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 |