intellectual property rights or confidential information ("IP Dispute") arising out of or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Patent Arbitration Rules, and judgement on the award rendered by the arbitrators may be entered by any court having jurisdiction thereof.
6.6
Within fifteen (15) days after the commencement of arbitration, each party shall select one person, who shall have a minimum of three (3) years arbitration experience, to act as an arbitrator and the two (2) selected shall select a third arbitrator, also to have a minimum of three (3) years arbitration experience within ten (10) days after their appointment. If the arbitrators selected by the parties are unable to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The award rendered shall be final and binding on the parties. Judgement upon the award may be entered in any court having jurisdiction in Middlesex County, New Jersey. The award shall be in writing, shall be signed by a majority of the arbitrators, and shall include a statement setting for the reasons for the disposition of any claim. It is the intent of the Parties, barring extraordinary circumstances, arbitration proceedings will be concluded within sixty (60) days from the date the panel of arbitrators has been constituted. The arbitral tribunal may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award. The arbitrator shall have no authority to award punitive or other damages not measured by the prevailing parties actual damages, except as required by statute; notwithstanding the foregoing, the arbitrator may award the "Costs and Fees" referenced in this section. In no event shall actual damages awarded in an arbitration, not including "Costs and Fees", initiated under this Section, exceed the amount set forth in the limitation of liability in Section 4 of this Return Policy. The Parties agree that they will not request, and the arbitrators shall have no authority to award, punitive or exemplary damages against either party. The arbitrators shall award to the prevailing party, if any, as determined by the arbitrators, all of the prevailing party's costs and fees. "Costs and Fees" means all reasonable pre-award expenses of the arbitration including the arbitrator's fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone costs, court costs, witness fees, and attorney's fees. No Dispute under this Agreement shall be referred to Arbitration under this Section until such Dispute has been presented to the respective presidents or senior executives of Distributor and Dreamwave Networks for their consideration and resolution pursuant to Section 6.3.
6.7
Within thirty (30) days of receipt of any award (which shall not be binding if an appeal is taken) any party may notify the AAA of an intention to appeal to a second arbitral tribunal, constituted in the same manner as the original tribunal. The appeal tribunal shall be entitled to adopt the initial award as its own, modify the initial award or substitute its own award for the initial award. The appeal tribunal shall not modify or replace the initial award except for clear errors of law or because of clear and convincing factual errors. The award of the appeal tribunal shall be final and binding, and judgment may be entered by a court having jurisdiction thereof.
6.8
If a party is in need of emergency relief prior to the constitution of the arbitration panel, that party shall notify AAA and request that the Option Rules for Emergency Measures of Protection be utilized, in lieu of seeking a court injunction. The party requesting emergency relief shall notify the AAA and all other parties in writing of the nature of the relief sought and the reasons why such relief is required on an emergency basis. The application shall also set forth the reasons why the party is entitled to such relief. Such notice may be given by facsimile transmission, or other reliable means, but must include a statement certifying that all other parties have been notified or an explanation of the steps taken in good faith to notify other parties.
6.9
All aspects of the Matter, of the Dispute, and of its arbitration shall be treated as Confidential Information. Neither the Parties nor the Arbitrator may disclose any information about the Matter, the existence, content, or results of the arbitration, except as necessary to enforce award or to comply with legal or regulatory requirements. Before making any such disclosure, the Party intending to make the disclosure shall give the non-disclosing Party at least twenty (20) days prior written notice of such intention to afford the non-disclosing Party a reasonable opportunity to protect its interests.