POLICY DESCRIPTION
 
This policy allows customers and channel partners of Agilent Technologies to cancel orders and return products under limited circumstances and subject to certain conditions. For order cancellation, the policy addresses orders for standard products and orders for custom products and the related cancellation fee thereon. For product returns, the policy explains Agilent approval processes, product eligibility criteria, associated return charges, and credit releases.
 
 
ORDER CANCELLATION
 
A.  Standard Products
Agilent Direct Customers utilizing Agilent Terms of Sale or having a duly negotiated valid purchase agreement in place; may cancel orders for products prior to delivery for any reason. If Agilent receives notice of cancellation prior to shipment by Agilent, there will be no charges or fees assessed. If Agilent receives notice of cancellation during or after shipment but prior to delivery to the customer, Agilent will charge up to 15% of the net purchase price of the product as a return/restocking fee.

Agilent authorized Channel Partners may cancel orders for products for any reason if Agilent receives a notice of cancellation prior to shipment, however Agilent will charge up to 15% of the net purchase price of the product as a cancellation fee.  

Any cancellation notice received during or after shipment shall be treated as a product return.  Agilent will charge up to 15% of the net purchase price of the product as a cancellation/restocking fee for all such cancellations and product returns. 
 
B.  Custom Products
Unless specified in an existing contract, orders for custom products (i.e., products designed, manufactured or configured to meet specific customer requirements) may not be cancelled without Agilent approval. Cancellation approvals shall be subject to up to 15% cancellation fees as in clause A. above.
 
 
PRODUCT RETURNS
 
A.  Approval Processes
 
The requirements for product return are as follows:
 
  1. The product is eligible for return under section (B) below.
  2. The customer makes the request for return within 60 days of the applicable product’s shipment date.
  3. The request is not a claim that the product is defective (product defect claims are not covered by this policy, but rather by the warranty terms in the applicable customer contract or the Agilent Warranty Policy).
Upon approval for a product return, Agilent will issue a “return authorization number” to the customer, which may be used at any time within the next 60 days to return the product to Agilent.
 
B.  Product Eligibility
 
Products are eligible for return to Agilent as follows:
 
  1. When the product has been ordered by the customer in error, the following types of products are NOT eligible for return:

    -      Custom products (i.e, products designed, manufactured or configured to meet specific customer requirements);

    -      Repair parts that are flagged by Agilent as non-returnable; Products with shelf life.

    -      Dangerous or Hazardous Materials

    -      Opened Software

    -      Opened/Used Products

    -      Obsolete Products

    -      Cool or Cold Shipments
  2. When there is an Agilent error associated with the product, including the following:

    -    the Customer receives a product different from the product ordered;

    -    the Customer receives a product damaged in transit; or

    -    the customer receives a “DOA” (dead on arrival) product
  3. Any product that is identified as eligible for return by Agilent.
 
C.  Product Return Charges
 
  1. For returns based on customer error, Agilent may at its discretion charge 15% of the net purchase price of the product as a return/restocking fee. If a return fee is charged, it may be deducted from the return credit to the customer.
  2. For returns based on customer error where the customer has operated the product, Agilent may at its discretion charge an additional fee for the refurbishment of the product. If a refurbishment fee is charged, it may be deducted from the return credit to the customer.
  3. For returns based on customer error, the customer will pay return freight charges to the Agilent specified location.
  4. For returns based on Agilent error, Agilent will pay return freight charges and the customer will not be charged any return/restocking or refurbishment fees.
 
D.  Stock Re-Adjustments
 
An Agilent Stocking Channel Partner may return Products once per quarter under the Stock Readjustment program as per the terms of their agreement; provided that such Products are received by Agilent within 12 months of their shipment in their unopened, original packaging, and be marketable as new merchandise. Stock Adjustment Returns shall attract a 15% restocking fee per clause C(1) of this Policy.
 
E.  Release of Credit
 
Credit memoranda over US$500 (or the local currency equivalent) will not be issued to the customer until the product has been physically received by Agilent. In its discretion Agilent may provide credit memorandums under $500 to the customer prior to product receipt. 
 
 
PRODUCT RETURNS (Continued)
 
Credit memorandums are calculated as follows: the original invoice amount less any of the charges listed in Section (C) above. Post-invoice price changes to the subject product, both decreases and increases, will not affect the credit calculation.
Credit memorandums will be issued to customers within 15 working days from the date the subject product has been physically received by Agilent.
 
 
 
PRECEDENCE
 

In the event and to the extent of a conflict between the terms of any customer contract and the terms of this policy, the terms of the customer contract will take precedence.