Generally.

 The Parties acknowledge that this Upserve Hardware Return and Exchange Policy (the “Policy”) shall govern the return or exchange, as applicable, of any new Hardware purchased by Merchant from Upserve pursuant to a valid Order Form. With respect to applicable Hardware returns, Merchant may choose to receive either: (i) a refund in the amount of the applicable Refund Amount (a “Refund”); or (ii) a statement credit in the amount of the applicable Refund Amount with respect to future Fees incurred by Merchant with respect to the SaaS Services ordered by Merchant (a “Credit”). Eligible returns will be assessed a restocking fee (a “Restocking Fee”). Eligibility for returns or exchanges, as well as the Refund Amount, shall be dependent upon the date of delivery of the applicable Hardware (evidenced by the applicable FedEx tracking information) (the “Delivery Date”), as follows:

 

First 30 days following the Delivery Date
  Refund Amount Restocking Fee
Refund 90% of Fees attributable to returned Hardware as identified on the Order Form 10% of Fees attributable to returned Hardware as identified on the Order Form
Credit 90% of Fees attributable to returned Hardware as identified on the Order Form 10% of Fees attributable to returned Hardware as identified on the Order Form
Exchanges Merchant will be eligible to receive new replacement Hardware subject to the terms of this Policy

 

31 – 90 days following the Delivery Date*
  Refund Amount Restocking Fee
Refund 75% of Fees attributable to applicable returned Hardware as identified on the Order Form. 25% of Fees attributable to applicable returned Hardware as identified on the Order Form
Credit 75% of Fees attributable to applicable returned Hardware as identified on the Order Form 25% of Fees attributable to applicable returned Hardware as identified on the Order Form
Exchanges Merchant will be eligible to receive refurbished replacement for manufacturer-warrantied Hardware subject to the terms of this Policy
* Returns or exchanges will not be processed with respect to any Accessories, as defined below.

 

90 – 180 days following the Delivery Date*
  Refund Amount Restocking Fee
Refund Merchant will not be eligible to receive a Refund
Credit 50% of Fees attributable to applicable returned Hardware as identified on the Order Form 50% of Fees attributable to applicable returned Hardware as identified on the Order Form
Exchanges Merchant will be eligible to receive refurbished replacement for manufacturer-warrantied Hardware subject to the terms of this Policy
* Returns and exchanges will not be processed with respect to any Accessories, as defined below.

 

180 days to 1 year following the Delivery Date*
  Refund Amount Restocking Fee
Refund Merchant will not be eligible to receive a Refund
Credit Merchant will not be eligible to receive a Credit
Exchanges Merchant will be eligible to receive refurbished replacement for manufacturer-warrantied Hardware subject to the terms of this Policy
* Returns and exchanges will not be processed with respect to any Accessories, as defined below.

 

Hardware Return Process.

 

In the event that Merchant wishes to return eligible Hardware, Merchant must contact Upserve Support to initiate the return, and to indicate whether Merchant would like a Refund or Credit. Upserve will e-mail Merchant a return shipping label for the returned Hardware within seventy-two (72) business hours of Merchant’s request, which Merchant must use to initiate the return within the first thirty (30) days following Upserve’s creation of the return shipping label. In the event that Merchant fails to initiate the return within the time period referenced in the preceding sentence, Merchant’s return case will be deemed closed and Merchant will not be entitled to a Refund or Credit based upon Merchant’s initial attempt to return the Hardware. Returned Hardware must be received by Upserve in good working condition with no material physical defects, which shall be determined at Upserve’s sole but reasonable discretion, unless the Hardware was otherwise deemed by Upserve to be faulty within the first thirty (30) days following the Delivery Date. In the event that returned Hardware is not deemed to be in good working condition, or has material physical defects, Merchant will not be entitled to receive a Refund or Credit with respect to such Hardware. Refunds will be processed within thirty (30) business day following Upserve’s receipt of the eligible Hardware via ACH deposit to the bank account on file with Upserve. Credits will be processed and visible within Merchant’s Upserve account within thirty (30) business days following Upserve’s receipt of the eligible Hardware. Neither Refunds nor Credits will include any shipping and handling fees paid by Merchant.

 

Exchange Process.

 

Eligible Hardware may only be exchanged for a replacement item of the same model number and specifications. In the event that Merchant wishes to exchange eligible Hardware, Merchant must contact Upserve Support to initiate the exchange. In an attempt to ensure continuity, Upserve will ship to Merchant refurbished replacement Hardware in advance of receiving the exchanged Hardware. Upserve will e-mail Merchant a return shipping label for the exchanged Hardware within seventy-two (72) business hours of Merchant’s request, which Merchant must use to initiate the exchange within the first forty-five (45) days following Upserve’s creation of the return shipping. In the event that Merchant accepts delivery of the replacement Hardware yet fails to ship the exchanged Hardware within the time period referenced in the preceding sentence, Merchant will be charged the then-current retail price for the replacement Hardware in the manner contemplated for payment of Fees under the terms of the Master Subscription Agreement.  Returned Hardware not exchanged under a manufacturers’ warranty must be received by Upserve in good working condition with no material physical defects, which shall be determined at Upserve’s sole but reasonable discretion, unless the Hardware was otherwise deemed by Upserve to be faulty within the first thirty (30) days following the Delivery Date. In the event that non-warrantied exchanged Hardware is not deemed to be in good working condition, or has material physical defects, Merchant will not be entitled to receive a Refund or Credit with respect to such Hardware. Following the exchange of Hardware contemplated within this paragraph, Merchant will retain the refurbished replacement Hardware, and Upserve will retain the exchanged Hardware.

 

Accessories

 

As contemplated within this Policy, certain Accessories are only eligible for returns or exchanges within the first thirty (30) days following the Delivery Date, and thereafter returns or exchanges for Accessories will not be processed. The list of Accessories can be found below, and may be updated by Upserve from time-to-time in its sole discretion.

 

Accessories
SKU Description
1051-5 Cash Drawer insert for Breadcrumb
10X5-82401 Cat5 Network Cables 1′ Blue
10X5-82407 Cat5 Network Cables 7′ Blue
10X5-82415 Cat5 Network Cables 15′ Blue
10X5-82425 Cat5 Network Cables 25′ Blue
10X5-82435 Cat5 Network Cables 35′ Blue
10X5-82450 Cat5 Network Cables 50′ Blue
10X5-824HD Cat5 Network Cables 100′ Blue
C825343 Epson PS 180 Power adapter
CR80.030 Breadcrumb Pin-In Cards
CU6 Vault SKU# CORD-U6-90R-BLK 6f
ERC-38BR Black/Red ink ribbon for TM-U2
FRU-001-001 Quickcharge Adapter for Tableside
FRU-002-001 1m USB C Cable for Upserve Tableside
FRU-003-001 Hand Strap for Upserve Tableside
FRU-004-001 Belt Clip for Upserve Tableside
K-18-EPSON-NCMS MS-Cash Drawer/Printer Interface Cable
MA-PWR-30W-US LEGACY MERAKI AC ADAPTER
MA-PWR-30WAC Meraki MX64 Replacement Power
MD836LL/A Apple 12W USB POWER ADAPTER
RPB3.0-165 50pk Kitchen Printer Paper
RPT3.125-230 50pk Receipt Thermal Printer Paper
U280-002-W12 TrippLite 2-Port USB Wall/ Travel