Common use of Special Products Clause in Contracts

Special Products. A Special Product includes any product which is made to order or has any degree of deviation in drawing, design, material, specification, usage, or labeling from the Standard Products offered in the most recent published catalog. Orders for Special Products are non- cancellable and nonreturnable. If Customer rejects any delivery of Special Products, in whole or in part, Customer is still liable for the full purchase price of such order. RETURN POLICY. Subject to certain restrictions, new, unused, and unopened Standard Products may be returned to ECM Industries LLC, with a two for one qualifying offsetting order, after receiving a Return Merchandise Authorization (RMA) from ECM Industries LLC (“Authorized Returns”). To obtain an RMA, contact the ECM Customer Services Department. Returns are subject to return freight charges and a 25% restocking fee, except for surge products which shall be subject to a 30% restocking fee. Authorization will not be given for the return of Products (i) which would, in ECM Industries LLC’s sole opinion, result in an excess in the amount of stock ECM Industries LLC normally carries, (ii) which are discontinued Products, (iii) which were not invoiced within the previous twelve (12) month period, (iv) which have a Return Value (as defined below) greater than 10% of Customer’s aggregated sales invoiced for the previous twelve (12) month period, (v) which are Special Products, or (vi) Special Store or Online Orders. Unauthorized returns or returns not easily identified may be refused, credit denied, and returned freight collect. SECURITY INTEREST. Where allowed by prevailing law, ECM Industries LLC shall have a lien on all Products sold as security for payment on the invoice price, and upon request Customer shall provide and execute a financing statement showing such lien.

Special Products. A Special Product includes any product which is made to order or has any degree of deviation in drawing, design, material, specification, usage, or labeling from the Standard Products offered in the most recent published catalog. Orders for Special Products are non- non-cancellable and nonreturnable. If Customer rejects any delivery of Special Products, in whole or in part, Customer is still liable for the full purchase price of such order. RETURN POLICY. Subject to certain restrictions, new, unused, and unopened Standard Products may be returned to ECM Industries LLC, with a two for one qualifying offsetting order, Power Products LLC after receiving a Return Merchandise Authorization (RMA) from ECM Industries Power Products LLC (“Authorized Returns”). To obtain an RMA, contact the ECM your Customer Services DepartmentRepresentative or Technical Services Representative. Authorized Returns are subject to return freight charges and a 25% restocking fee, except for surge products which shall be subject to a 3020% restocking fee. Authorization will not be given for the return of Products (i) which would, in ECM Industries Power Products LLC’s sole opinion, result in an excess in the amount of stock ECM Industries Power Products LLC normally carries, (ii) which are discontinued Products, (iii) which were not invoiced within the previous twelve (12) month period, (iv) which have a Return Value (as defined below) greater than 10% of Customer’s aggregated sales invoiced for the previous twelve (12) month period, or (v) which are Special Products, or (vi) Special Store or Online Orders. Unauthorized returns or returns not easily identified may be refused, credit denied, refused and returned freight collect. SECURITY INTERESTAuthorized Returns must be in their original packaging, and, unless otherwise agreed to by Power Products LLC in writing, Customer is responsible for risk of loss and shipping and handling fees for Authorized Returns. Where allowed by The “Return Value” for Authorized Returns shall be the lesser of (i) the prevailing lawfair market value of such products at the time the RMA is issued or (ii) Customer’s original purchase price for the products, ECM Industries LLC adjusted for bundling and promotional pricing, if applicable. The Return Value shall have be paid in the form of a lien on all credit to Customer’s account to be used for future purchases of Products. Special Products sold as security for payment on the invoice price, and upon request Customer shall provide and execute a financing statement showing such liendiscontinued Standard Products are nonreturnable.