TMG Industrial USA
Terms and Conditions
Welcome to the TMG Industrial USA website.
Please read the following terms and conditions (the “Terms”) carefully. By using our website, you agree to abide by the Terms and any other terms incorporated by reference or via hyperlink. We reserve the right to change the Terms at any time, and to restrict or terminate access to our website for any reason at any time. Your continued use of this website signifies your acceptance of the Terms.
The Terms also apply to any goods or services ordered from us or any of our distributors (collectively, the “Goods”). We accept orders, sell Goods, and conduct business only in accordance with the Terms. Any modification to a purchase order or similar document from you shall be deemed a material alteration to the Terms and is hereby rejected.
Throughout the site and in the Terms, the terms “we,” “us,” and “our” refer to Summit United Corporation dba TMG Industrial USA, and the terms “you” and “your” refer to any user of this website or purchaser of any Goods.
1. Copyright Ownership. We own the copyright and all other rights to the contents of this website, including but not limited to graphic images, photographs, videos, files, buttons, and text. Except for personal or internal use, you may not use the contents in any way without our prior written permission. Nothing in these Terms should be interpreted to grant you any license or ownership rights to the contents.
2. Trademark Ownership. This website incorporates several of our trademarks, which are protected by U.S. trademark law. You may not copy or use our trademarks without our written permission. This website may also incorporate trademarks owned by third parties, such as the logos of payment processors and credit card companies. You may not copy or use those trademarks without permission, either.
3. Goods. We reserve the right to modify or discontinue any Goods or any part thereof without notice. Certain Goods may be available exclusively online or in limited quantities. We reserve the right to limit sales and/or quantities of Goods by purchaser, region, or jurisdiction.
4. Prices. Prices for our products and services are subject to change without notice. Prices are stated and payable in U.S. currency, and do not include any taxes or government fees.
5. Orders. We reserve the right to refuse any order. We may limit or cancel quantities for a given order or customer at our sole discretion. If we change or cancel an order, we may notify you via the contact information provided. You agree to provide current, complete, and accurate purchase and account information for all transactions. You may only suspend or cancel a submitted order with our written consent and then only if you also reimburse us for any losses arising out of such suspension or cancellation, including but not limited to incidental and consequential damages and expenses. Suspension or cancellation without consent shall be treated as a repudiation, making you immediately liable for our losses, expenses, and other damages incurred.
6. Delivery. We will make shipping arrangements on your behalf, and you shall be responsible for all costs and expenses associated therewith unless we specifically provide otherwise (e.g., free shipping for certain products or for purchases exceeding a certain amount). All timeframes provided by us, whether verbally or in writing, are good faith estimates of the expected delivery date for the Goods. We shall use commercially reasonable efforts to fill your orders within the expected timeframe but shall not be liable for any damages associated with our inability to meet any such timeframes, including but not limited to related incidental or consequential damages. If the Goods involve the provision of services, title and risk of loss to such Goods shall pass to you upon our provision of the services. In all other cases, title to and risk of loss for the Goods shall pass to you upon delivery of the Goods to the common carrier for delivery.
7. Inspection and Acceptance. You shall inspect all Goods within five (5) days of delivery. If you do not reject Goods in writing during that timeframe, such Goods will be deemed accepted. Any rejection of Goods must be pursuant to our Return Policy. If you refuse to accept a shipment (i.e., before inspection), you shall be responsible for all freight costs and repackaging costs, if any. If any non-defective Goods are returned in unsalable condition, you shall be responsible for the full invoice price of the Goods. You may not return any special-order Goods. Any Goods returned hereunder shall be subject to a restocking fee equal to 30% of the invoice price.
8. Installation. If you purchase any Goods that require installation, you shall, at your sole expense, make all arrangements and connections necessary to install and operate the Goods. You shall install the Goods in accordance with our instructions, and indemnify us against any and all damages, demands, suits, causes of action, claims and expenses (including actual attorneys’ fees and costs) arising directly or indirectly out of your failure to properly install the Goods.
9. Use Goods as Directed. Use the Goods only as directed. You are solely responsible for furnishing, and requiring your employees and customers to use, all safety devices, guards and safe operating procedures required by law or as set forth in manuals and instructions that we may provide. You are responsible for consulting all operator’s manuals, ANSI or comparable safety standards, OSHA regulations, and other sources of safety standards and regulations applicable to the use and operation of the Goods.
10. Limited Warranty. We warrant to the original end user that the Goods provided under this agreement shall be free of defects in material or workmanship for one year from the date of purchase, provided that the Goods are installed, used, and maintained in accordance with any instructions or guidelines provided by us or supplied with the Goods. The full warranty process is described in more detail in our Warranty Policy. The foregoing is our sole obligation, and the original end user’s sole remedy, with respect to any defective Goods.
11. Exclusion of other warranties. The foregoing limited warranty is the sole warranty applicable to the goods. We specifically disclaim all express and implied warranties, including but not limited to any warranty of merchantability or fitness for any particular purpose are expressly disclaimed.
12. Limitation of liability. In no event shall we be liable to you or any other party for any direct, indirect, incidental, consequential, or special damages (including, without limitation, lost revenue, replacement costs, or downtime) arising from your purchase of the goods, any breach by us or our agents of this agreement, or any other cause whatsoever, whether based in contract, tort, or any other theory of liability. Your remedy with respect to any claim arising under this agreement is damages, capped at the amount you paid for the goods.
13. Third-Party Links. This website may contain links to third-party websites. We are providing these links to you only as a convenience, have no control over the links, and are not endorsing the links or the contents thereof. We make no guarantees about the links’ contents or accuracy
14. Third-Party Tools. This website may provide access to optional third-party tools. These tools are provided “as is,” without any warranty or guarantees. We are not liable for any damages arising from your use of these third-party tools. You use these third-party tools at your own risk, and you should carefully review the terms of use from the providers of such tools.
15. User-Generated Content. You hereby grant to us a royalty-free, perpetual, worldwide, irrevocable, unrestricted, and transferable license to use any comments, information, files, images, videos, or other content that you upload or post, along with the name you use in connection with such content (“User-Generated Content”), including without limitation to copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, or incorporate into any medium. We shall have no obligation to (1) keep User-Generated Content confidential; (2) use User-Generated Content in any way; (3) pay you any compensation for User-Generated Content, regardless of how we use it, or (4) respond to any User-Generated Content.
You agree that your User-Generated Content shall not (1) be defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or encourage criminal or unethical behavior; (2) violate the privacy or intellectual property rights of any entity; (3) violate any consumer protection laws; or (4) contain or transmit a virus or any other harmful component. You also agree not to use a false email address, impersonate any entity, or otherwise mislead as to the origin of User-Generated Content.
You are solely responsible for any User-Generated Content that you post to this website. We assume no obligation to regularly review User-Generated Content, but reserve the right to monitor, edit, and/or remove any User-Generated Content for any reason.
We understand that User-Generated Content may include photos or videos depicting the use of our products, and comments or suggestions regarding the use of our products. We are not responsible for and disclaim all liability for User-Generated Content, including without limitation product liability, property damage, personal injury, and wrongful death. You assume all liability and the risk of using or relying on any User-Generated Content posted by third parties on this website.
16. Privacy and Data Security. We are committed to ensuring your privacy by adhering to all applicable laws and regulations and our own high standards of transparency and integrity. Please refer to our Privacy Policy for further information. Notwithstanding the foregoing, you acknowledge that information you provide to us may be transferred unencrypted over networks and adapted to meet technical requirements, except for your credit card information, which shall always be encrypted during transfer.
17. No Unsolicited Communication. You agree not to contact other users of this site through unsolicited emails, telephone calls, mailings, or any other method of communication.
18. No Warranty for Website. We do not guarantee uninterrupted or error-free service on the website. The contents of this website are provided in good faith and for general information only, and should not be used as the sole basis for making any decision. We cannot guarantee that the contents will be accurate, complete, or timely; occasionally, the website may contain errors or omissions regarding product descriptions, pricing, or availability. We strive to display colors and images of the Goods as accurately as possible on our website, but cannot guarantee that the display will be accurate. Although we are not obligated to update any information on the site unless required by law, we reserve the right to correct errors, update information, or cancel orders, as necessary, without prior notice. We disclaim any warranty of any kind, whether express or implied, relating to this website.
19. Limitation of Liability for Website. In no event shall we be liable for any damages of any kind arising out of any use of the contents of this website, including damages caused by any failure of performance, error, omission, interruption or delay, deletion or alteration, defect, unauthorized access or use, disabling device (virus, worm or other), theft, or destruction. If your state limits or disallows some or all of these exclusions, our liability shall be limited to the maximum amount allowed by law.
20. Indemnification. You agree to indemnify us and our directors, officers, employees, affiliates, and agents from any claims, including attorney's fees and costs, arising from your violation of the Terms or your use of the Site, including but not limited to your User-Generated Content.
21. Consumer Protection and State Laws. We shall comply with all applicable consumer protection laws, which may vary based on your state of residence. Accordingly, you may have additional statutory rights under state law, and the Terms do not limit such rights.
22. Waiver. Our failure to enforce any provision of the Terms shall not be deemed a waiver of such provision, nor of our right to enforce such provision.
23. Severability. If a court with jurisdiction finds any provision of the Terms to be invalid or unenforceable, such provision shall either be (1) modified to the minimum extent necessary to make it enforceable or (2) deleted if such modification is impractical, and the remaining provisions shall remain in effect.
24. Remedies. Each of the remedies available to us under the Terms is cumulative and in addition to any other or additional remedies available under the Terms or at law or equity.
25. Governing Law. The Terms shall be governed by the laws of the State of Washington. Any dispute arising from your use of the website shall be resolved by litigation in the state or federal courts of King County, Washington, and the parties hereby agree to the exclusive jurisdiction of such courts. The substantially prevailing party shall be entitled to attorney fees and costs.
26. Questions. Any questions about the Terms should be sent to us at cs@tmgindustrial.com.