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Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING TDS-AFFILIATED WEBSITES.

By accessing and using the service, you accept and agree to be bound by the terms and provisions 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 terms, please do not use this service.

Cancellation / Change of orders

If an order is canceled after payment has occurred but the 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 canceled.  Changes may be made to orders that have been placed but have 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 the 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 the 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 sources 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’s refund.  Not all products are returnable – custom orders and closeouts are not returnable.  Products 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. Customers must prepay the return freight charges and Trench Drain Systems will not accept COD shipments. Customers should ensure 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 the Customer upon receipt and inspection of the returned item(s) and will advise of the 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 WHETHER IN 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 the 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 the 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 your 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 the 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

  • All orders over $1000 will require a signature. We are not responsible for orders in which the customer has waived signatures. Lost or stolen orders are solely the responsibility of the customer. 
  • 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 the pick-up of goods from the 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.”

Copyright: The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Trenchdrain.com. The collective work includes works that are licensed to Trenchdrain.com. Copyright 2013-2020, Trenchdrain.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Trenchdrain.com or purchasing Trenchdrain.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or place an order with Trenchdrain.com or purchase Trenchdrain.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited unless authorized by Trenchdrain.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks: All trademarks, service marks and trade names of Trenchdrain.com used in the site are trademarks or registered trademarks of Trenchdrain.com

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, Trenchdrain.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. Trenchdrain.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 is free of viruses or other harmful components. Trenchdrain.com does not make any warranties or representations regarding the use of the materials on 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: Trenchdrain.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 Trenchdrain.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 Trenchdrain.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: Trenchdrain.com may deliver notice to you by means of e-mail, a general notice on the site, or by another reliable method to the address you have provided to Trenchdrain.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 Trenchdrain.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 Trenchdrain.com products) must be commenced within one (1) year after the claim or cause of action arises. Trenchdrain.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. Trenchdrain.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 Trenchdrain.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.

Third-Party Links: In an attempt to provide increased value to our visitors, Trenchdrain.com may link to sites operated by third parties. However, even if the third party is affiliated with Trenchdrain.com, Trenchdrain.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Trenchdrain.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Trenchdrain.com seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site but for sites it links to as well (including if a specific link does not work).

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