Terms & Conditions

By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.

Orders

All orders placed by Buyer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without Seller’s written consent. All orders must identify the products, unit quantities, part numbers, and applicable prices of the Products being purchased. Seller may designate certain Products and Services as non-cancelable, nonreturnable (“NCNR”) and the sale of such Products shall be subject to the special terms and conditions contained in Seller’s Customer Acknowledgement or NCNR Product Form, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere.

Cancellation of orders

If an order is cancelled after payment has occurred but order hasn’t shipped, customer will be charged up to a 10% processing fee. Trench Drain Systems reserves the right to refund either electronically or via check. Customer will receive refund up to 7 business days after cancellation.

Prices

The prices of the Products are those prices specified on the front of the quote. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.

Payment

Payment may be made by check, money order, credit card, or wire transfer (all wire transfer fees are borne by the Buyer). Where Seller has extended credit to Buyer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction. On any past due invoice, Seller may impose interest at the rate of one and a half percent [1.5%] per month. In the event of default by Buyer, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.

Return Freight / Restocking Fee

Reasonable cancellation or restocking charges may include a minimum 25% restocking fee, this will be deducted from the Customer refund. Trench Drain Systems does not refund the original shipping and handling that the Customer paid on the order. Customer must prepay the return freight charges and Trench Drain Systems will not accept COD shipments.

Return Exceptions

Only products originally shipped from Trench Drain Systems or from an authorized supplier (drop-ship) will be returned to Trench Drain Systems. By a Customer returning products to Trench Drain Systems, the Customer certifies that the products were purchased from Trench Drain Systems and there has been no substitution of the product from another supplier, distributor or other source of the product. The return should be in the original packaging and in unused condition except if approved defective by a Trench Drain Systems sales representative via an RMA.

Refunds

Trench Drain Systems will notify Customer upon receipt and inspection of returned item(s) and will advise of refund status. Upon approval of return and refund, Trench Drain Systems will initiate a credit within 48 hours to the original method of payment. Credits to credit card can take 10 days to post to the account.

Limitation of Liabilities

BUYER SHALL NOT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, LOSS OF PROFITS OR REVENUE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COST, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF BUYERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. BUYER’S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHERIN CONTRACT, TORT, WARRANTY, OR OTHERWISE. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON (a) SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS, (b) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN SELLER, or (c) USE IN COMBINATION WITH OTHER PRODUCTS.

Force Majeure

Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.

Damaged Purchases

When Trench Drain Systems sends you an order you will receive an emailed photo of how your purchase was shipped.  If you receive your package and it doesn’t look like the photo that was sent please inspect your order carefully.  Be sure to note any damage in writing when you sign for the shipment. Without this notation, we have no recourse with the carrier.

Trench Drain Systems is not responsible for damage occurring during delivery.  However, we are happy to assist our customers with freight claims.

 
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