Product Return Policies and Procedures

Product Return Policies and Procedures

Purpose

The purpose of this document is to describe the policies and procedures for the return of saleable products by customers to TSM Performance (hereinafter “TSM”). Any exceptions to the policies and procedures described herein require prior approval from TSM.

Definitions

MTS (Make-to-Stock) products: MTS products are held in inventory.

MTO (Make-to-Order) products: MTO products are only made when a customer order requires the product.

Policy

1. Returns – Product returns will be accepted that meet the following conditions:

  1. Only products shipped from TSM within the last 60 days will be considered for return.
  2. Only MTS products in a saleable condition will be considered for return and credit.
    1. Saleable condition is defined as meeting the same standards as newly manufactured/sourced products and must be in the original packaging with all the instructions, warnings, etc. TSM reserves the right to determine the salability of a product.
    2. Returns of MTS products over the threshold quantity, as detailed on the MTS list, must be approved by TSM.
  3. Any products that have been discontinued or made obsolete will not be considered for return.
  4. Products that were specially configured for the customer (MTO products) will not be considered for return, unless the return is due to an error made by TSM.
    1. A list of all Made to Order (MTO) Products is available from Customer Service. These can only be returned when TSM makes an error preparing the shipment. All other products are Made to Stock (MTS).
  5. Products with a shelf life are not eligible for return. This includes, but is not limited to: batteries, sensors, instrumentation containing sensors and batteries, and Made to Order (MTO) products.
    1. A list of all products with a limited shelf-life is available from Customer Service.
  6. Items that were ordered in connection with natural disasters, pandemics, or similar situations are final upon shipment from TSM’s facility and will not be considered for return.
  7. Items returned for possible warranty claims, please see TSM Performance One-Year Limited Warranty.

2. Fees – the following charges will apply for returned products:

  1. Restocking Charge
    1. TSM will impose a 25% restocking fee on each product returned, unless the return is due to a TSM error or where alternative arrangements have been agreed between both parties. A minimum restocking charge ($25.00 USD) may be applied to any transaction.
  2. Refurbishment Charge:
    1. A refurbishment charge, in addition to a restocking charge, may be imposed to bring the material to its original specification. The charge will be based on the cost of materials and labor incurred to bring the material to original specification compliance and will be communicated.
    2. In the event the restocking and/or refurbishment charges exceed the value of the returned product(s), destruction of the products or return to you will be agreed upon.
  3. Transportation Charge
    1. Transportation of your products to TSM may be charged to you, dependent on the originally agreed responsibility for transportation costs as well as the reason(s) for returning your products to TSM.

3. Return of products from TSM shipping error
For products that are returned as a result of an error made by TSM i.e., incorrect part number, incorrect quantity, incorrect product, or duplicate shipment, the following applies:

  1. No restocking charge will be imposed.
  2. No transportation charges will be imposed.
  3. 100% credit will be issued if TSM is notified within 7 days after receipt of the product(s) at the place of delivery.

4. Products damaged while in transit
The liability for damage to products during transportation is dependent on the “Inco Terms” that apply to the shipment. With the Inco Terms as stipulated on the invoice, the place of delivery is defined where ownership of and responsibility for products changes from TSM to the customer. Dependent on where and when the products were damaged related to the agreed Inco Terms, the customer or TSM will be responsible for the following:

  1. In cases where damage to the product(s) took place under TSM responsibility:
    1. TSM will credit the damaged products or replace the damaged products free of charge.
    2. Customer must inform TSM of the damaged product(s) within 7 days after receipt of the product.
  2. In cases where damage to the product(s) took place under customer’s responsibility:
    1. The customer must file a claim with the carrier that transported the product.
    2. A new order with TSM to replace the damaged product(s) may be placed.
    3. Customer retains payment responsibility for damaged products while in the claims process with the carrier.

Procedure for Returning Products

Products that are returned to TSM require a Return Material Authorization (RMA) which is issued by TSM.

The following information will be required to issue the RMA:

  1. TSM invoice number and Customer name
  2. Date of purchase
  3. Part number/description/quantity (if items were purchased in pack quantities, then only full pack quantities will be accepted for return)
  4. Reason for the return
  1. Shipping returns to TSM with an RMA
    1. Products authorized to be returned on the RMA will be shipped to the return address as indicated on the RMA.
    2. TSM should receive returned products within 30 days after issuing the RMA. After 30 days, the RMA becomes void.
    3. If TSM is organizing the transportation of the products to be returned, instructions will be provided by TSM to organize the collection of the products to be returned by a carrier selected by TSM.
  2. Inspection of returns at TSM
    1. Only material in sellable condition will be considered for return and credit. At the arrival of returned products, TSM will determine whether returned products are in a sellable condition.
    2. Products received in a non-salable condition will be handled in one of the following ways:
      1. Refurbishment of the products returned – TSM will determine refurbishment costs and inform the customer.
      2. Destruction of product(s) with customer approval, including any applicable scrapping charges.
      3. Return of the product to the customer, including any applicable transportation charges.