GENERAL

These terms and conditions shall control with respect to any purchase order or sale of Sellers products. No waiver, alteration or modification of these terms and conditions whether on Buyers purchase order or otherwise shall be valid unless the waiver, alteration or modification is specifically accepted in writing and signed by an authorized representative of Seller.

PAYMENT TERMS

For accounts with established credit, payment terms are 30 days from date of invoice, net 31 days. Invoices still unpaid after 31 days from date of invoice will be subject to interest charges of 1-1/2% per month.
Minimum invoice: $25.00 net.

FREIGHT ALLOWANCE

All shipments will be F.O.B. Sugar Land, TX or Service Center. A freight allowance of $5,000.00 net amount or more within the continental USA except for Alaska, Hawaii and Puerto Rico.
Full Freight Allowed is limited to normal ground services and does not include charges for specially expedited or guaranteed deliveries requiring air shipment or guaranteed motor freight contracts.

DELIVERY

Seller will make every effort to complete delivery of products as indicated on Sellers acceptance of an order, but Seller assumes no responsibility or liability, and will accept no back charge, for loss or damage due to delay or inability to deliver caused by acts of God, war, labor difficulties, accident, delays of carriers, by contractors or suppliers, inability to obtain materials, shortages of fuel and energy, or any other causes of any kind whatsoever beyond the control of Seller. Seller may terminate any contract of sale of its products without liability of any nature, by written notice to Buyer in the event that the delay in delivery or performance resulting from any of the aforesaid causes shall continue for a period of sixty (60) days. Under no circumstances shall Seller be liable for any special or consequential damages or for loss, damage, or expense (whether or not based on negligence) directly or indirectly arising from delays or failure to give notice of delay.
No claim for shortages will be allowed unless made in writing within ten (10) days of receipt of a shipment. Claims for products damaged or lost in transit should be made on the carrier, as Sellers responsibility ceases, and title passes, on delivery to the carrier.

WARRANTY

Our Products are warranted to be free of defects in material and workmanship, but our liability shall be limited solely to those defects, which our inspection finds to be due to our fault. Notification of a claim for defective material or workmanship must be given in writing to Sun Drainage within 45 days of shipment. We shall not be responsible for any labor changes or any loss, injury or damages whatsoever, including incidental or consequential damages. The sole and exclusive remedy shall be limited to the replacement or repair of the defective goods at the Sellers’s discretion. Before installation and use, Buyer shall determine the suitability of the product for the intended use and the Buyer assumes all risk and liability whatever in connection therewith.

LIABILITY

Seller will not be liable for any loss, damage, cost of repairs, incidental or consequential damages of any kind, whether based upon warranty (except for the obligation accepted by Seller under Warranty above), contract or negligence, arising in connection with the design, manufacture, sale, use or repair of the products or of the engineering designs supplied to Buyer.

RETURN POLICY

Seller cannot accept return of any standard catalog products unless its written permission has been first obtained, in which case same will be credited subject to the following: (a) All material returned must, on its arrival at Sellers plant, be found to be in first-class condition; if not, cost of putting in saleable condition will be deducted from credit memoranda; (b) A handling charge deduction of twenty-five percent (25%) will be made from all credit memoranda issued for material returned; (c ) Transportation charges, if not prepaid will be deducted from credit memoranda. Requests of return material must be received by SUN Drainage within 30 days of the date of original shipment made by SUN Drainage. Buyer must return material within 30 days from the date of Seller’s written authorization. The value of a return must total at least $100.00 to quality for credit allowance.

CANCELLATION

Orders are not subject to cancellation without written consent. Any products not cataloged or items not normally stocked by SUN Drainage and made or purchased to fill an order become the Buyer’s property and must be paid for by the Buyer.

TAXES

The amount of any sales, excise or other taxes, if any, applicable to the products covered by this order, shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with an exemption certificate acceptable to the taxing authorities.

QUOTATIONS

Quotations are based on discount in effect at the time of quotation and will be protected on this basis for a period of 30 days from job bid due date.