Product Claims Policy
Effective November 1, 2022
1. DEFINITIONS. Certain terms, hereinafter defined, shall have the following meaning:
1.1 “Contractee” shall mean the entity identified as the contractee or the other contracting party in a Supply Agreement.
1.2 “Customer” shall mean the individual or entity identified as the customer in the Sales Order.
1.3 “Daxwell” shall mean Daxwell, LLC and its subsidiaries and affiliates, including F&W Plastics, LLC d/b/a Daxwell Distribution.
1.4 “Notification Period” shall mean the Inspection Period specified in any Sales Order or Supply Agreement; the period specified for the Title Warranty in any Sales Order or Supply Agreement; or the period specified for the Quality Warranty in any Sales Order or Supply Agreement, as applicable.
1.5 “Product(s)” shall mean the items set forth in the Sales Order or Supply Agreement.
1.6 “Sale(s)” shall mean the provision by Daxwell and purchase by Customer of Products.
1.7 “Sales Order” shall mean any sales order form or EDI 855 purchase order acknowledgment issued by Daxwell to Customer.
1.8 “Supply Agreement” shall mean the supply agreement from or a similar master agreement by and between Daxwell and Contractee.
2.1 This Product Claim Policy shall be applicable to and govern all claims related to all Sales pursuant to or under a Sales Order or a Supply Agreement, and all Sales which are made subject to this Product Claims Policy.
2.2 This Product Claims Policy shall not be applicable to or govern any orders made by a consumer through Daxwell’s e-commerce website (www.daxwell.com).
3. ALLOWED BASES FOR A CLAIM.
3.1 A claim may be made if Customer believes that the Products do not adhere to the Title Warranty or the Quality Warranty contained in a Sales Order or Supply Agreement. With respect to the Quality Warranty, Customer shall provide photographic evidence of the claimed issue with the Product or allow Daxwell personnel to physically inspect and/or test the product upon request.
3.2 A claim may be made by Customer related to Products damaged in transit by a Daxwell carrier. Picture evidence of the damaged Product taken at the time of delivery (i.e. when the order is unloaded at Customer’s location) and an appropriate Proof of Delivery document signed by Customer and the Daxwell carrier must be provided for all such claims.
3.3 A claim may be made by Customer related to Products that were not ordered, that were not delivered in the correct quantity (i.e., overage or shortage), that were delivered late, or that were delivered to the incorrect destination. For overages or shortages, the subject line should include the Customer purchase order number, the Daxwell delivery number, and the quantity of over or shorted items. An appropriate Proof of Delivery document signed by Customer and the Daxwell carrier at the time of delivery clearly indicating the mis-shipped items and quantities must accompany any claim. If Customer alleges shortages, picture evidence from the Customer of the products clearly showing the shortage taken at the time of delivery (i.e. when the order is unloaded at customer’s location) is required. If customer elects to retain and accept Products involving an overage, shortage, or other mis-ship issue, the Returns Coordinator will process the appropriate debit or credit entry to the invoiced amount.
4. MAKING A CLAIM.
4.1 To make a claim, a Customer must request a Return Authorization Number (“RA”). Below are the methods to request an RA:
4.1.1 Call or email your designated Customer Support Representative, or
4.1.2 Email the Daxwell return goods email address at: firstname.lastname@example.org.
4.2 An RA must be requested within the applicable Notification Period. Requesting an RA does not guarantee that Daxwell will approve the claim.
4.3 Customer shall provide Daxwell with all reasonably requested information related to a product claim and afford Daxwell a reasonable opportunity to examine and test the Product that is the basis for the claim.
4.4 If after a reasonable investigation Daxwell approves the claim, a Daxwell representative will provide Customer with an approved RA.
4.5 If an RA is requested concerning a Product within the applicable Notification Period and Daxwell approves the claim, the Product subject to the approved claim shall be returned to Daxwell (at Daxwell’s election and expense and in compliance with this policy) and Daxwell will either replace the Product or provide a credit or refund for the Product, at Daxwell’s election. If Daxwell is not notified of a claim related to a Product within the applicable Notification Period, no claim may be made. If a Product that is the subject of an approved claim is not returned to Daxwell within the authorized return period, if Daxwell requires return, the claim shall be deemed waived.
4.6 The RA must accompany all return shipments; shipments arriving without an RA will be refused (the RA may be referenced on a bill of lading).
4.7 All RAs will expire 60 days from the date they are issued. No replacement product or credit will be given for any products covered by an RA that are returned after this period.
5. REPLACEMENTS, CREDITS, OR REFUNDS.
5.1 If Daxwell elects to provide replacement Product, Customer will be directed to provide a new purchase order to Daxwell. Daxwell will then provide replacement product within a reasonable time following receipt of the new purchase order and the returned product, if Daxwell requires the Product to be returned, or within a reasonable time following Daxwell’s receipt of the new purchase order, if Daxwell does not require the Product to be returned.
5.2 If Daxwell elects to issue a credit, it will issue a credit memo to Customer within 5 business days of receipt of the returned Product, if Daxwell requires the Product to be returned, or within 5 business days of Daxwell’s approval of the claim, if Daxwell does not require the Product to be returned.
5.3 If Daxwell elects to issue a refund, it will issue a check to Customer within 5 business days of receipt of the returned Product, if Daxwell requires the Product to be returned, or within 5 business days of Daxwell’s approval of the claim, if Daxwell does not require the Product to be returned.
5.4 An authorized credit or refund amount will be based on the last invoiced purchase price for each Product in the approved claim, less the applicable cash discount.
5.5 No credit or refund will be authorized for Products damaged in transit during the return to Daxwell.
5.6 All returned Product must be in its original delivered condition.
5.7 Deductions must not be taken against the original invoice and should be taken only after the credit memo has been issued.
5.8 Daxwell reserves the right to offset unauthorized return deductions against any payments due to a Customer.