TERMS & CONDITIONS

 

The following Terms and Conditions govern all quotes, requests, and orders for TDC products and services whether transacted via telephone, in person, in writing, via email, on the internet, via Live Chat, by text, via social media or other digital mediums. All sales final on trench drain systems, trench drain grates, rushed orders and custom fabrications.

1. GOVERNANCE
These terms and conditions represent the final and complete agreement of the parties, and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon TDC, unless made in writing and signed and approved by an officer of TDC, and expressly referencing the intent to modify or change such terms and conditions. No modification of any of these terms shall occur if a TDC shipment of goods follows receipt of Buyer's purchase order, shipping request, or similar forms which contain printed terms and conditions in addition to or in conflict with the terms herein. If any term, clause, or provision of these terms and conditions is declared to be held invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause, or provision herein contained. Swiftdrain has full permission and may use project order details and feedback for writing, marketing, press and educational purposes.

2. ACCEPTANCE OF ORDERS
All orders are subject to written price verification by authorized TDC personnel unless designated in writing to be firm for a specified period of time. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order. A signed order confirmation is required for purchase orders equal to or in excess of $10,000, or as deemed necessary for credit approval.

3. SUBSTITUTION OF PRODUCT TDC
reserves the right, without prior notification, to substitute an alternative product of like kind, quality, and function. If the Buyer will not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the Buyer requests a quote, if such request for quote is made, or, if no request for quote was made, when placing an order with TDC

4. PRICING
Prices quoted, including any transportation charges, are valid for 10 days after the quote unless designated as firm for a specific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized personnel of TDC A price designated as firm for a specific period may be revoked by TDC if the revocation is communicated in writing by mail or email to the Buyer prior to the time a written acceptance of the price is received by TDC All prices and deliveries are F.O.B. shipping point.TDC reserves the right to cancel orders in the event selling prices, which are lower than prices quoted, are established by government regulations.

5. LOGISTICS & TRANSPORTATION Unless otherwise provided, TDC shall use its judgment in determining carrier and routing. In any case, TDC shall not be liable for any delays or excessive transportation charges resulting from its selection. TDC may, at its sole discretion, without liability or penalty, make partial shipments of all goods sold by TDC to Buyer.

6. PACKAGING Unless otherwise provided, TDC will comply with its packaging standards for the method of transportation selected. The cost of all non-standard packaging, loading, bracing equipment, and/or transportation requested by Buyer will be paid for by Buyer.

7. PAYMENT TERMS Pre-paid

8. TAXES & IMPORT/EXPORT LICENSES Quoted and contractual prices do not include taxes of any kind. Taxes are paid by Buyer upon invoice from TDC unless Buyer provides a valid exemption certificate acceptable to the taxing authority or unless TDC is forbidden by law from collection of said taxes from Buyer. Import or export licenses are to be secured by Buyer.

9. TITLE & RISK OF LOSS Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against TDC for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by the original transportation bill signed by carrier noting that carrier received the goods from TDC in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title, and right of possession to the goods sold hereunder shall remain with TDC until all payments hereunder, including deferred payments evidenced by notes or otherwise, interest, carrying charges, and attorney fees, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title to TDC/

10. PRODUCT RETURNS We want you to be completely satisfied with your purchase. If you’re unhappy with the product, reach out to us and we will remedy the situation. We are so confident in our product we offer returns made within 30 days. Reach out customer service and we will provide instructions how to return the product. Specialty items, pre configured sloped and custom fabricated items cannot be returned, and orders once accepted by TDC cannot be cancelled, except upon the written approval of TDC Cut-to-size items and special (custom) orders may not be returned unless it has been determined to be provided in error by TDC If a return is approved, the Credit Returns Department will issue a Return Merchandise Authorization (RMA). All RMAs must be requested within 7 days of the invoice date. RMAs are valid for 7 days from the date of issuance. Customers returning goods are responsible for freight charges, and may be assessed a restocking fee of $100 or 20% of the order, whichever is greater. If an immediate replacement order of equal or greater value is placed with TDC, restocking fees related to the initial order may be waived at the discretion of TDC and will be valid only in writing. This optional clause only applies to the initial order by the Buyer or the Buyer's company. All sales final on trench drain systems.

11. FORCE MAJEURE TDC shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil, or military authority, including wage and price controls; fires; war; terrorism; riots; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel, or supplies; or other circumstances beyond the reasonable control of TDC, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. TDC may, during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which TDC deems, in its sole discretion, fair and reasonable. In no event shall TDC be liable for special or consequential damages for any delay for any cause. All Sales Final on Trench Drain Systems, Trench Drain Grates, Custom Fabricarions

12. REASONABLE ATTORNEY FEES In the event suit or other proceedings shall be brought by a party with respect to a breach hereunder, the prevailing party in any such suit or proceeding shall be paid its reasonable attorney fees and costs incurred in connection with such suit or proceeding.

13. SHIPMENT ERRORS TDC shall have no liability for errors in weight or quantity delivered unless claim is made by Buyer within five (5) days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from TDC in the condition claimed. If such timely claim is made by Buyer, and TDC deems the claimto be valid, TDC may fulfill its responsibility by either shipping the quantity necessary to make good on the deficiency, or at the option of TDC, credit Buyer with the invoice price of the deficiency. Page 4 of 5 TERMS & CONDITIONS

14. WARRANTY All goods sold by TDC are warranted to Buyer to be free from defects in material and workmanship, and manufactured in accordance with industry standards. The foregoing warranty is non-assignable. EXCEPT AS EXPRESSLY SET FORTH IN THE FIRST SENTENCE OF THIS SECTION 14, TDC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, IN RESPECT OF ANY OF THE GOODS SOLD, INCLUDING WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE, OR DESIGN. ALL OTHER REPRESENTATIONS OR WARRANTIES ARE HEREBY DISCLAIMED. No agent, employee, or representative of TDC has any authority to bind TDC to any representation, affirmation, or warranty concerning the goods, and any such representation, affirmation, or warranty shall not become a part of the basis of this agreement, and shall be unenforceable. Any claimed defect in material or workmanship shall be deemed waived by Buyer unless submitted to TDC in writing within five (5) days from the date the goods are received by Buyer. TDC shall not be liable under the foregoing limited warranty if any loss or damage is caused by improper application, installation, maintenance, or use of the goods.

15. REMEDIES AND LIMITATION OF LIABILITY TDC shall not be liable for incidental, speculative, punitive, or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling, or use of the goods, or from any other cause relating thereto. Further, TDC shall not be responsible, obligated, or liable for any injury or damage resulting from the Buyer's application, installation, maintenance, or use of its products, either singularly, or in combination with other products, arising out of acceptance of this order which is not directly related to, and arises from a breach of the limited warranty set forth above. Liability of TDC, in any case, including for claims of breaches of warranty or negligence, is exclusively limited, at the option of TDC, to the replacement of goods not complying with this agreement, the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods, or repairing or arranging for repair of the goods. If TDC requests the return of the goods, the goods will be redelivered to TDC in accordance with TDC RMA processes and procedures. The remedies contained in this paragraph constitute the sole recourse of Buyer against TDC for breach of any of TDC obligations, whether of warranty or otherwise. As long as TDC makes a good faith effort to rectify any breach, the remedies provided for herein shall be deemed satisfied.

16. SELECTION Buyer represents that the goods sold hereunder are fit for their actual or intended use, and that Buyer placed no reliance on the skill or judgment of TDC in selecting suitable goods or materials, or in the design of suitable goods and materials. Buyer represents that the use and installation of the goods shall be made in compliance with all applicable government requirements. Buyer will defend, indemnify, and hold harmless TDC, its successors, assigns, and subsidiaries from and against all costs (including attorney fees), damages, and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed to TDC for any alleged violation of any federal, state, or local law, rule, regulation, or standard, by reason of or in connection with any use of the goods delivered hereunder.