Return of Products purchased hereunder, whether for stock balancing purposes or because such Products are claimed to be defective, shall be governed by NCT's Product Return policies as set forth in NCT's Wholesale Catalog in effect on the date of the invoice, or as otherwise provided by NCT to Buyer in writing. NCT reserves the right to modify or eliminate such policies at any time. Although NCT's policies may permit Buyer to return Products claimed to be defective under certain circumstances, NCT makes no representations or warranties of any kind with respect to the Products. NCT 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. NCT 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 NCT's sole liability and Buyer's exclusive remedy in connection with any claim of any kind relating to the quality, condition or performance of 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 NCT issues a return authorization to Buyer allowing Buyer to return Product to NCT, Buyer will deliver the Product to NCT's address in the United States, if so required by NCT, 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 NCT to Buyer.