BILLING - Prior credit approval and non-delinquent status are necessary before shipping on open account. Terms are net 30 days. All accounts over 45 days will be placed on credit hold and be subject to INTEREST CHARGES OF 1 ½% PER MONTH as well as reasonable attorney’s fees.

CREDIT POLICY - To establish an open account, a bank reference is required and six trade references or submittal of a current financial statement. We will ship all orders C.O.D. until such credit information has been received and approved by our credit department.

FREIGHT POLICY - All material is F.O.B. our plant or manufacturing facility. All truck shipments will be made freight collect. On all U.P.S. and U.S. Mail shipments, freight will be added to the invoice. File all shortage and/or damage claims with your carrier.

SHORTAGES - Shortage claims will not be considered unless they are reported to us in writing within 24 hours of receipt of shipment.

RETURNS - Returned goods will only be accepted if shipped from our warehouse in error or under special circumstances resulting in written approval. All approvals will include the issuance of a Return Goods Authorization Number. This number must be clearly marked on the outside of all cartons containing returned goods. All approved returns not caused by our error will be subject to a handling charge and must be in clean, resalable condition with freight prepaid. Any goods returned to us without prior written approval or the returned goods authorization number clearly marked on each carton will be refused and returned by carrier to the shipper.

NON-STANDARD PRODUCTS - Nonstandard or custom-made products are in no case subject to cancellation or return once the purchase order has been received by CORR TECH, INC.. SALES OF PLASTIC PIPE ARE FINAL AND MAY NOT BE RETURNED FOR CREDIT OR ANY OTHER PURPOSE.

PRODUCT WARRANTY - ALL PRODUCTS ARE SOLD “AS IS” AND NO WARRANTY IS MADE, EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY PROVIDED HEREIN, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. ANY PRODUCT OR PORTION OF A PRODUCT MANUFACTURED BY OTHERS HAS ONLY THE APPLICABLE MANUFACTURER’S WARRANTY (A COPY MAY BE REQUESTED), ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, BEING WAIVED HEREBY.

ALTHOUGH THE SELLER’S SALESMAN MAY HAVE MADE ORAL STATEMENTS ABOUT THE MERCHANDISE DESCRIBED IN THIS CONTRACT, SUCH STATEMENTS DO NOT CONSTITUTE WARRANTIES, SHALL NOT BE RELIED ON BY THE BUYER, AND ARE NOT A PART OF THE CONTRACT FOR SALE. THE ENTIRE CONTRACT IS EMBODIED IN THIS WRITING. THIS WRITING CONSTITUTES THE FINAL EXPRESSION OF THE PARTIES’ AGREEMENT, AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF THIS AGREEMENT.

ANY PRODUCT MANUFACTURED SOLELY BY US, OR ANY PRODUCT MODIFICATION MADE BY US, WILL BE FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF ONE YEAR FROM SHIPMENT DATE.

Such products will be inspected by us and if determined defective due to material or workmanship shall be replaced or put in proper operating condition, free of all charges except transportation, and the correction of any defects by repair or replacement by us shall constitute fulfillment of all obligations and liability of ours.

We are not responsible for damage to our products through improper installation, maintenance, use or attempts to operate it beyond its mechanical or electrical capacity, intentionally or otherwise, or for unauthorized repair.

Any failure to notify us of unsatisfactory operation, or any improper or unauthorized installation, maintenance, use, repair or adjustments, shall terminate this warranty and shall relieve us from any further responsibility.

The parties agree that the buyer’s sale and exclusive remedy against the seller shall be for repair or replacement of defective parts as provided herein. The buyer agrees that no other remedy (including, but not limited to, actual, incidental or consequential damages for lost profits, lost sales, injury to person or property, or any other actual, incidental or consequential loss) shall be available to him.

MISCELLANEOUS - No action, regardless of form, arising out of this Agreement may be brought by either party more than one year after the cause of action arose, or in the case of non-payment, more than two years from the date of the last payment.

In case of any inconsistency between these Terms & Conditions and any purchase order or other document provided by the customer regarding this sale, these Terms & Conditions shall govern. If these Terms and Conditions are altered in any way, the alteration must be signed by an authorized officer of Corr Tech. The failure to have such alteration signed shall render such alteration void and of no effect whatsoever. If any part of the Terms and Conditions is found to be unenforceable, the legality or enforceability of all other parts shall not be affected.

All information, recommendations and suggestions are based upon tests and data believed to be reliable. However, it is the user’s responsibility to determine the suitability of our products for each application. We do not accept any responsibility for the accuracy and/or validity of the information.

ARBITRATION - In the event a disagreement arises between the customer and Corr Tech, Inc., both parties mutually agree to resolve any such disagreement through binding arbitration conducted by a sole arbitrator in Harris County, Texas, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”). If the parties cannot agree on an arbitrator, the arbitrator shall be appointed by the AAA. The party obtaining a favorable arbitration decision shall be entitled to an award of reasonable attorneys’ fees and expenses incurred in obtaining the arbitration decision and judicial enforcement thereof.

The validity of this agreement, and any of its terms or provisions, as well as rights and duties of the parties hereunder shall be interpreted and construed pursuant to, and in accordance with, the laws of the County of Harris and the State of Texas.

THIS AGREEMENT IS PERFORMABLE IN HARRIS COUNTY, TEXAS AND VENUE WILL BE ONLY IN THE FEDERAL AND STATE COURTS LOCATED WITHIN SUCH COUNTY.