Return of Products purchased hereunder, whether for stock balancing purposes or because such Products are claimed to be defective, shall be governed by NCA’s Product Return policies as set forth in NCA’s Wholesale Catalog in effect on the date of this agreement, or as otherwise provided by NCA to Buyer in writing. NCA reserves the right to modify or eliminate such policies at any time. Although NCA’s policies may permit Buyer to return Products claimed to be defective under certain circumstances, NCA makes no representations or warranties of any kind with respect of the Products. NCA HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NCA WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, COST OR EXPENSE FOR BREACH OF WARRANTY. The right to return defective products, as previously described, shall constitute NCA’s sole liability and Buyer’s exclusive remedy in connection with any claim of any kind relating to the quality, condition, or performance or any product, whether such claim is based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise. In the event NCA issues a return authorization to Buyer allowing Buyer to return Product to NCA, Buyer will deliver the Product to NCA’s address in the United States, if so required by NCA, and Buyer shall bear all applicable federal, state, municipal and other government taxes (such as sales, use and similar taxes) as well as import or customs duties, license fees and similar charges, however designated or levied on any replacement Product to be shipped by NCA to Buyer. Non-defective returns will be subject to a 20% restock fee. All returns must be in original packaging with all manuals and cables included.