These Rebate Program Terms and Conditions (these “Terms”) govern the rebate program to which they are attached (the “Program”) offered by Viega LLC (“Viega”) to the individual or business entity participating in the Program (“Buyer”).

Viega may amend the Program or these Terms from time to time with notice to Buyer, which may include updates to these Terms posted on the Viega website. Buyer must acknowledge and accept the current terms and conditions at the time a Program claim is submitted. In addition, Viega may terminate the Program for any reason with 30 days written notice to Buyer. This is a limited time offer; offer valid only while supplies last. Void where prohibited or restricted by law.

Program Conditions. These Terms do not require Viega to sell any specific amounts of any of its products subject to the Program (“Product”) to Buyer. All Product orders are subject to acceptance by Viega. The purchase price for each Product is determined by and subject to change in Viega’s discretion. All rebate claims under the Program are subject to Viega’s final review and approval. Buyer’s account must be in good standing and current for any rebate claim to be valid and payable. Rebates are payable in applicable currency (USD or CAD) and are issued directly to Buyer via ACH. Applicable tax, if any, is the sole responsibility of Buyer. All documents submitted by Buyer to Viega to validate Program purchases become the property of Viega. Viega retains the right to request additional information when processing rebate requests. Viega is not responsible for lost, late, missing, illegible, or misdirected Program submissions. If a Program submission is incomplete or fails to meet any of these Terms, Viega has the right to withhold rebate payments. All returns of any Product must comply with Viega’s current return policy.

Audit. Buyer will maintain accurate books and records in connection with its purchases under the Program. Not more than once each calendar year, and for one year after Buyer is no longer participating in the Program, Viega or a third party selected by Viega may audit such books and records on at least seven (7) days’ prior written notice. Any such audit will be conducted during Buyer’s regular business hours in such a manner as not to unreasonably interfere with Buyer’s normal business operations. If an audit reveals Buyer misreported purchases of Products by five percent (5%) or more, Buyer will pay the reasonable costs of the audit and may be required to return rebate payments that Buyer would not have otherwise been entitled based on actual volume. Notwithstanding the foregoing, Buyer is not obligated to provide Viega with any confidential information of its clients when complying with this Section.

Confidentiality. Buyer agrees not disclose individual terms or rebate payments to any person or entity without Viega’s prior written consent; provided, however, Buyer may disclose such terms to its professional advisors, accountants, or attorneys for the limited purpose of assisting Buyer with the handling of or accounting for the payment amounts received from Viega under the Program, or as required by applicable law.

Liability.   To the extent permitted by applicable law, Viega’s liability on any claim for loss or damage arising out of this Agreement or from the performance or breach thereof or connected with the supply of any Products hereunder, or the sale, resale, operation or use of such Products, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price of such Products involved in the claim, regardless of cause or fault.

THIS LIMITATION OF LIABILITY REFLECTS A DELIBERATE AND BARGAINED-FOR ALLOCATION OF RISKS BETWEEN VIEGA AND BUYER AND CONSTITUTES THE BASIS OF THE PARTIES' BARGAIN, WITHOUT WHICH VIEGA WOULD NOT HAVE AGREED TO THE PROGRAM TERMS. VIEGA SHALL NOT BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF THE GOODS, DOWN-TIME COSTS, OR CLAIMS OF CUSTOMERS OF BUYER.

Construction. If any provision herein is unenforceable for any reason, such provision shall be automatically voided and shall not be part of these Terms and the enforceability or validity of the remaining provisions of these Terms shall not be affected. No amendment, waiver of, or exception to any of the terms and conditions contained in these Terms shall be valid unless specifically agreed to in writing. No waiver of a breach of any provision hereof shall constitute a waiver of any other breach, or of such provision. The titles in these Terms are for convenience only and have no legal or contractual affect. The Program and these Terms constitute the complete agreement of the parties with respect to its subject matter and supersede all prior understandings and agreements, whether written or oral, with respect to its subject matter. Buyer may not assign or otherwise transfer its rights or obligations under the Program or these Terms without Viega’s prior written consent.

These Terms and performance hereunder shall be construed according to the laws of the state of Colorado, without regard to its conflict of law provisions. Any actions arising hereunder shall be prosecuted only in the State or Federal Courts located in the State of Colorado.