TERMS AND CONDITIONS
SHIPMENT:
a) In the absence of specific shipping instructions, ASCENDANCE will ship by the method it deems most advantageous. Unless otherwise specified, PRODUCT shall be shipped in standard commercial packaging deemed appropriate by ASCENDANCE.
b) ASCENDANCE will drop ship purchases to locations specified by Customer under the terms and conditions herein pursuant to written instructions received by ASCENDANCE. Any changes in these instructions must be received in writing by ASCENDANCE prior to shipment. Any shipments to addresses within California, the recipient must have a valid California resale certificate on file with ASCENDANCE prior to shipment. If no resale certificate is received by ASCENDANCE and Customer wishes to continue with drop shipment, California sales tax for the retail amount must be collected prior to shipment.

DELIVERY:
a) Delivery will be made FOB ASCENDANCE'S facility, Auburn, California, or the particular shipping point designated by ASCENDANCE in its verbal acknowledgment of the purchase order. The time of delivery is the time the PRODUCT is delivered by ASCENDANCE to the freight carrier.
b) Title for the PRODUCTS shall pass to the Customer upon delivery by ASCENDANCE to the freight carrier. Customer shall be responsible for and bear the entire risk of loss or damage to the PRODUCTS once PRODUCT has left ASCENDANCE’S facility.
c) If the PRODUCTS are held or stored at the Customer's request for more than thirty (30) days, the Customer shall be liable for an agreed upon ASCENDANCE storage charge not to exceed 10% of the invoiced cost of the PRODUCTS stored.
d) Delivery will be made either on the date specified on the Customer's written purchase order or on the date specified on ASCENDANCE'S written or verbal acknowledgment, whichever is later. This date is the scheduled delivery date. Customer requests to delay delivery that are made more than thirty (30) days before delivery, will be accommodated at no cost to Customer as long as the length of delay requested is for less than ten (10) days. Requested delays of more than ten (10) days, at ASCENDANCE'S option, may be treated as CANCELLATIONS.

CANCELLATION AND RETURNS:
a) Provided that an order has not been shipped, Customer may, at any time, terminate part of or all of a purchase order placed by it hereunder, unless Customer ordered a SPECIAL ORDER product adn it has been received by ASCENDANCE.
b) In the event the Customer wishes to return PRODUCT to ASCENDANCE after it has been shipped, a credit will be issued only if the following criteria are met. NO REFUNDS WILL BE MADE.
c) Customer must contact ASCENDANCE and request an RFC (Return For Credit) number prior to returning PRODUCT. PRODUCT RETURNED TO ASCENDANCE WITHOUT AN RFC NUMBER WILL BE REFUSED.
d) PRODUCT RETURNED FOR CREDIT MUST BE RECEIVED BY ASCENDANCE WITHIN THIRTY (10) DAYS FROM ORIGINAL SHIP DATE.
e) Customer must clearly label the outside of box with the RFC number returned to ASCENDANCE.
f) Customer shall pay all transportation charges to ASCENDANCE'S facility for the return of the PRODUCT
g) Customer shall pay a twenty-percent (20%) restocking charge of the purchase price for all standard PRODUCTS. Special order PRODUCTS cannot be returned.
h) All shipping and handling charges will not be credited.
i) Software, licenses and security upgrade packets cannot be returned for credit.
j) All items to be returned for credit must be returned in working order and include all accompanying documentation, software and accessories.

WARRANTY AND REPLACEMENT PRODUCT:
a) ASCENDANCE products include a one year limited warranty from the date of purchase that covers any manufacturing defects, in material and/or workmanship. This warranty does not cover damage due to misuse, natural disasters, shipping damage, alterations to product, or acts of god or war.
b) ASCENDANCE makes no other warranties of any kind, either implied or expressed, including warranties of merchantability and fitness for a particular use.
c) ASCENDANCE is not liable for any incidental, accidental, consequential or punitive damages, and any breech of warranty or otherwise.
d) If a defect does occur: ASCENDANCE retains the right to replace or repair PRODUCT, at its sole discretion. Customer will contact ASCENDANCE technical support department and report potential product failure. If ASCENDANCE technical support determines product is defective, an RMA (Return Material Authorization) number will be issued to Customer authorizing them to return product to ASCENDANCE. ASCENDANCE will repair or replace product in a timely manner. Customer must properly package PRODUCT to be returned to ASCENDANCE to ensure it is not damaged during transit. ASCENDANCE is not responsible for any damage that may occur during shipping to its office. Sufficient insurance is the responsibility of the shipper. Customer must clearly label the outside of box with the RMA number issued by ASCENDANCE.PRODUCT RETURNED TO ASCENDANCE WITHOUT AN RMA NUMBER WILL BE REFUSED. Customer agrees to pay all transportation costs to return the defective PRODUCT to ASCENDANCE.

INSPECTION:
Customer agrees that it will promptly examine all PRODUCTS when they are received in the presence of the freight carrier, and that it will notify ASCENDANCE in writing, within ten (10) days of the receipt of such PRODUCTS, of all shortages and/or damages claimed to have occurred during shipment. Within a reasonable time, ASCENDANCE will investigate the claim and notify the Customer of its findings and deliver to Customer any parts missing or damaged at the time of shipment. ASCENDANCE will not be responsible for shortages or damages at the time of shipment unless the Customer makes claim within ten (10) days of the receipt of the PRODUCTS. The Customer shall make claims for shortages and damages occurring in transit from the point of shipment against the carrier of the PRODUCTS