Pricing: All pricing for products as quoted by Mitered Drain, Inc. (“Seller”) will be available for Buyer’s acceptance for 30 days from the quotation date and are thereafter subject to change or withdrawal. Seller reserves the right to change any pricing terms when the quantities change by more than 10%.

Credit Approval: All sales and shipments are subject at all times to credit approval by Seller.

Errors and Claims: All claims for shortage in shipment or damaged material must be noted by written request for credit submitted to Seller within 15 days of shipment. Seller’s responsibility ceases upon delivery to the carrier.

Returned goods will be accepted within 60 days only after written approval and shipping instructions are received from Seller. All returned products must be in resaleable condition, undamaged and in standard inventory. Special order items may not be returned. All returns are subject to a 20% restocking fee.

Permissible Variations: Variations in the products as to components, dimensions, quantity and the like shall be permissible and shall not constitute cause for Buyer’s rejection of any product variations that fall within the applicable ASTM and/or AASHTO product specifications in effect at the time of manufacture.

Limited One Year Warranty: The liabilities of Seller are limited solely and exclusively to replacement alone and do not include any liability for incidental, consequential or other damage of any kind whatsoever, whether any claim is based upon theories of contract, warranty, negligence or tort and without any limitations and do not include shipping charges, labor, installation or any other losses or expenses incurred in operation of any replacement specialty item or fitting.