Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

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.

Cancellation / Change of orders

If an order is cancelled after payment has occurred but order hasn’t started processing customer will be charged a 10% processing fee.  Orders that have started processing may not be able to be changed or cancelled.  Changes may be made to orders that have been placed but not yet started processing.  Changes to orders that are in the processing stage may incur additional costs.

Prices

Price quotations shall automatically expire in thirty (30) calendar days from the date issued, or as otherwise stated in the quotation.  We reserve the right to correct unintentional system or pricing errors.  Although we strive for accuracy in our product descriptions, pricing and inventory status, we occasionally discover a mistake.  In these rare instances, we respectfully reserve the right to cancel an order or remove a problematic item from the order.

Payment

Payment may be made by check, money order, credit card, or wire transfer (all wire transfer fees are borne by the Buyer).  All funds must be submitted in American Dollars.  Checks must be drawn on U.S. Banks.  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.

Returns

Request for refund must be made within 30 days of order ship date.  An RMA will be issued for approved, eligible returns.  Orders must be received with the RMA within 14 days of the date on the RMA.  Only products originally shipped from Trench Drain Systems or from an authorized supplier (drop-ship) can 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.  Reasonable restocking charges may include a minimum 25% restocking fee which will be deducted from the Customer refund.  Not all products are returnable – custom orders and closeouts are not returnable.  Product shipped directly from suppliers may incur a higher restocking fee.  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. Customer should insure returns as Trench Drain Systems is not responsible for any shipping damages during transit. All custom orders are unreturnable.

Refunds

Trench Drain Systems will notify Customer upon receipt and inspection of returned item(s) and will advise of refund status. Trench Drain Systems reserves the right to issue the refund by their choice of check, ACH, or credit card.  Refund will be submitted within 7 days of cancellation or return approval.

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 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.CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL

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.  (ONLY FOR LTL)   Please inspect your package carefully upon receipt.  If there is any apparent damage or it doesn’t look like the photo(s) sent for LTL shipments, note this with the carrier in writing when you sign for the shipment.  If you cannot thoroughly inspect the incoming order at time of unloading, write “pending inspection” on the shipping paperwork and have the carrier representative (truck driver) initial.  If there is damage you will also need to take photos of it, preferably while the pallet and/or boxes are still in view of the delivery vehicle so it is obvious that the damage occurred during shipping. Without this notation, you will 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.

Shipping Shortages, Damage, and Defective Items

  • The customer is responsible for inspecting orders upon delivery. Any items that are signed for as received in good condition, and then later reported as short or damaged, will not be eligible for a refund.
  • If you receive a damaged shipment:
    • Accept the shipment. Do not refuse or return it.
    • Note the damage on the delivery receipt (if shipped by truck) or with the driver (for UPS/FedEx parcels). Keep a copy of the document with the damage noted.
    • If you think there is damage, but cannot tell how much, write a note such as “1 box crushed, damage subject to further inspection”.
    • Take photos of the pallet/box before unpacking it.
    • Keep all boxes and packing materials until the claim is settled, they may be needed for an inspection.
    • Contact Trench Drain Systems with the details of the damage within 48 hours. Trench Drain Systems will file a damage claim on the customer’s behalf.
  • Defective items must be reported to Trench Drain Systems within 2 calendar days of receipt, or no credit will be given.  Trench Drain Systems will issue a credit or ship a replacement for most defective products. If a manufacturer handles technical support and returns directly, the customer may be referred to the manufacturer for service.
  • Wrong shipment or incorrect items:  All wrong shipments or incorrect items must be reported to Trench Drain Systems within two (2) business days (48 hours) of delivery.  Customer Service will arrange for pick-up of goods from customer.  All incorrect items will be corrected to customer specifications.

International Orders

  • International orders may be prepaid with a credit card or via wire transfer. Customers paying for the products via wire transfer will still need a credit card on file for shipping charges and small adjustments.
  • Orders can be picked up by your carrier at our warehouse, shipped to a freight forwarder in the USA, or shipped direct via USPS International Priority Mail.
  • International customers are responsible for verifying that the goods can be imported into your country. We are not able to provide Phytosanitary Certificates, Certificates of Analysis, food safety statements, etc., unless previously arranged.
  • Customers assume the risk and liability for any orders shipped outside of the 50 US states. We are not responsible for loss or damage to any international shipments.

GUARANTEES

No other warranty written or implied exists. Manufacturer‘s Warranty claims must be addressed to the manufacturers.”

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Warranty Disclaimer: This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, DrainageKits.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. DrainageKits.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. DrainageKits.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability: DrainageKits.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if DrainageKits.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term; Termination: These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by DrainageKits.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice: DrainageKits.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to DrainageKits.com.

Miscellaneous: Your use of this site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of DrainageKits.com products) shall be in the state or federal courts located in Sandusky County, Ohio. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of DrainageKits.com products) must be commenced within one (1) year after the claim or cause of action arises. DrainageKits.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. DrainageKits.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Indemnification: You agree to indemnify, defend, and hold harmless DrainageKits.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

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