Credit for any returned Product, if such credit is due, will be issued based on the lesser of the original invoice price or the current selling price. The issuance of a credit is contingent upon Hydrolico’s satisfaction upon receipt of the Product and compliance with the return procedures provided in the previous paragraph. Special orders and Custom Products, including but not limited to cut rods and tubes, cannot be returned. Hydrolico may charge the Customer a restocking fee, which shall not exceed twenty percent (20%) of the amount initially invoiced to the Customer for the returned Product, in addition to all shipping costs (including, for greater certainty but not limited to, any applicable taxes or customs duties). This invoice is due within fifteen (15) days of receipt. The payment terms of article 6 apply with the necessary adjustments. 9 Custom Products Hydrolico may choose to prepare one (1) or more drawings for the design of Customized Products on behalf of the Customer based on the Customer's design and instructions. Hydrolico will provide a copy of these drawings to the Customer as a submission for the manufacturing of a Custom Product. To accept Hydrolico's submission, the Customer must sign and return the drawings to Hydrolico by email or by any other method acceptable to Hydrolico. The Customer’s signature on these drawings will constitute a verification by the Customer that Hydrolico’s design of the Custom Product meets the Customer's requirements. In the event that the Customer provides one (1) or more of its own drawings for Hydrolico to manufacture a Custom Product, Hydrolico may make necessary changes, consistent with Hydrolico's design and manufacturing capabilities, and subsequently provide the Customer with drawings approved by Hydrolico for Customer's acceptance and signature. Drawings signed by the Customer in accordance with the provisions of this section (“Signed Drawings”) will form part of these Terms with respect to the applicable Products, regardless of the original supplier of these drawings or if changes are made to them by Hydrolico or the Customer. Once Hydrolico receives the signed drawings, Hydrolico will not modify any Key Attributes (defined below) of a custom Product design without obtaining the Customer's consent. The Customer's signature on the updated drawing(s) shall constitute the Customer’s consent to these modifications. Once Hydrolico receives the signed drawings, the Customer must request any changes to any Key Attributes in the Custom Product design, by providing Hydrolico, or by requesting Hydrolico to provide updated drawings that reflect these proposed or requested changes to the design for the Customer's signature. Hydrolico's acceptance of any updated design will be communicated to the Customer in writing. As used here, “Key Attribute” includes bore diameter, stroke, retracted length, and mounting type. Hydrolico may choose, but is not required, to allow the Customer to designate in writing one (1) or more attributes of the general appearance, design, dimensions, or other attributes of a Custom Product as a Key Attribute for purposes of these Terms. Hydrolico reserves the right to authorize or make changes to any attribute of a Custom Product, other than a Key Attribute, as is reasonably necessary for Hydrolico to manufacture that Product in accordance with Hydrolico's design, material procurement, and manufacturing capabilities. Notwithstanding the foregoing, Hydrolico reserves the right to authorize or make changes to any Custom Product for which the Customer signed drawings prior to January 16, 2015, including any Key Attribute and its related signed drawings, without obtaining the consent of the Customer. The Customer is fully liable for the design, quality, and functionality or lack thereof of any Custom Product, including, but not limited to, any cylinder, hydraulic power unit, or other Products. Hydrolico assumes no liability for the operation or use by the Customer or the end user of such Custom Product. All drawings, special tools, dies, models, templates, and assemblies created, purchased or supplied by Hydrolico will be and remain the exclusive property of Hydrolico and the Customer will have no rights over them. The Customer who provides drawings to Hydrolico states and guarantees that he has the Intellectual Property Rights (as defined in article 12) to these designs or authorization from the owner of these Intellectual Property Rights to have the Custom Products manufactured by Hydrolico.
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