TERMS AND CONDITIONS:

ACCEPTANCE OF ORDER: All orders (including bids & quotations) provided by Amber Wastewater Products shall include, but not be limited to, the following terms and conditions, or exclusions:

A signed contract, with prices quoted, and approved submittal drawings are needed prior to fabrication of a product. Prices may change if a complete set of drawings are not supplied at the time of quote. Prices will be honored for sixty days from the quotation date, unless otherwise specified. It is the responsibility of the customer to review & return these in a reasonable time frame. 

Quotations do not include sales tax, excavation, shoring and backfilling of which is done by others, or plumbing and electrical work that is done by others unless otherwise specified. The prices are for normal delivery conditions. Prices are subject to change based on the quantity ordered or delivery conditions. The Customer shall be responsible for the expense of any site specific or application specific situations that require additional engineering.

PAYMENT TERMS:  Payment in full is due prior to delivery, unless the Customer has credit approval from Amber Wastewater Products. Unless otherwise specifically agreed to in writing by Amber Wastewater Products, payment in full on all credit sales is due thirty (30) days from the date of delivery. Amber Wastewater Products may at any time decline to manufacture or ship a product until payment is received or past due obligations have been met. Payments may be made by Cash, Certified Check or Visa/Master/Discover/American Express credit card. Any returned check for non-payment will be subject to a $45.00 charge. Past due accounts shall bear interest at 2% per month. The Customer agrees to pay, for all products specified in the contract once such products have been manufactured, whether or not delivery has been taken. If a job is cancelled for any reason, the contractor will be responsible for any and all administrative fees incurred. In the event payment is not made as outlined herein, the Customer shall agree to pay all costs associated with collections and attorney’s fees that may be incurred by Amber Wastewater Products. 

TAXES: Prices of the products sold are exclusive of all state and local taxes including with limitations, taxes on the manufacture, sale, delivery or use of goods. The Customer agrees to pay such tax unless exempted therefrom as indicated by a formal tax-exempt certificate presented to Amber Wastewater Products at the time the order is placed.

DELIVERY: Amber Wastewater Products will make every attempt to schedule deliveries in accordance with the Customer’s request. No claims will be allowed because of delays in deliveries due to accidents, weather conditions or any other cause or condition not in our control.  Amber Wastewater Products will set precast concrete steps and underground tanks up to 5,000 gallons into existing excavation, provided the excavation is accessible to our truck and the crane ordered is of the correct size. Amber Wastewater Products will not set previously stated items that weigh more than 10 ton unless otherwise stated in writing. Other products not listed above must be offloaded and installed by the Customer. If deliveries are to be made to sites other than on a paved road, it is the Customer’s responsibility to provide approaches that would permit access of our trucks to the point of delivery. Amber Wastewater Products reserves the right to stop deliveries if such approaches have not been provided and it is deemed to be unsafe and hazardous or will jeopardize our equipment. It will be the responsibility of the Customer to find alternate means of setting the product if our truck does not have access to the excavation site.

Conditions that may cause non-access to a site may include, but are not limited to: location not marked, excavation not ready, overhead wires, too small or unlevel pad for the setup of the crane with extended outriggers, reach for the boom beyond 15 feet from the end of the truck, and natural or manmade objects that could reduce clearance. If the Customer orders deliveries beyond the curb line, the Customer will assume all liability for damage to sidewalks, driveways, roads or other property and agrees to indemnify Amber Wastewater Products against all inability. Amber Wastewater Products will assume no responsibility for any damage to property when delivery is made inside street curbing. The Customer agrees to pay for any and all costs for repairs, associated with damage to our trucks and/or equipment which resulted from any cause whatever during the process of delivery on the worksite, except for negligence on the part of our employee(s) or mechanical failure of our equipment. Amber Wastewater Products will allow one (1) hour for delivery. Waiting time that exceeds this will be billed to the Customer at a rate of $180 per hour or any fraction thereof. 

RETURNS: A copy of the original delivery ticket must accompany all returns. There will be a minimum 25% handling charge for all returns that are in saleable condition. Damaged material may not be returned. Materials must be inspect and approved for return by Amber Wastewater Products at the jobsite and the Customer will assume the responsibility for all fees incurred in the return.

CLAIMS FOR DEFECT OR DAMAGE OF PRODUCT: On receipt of the material, the Customer will inspect the material for possible damage, obvious defects and completeness. Minor chips and hairline cracks occur naturally with concrete and are not considered quality defects. Any claims of damage or defects must be noted on the delivery ticket and presented to the driver, at the time of delivery, otherwise no such claim shall be allowed. Claims for damage or defect shall be limited to the quoted invoice value of the defective product. No claims will be allowed for labor, overhead or equipment. Amber Wastewater Products takes responsibility for all our concrete products until they are placed in the ground and we have left the site. We are not responsible for homeowner or contractor error causing damage to the product.

WARRANTY: Amber Wastewater Products warrants its products and guarantees the material and workmanship for their products are in accordance with its standard written “Warranty Policy” and will remedy any defects according to the terms of warranty. The warranty is only good on products manufactured by Amber Wastewater Products and does not extend to items that are manufactured elsewhere. Amber Wastewater Products warrants its workmanship and its products will be free from material defects for a period of one (1) year from the date of original delivery. If warranty service is needed, all claims must be made in writing within this one year warranty period. This Warranty does not cover material damaged due to acts of God, misuse, improper installation/backfill, maintenance, or operation contrary to the recommended use, whether intentional or otherwise, or any other cause or damage that is not the fault of Amber Wastewater Products. Only repairs or alterations performed by Amber Wastewater Products or its authorized contractors will be warranted. The Customer’s sole and exclusive remedy for breach of warranty is limited to Amber Wastewater Products’ option to: (a) repair the defect, (b) deliver a replacement product to the original point of deliver, or (c) refund original purchase price. Amber Wastewater Products must have the opportunity to inspect the product prior to it being removed or the claim will not be accepted. The term of the warranty will not be extended if a product is repaired or replaced. The warranty does not cover the costs associated with excavation. Under no circumstances shall Amber Wastewater Products’ total liability exceed the original purchase price of the product.

Amber Wastewater Products does not have any warranty for products that are not manufactured by Amber Wastewater Products. The warranty of such products would revert back to the manufacture of said product. 

ASSIGNMENT: Neither party, Amber Wastewater Products or the Customer, shall assign or transfer the quotation/contract to anyone else without written consent of the other party. 

ACKNOWLEDGEMENT: Amber Wastewater Products reserves the right to change its product line design at any time  and assumes no obligation to incorporate these changes in parts or product manufactured prior to the change. Amber Wastewater Products may also change the prices of products without notice. 

By signing our delivery ticket, the customer agrees to all of the above terms and conditions.