TERMS AND CONDITIONS

Terms of Site Use

Welcome to our website. This site is provided by Tiemann Industrial Supply Inc., (at times referred to throughout this document as "Tiemann ") managed and maintained by Tiemann Industrial Supply Inc. This site is provided by Tiemann as a service to our customers and whose use is subject to the conditions contained herein. Please note that your use of this and any of our sites, mobile app or other offerings through other media constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this site and thereby bypass this agreement, your use of this site or offering through the Tiemann Industrial Supply Inc.and or site binds you to these Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.

Privacy

Please review our Security and Privacy Policies under Company Information Policies which also governs your use of the Tiemann website and helps in understanding our practices.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio/video media, digital downloads, data compilations, and software, is the property of Tiemann Industrial Supply Inc., Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Tiemann Industrial Supply Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Tiemann Industrial Supply Inc. or its software suppliers and protected by United States and international copyright laws.

Trademarks displayed on this site are the property of their respective owners and access to this site does not provide a right to copy or use the intellectual property of Tiemann Industrial Supply or its suppliers.

License and Site Access

Tiemann Industrial Supply Inc., Inc. grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tiemann Industrial Supply Inc.. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, image stripping, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tiemann Industrial Supply Inc.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tiemann Industrial Supply Inc., and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Tiemann Industrial Supply Inc., Inc.'s name or trademarks without the express written consent of Tiemann Industrial Supply Inc. You may not use Tiemann Industrial Supply Inc.’s trademark, trade dress or other intellectual property for any purpose in any way without the express written consent of Tiemann Industrial Supply Inc. You may not use any direct linking or source-calling of any media presented on this web site.

Any unauthorized use terminates the permission or license granted by Tiemann Industrial Supply Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Tiemann Industrial Supply Inc. so long as the link does not portray Tiemann Industrial Supply Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Tiemann Industrial Supply Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.

If you email a Cart, create a Saved Cart, or have a Saved Cart created by our staff, you may receive follow-up emails related to your Cart. You may unsubscribe at any time by following the simple instructions contained in the emails.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer(s), and you agree to accept responsibility for all activities that occur under your account or password. Further, you agree to accept responsibility for all activities of users who may use this site through your account, such as your employees, agents or other designees, including updating your account to maintain a current list of authorized users.

Minors

If you are under 18, you may use Tiemann Industrial Supply Inc. only with consent of a parent or guardian. Tiemann Industrial Supply Inc. reserves the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in their sole discretion.

Pricing Typographical Errors

While Tiemann Industrial Supply Inc. strives to provide accurate product and pricing information, pricing or typographical errors may occur. Tiemann Industrial Supply Inc. cannot confirm the price of any item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Tiemann Industrial Supply Inc. shall have the right, at our sole discretion, to either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.Online pricing reflects Tiemann Industrial Supply pricing within the contiguous United States.

Quotes

Prices stated are valid through the expiration date. However, pricing is subject to change without notice in the event of alteration to specifications, quantity, designs, or delivery schedules. Pricing is also subject to change due to changes in cost of material, supplies, labor, clerical error, foreign or domestic legislation.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering and your order will be scheduled to ship based on the information stated on the product specific page or if mentioned elsewhere on the website. If your order is unable to ship within the mentioned time frame, we will hold your funds as a deposit on the goods until the product ships. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Taxes and shipping cost will be adjusted at time of shipment. If your order is canceled after payment received, we will issue a credit by the charged payment method for the amount of the charge.

Quantity Limits

Tiemann Industrial Supply Inc. reserves the right to limit the quantity of items purchased per person, per company or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same email address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Tiemann Industrial Supply Inc. also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact our Sales Team.

Product Descriptions

Tiemann Industrial Supply Inc. attempts to be as accurate as possible. However, Tiemann Industrial Supply Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product you purchase from us is not as described, your sole remedy is to return it in unused condition see Terms of Sale.

Indemnification

You agree to defend, indemnify, and hold Tiemann Industrial Supply Inc. harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from, or related to your misuse of the site or in violation of these terms of Site use.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY TIEMANN INDUSTRIAL SUPPLY INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIEMANN INDUSTRIAL SUPPLY INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TIEMANN INDUSTRIAL SUPPLY INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TIEMANN INDUSTRIAL SUPPLY INC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE TIEMANN INDUSTRIAL SUPPLY INC. WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limitation of Liability

NEITHER TIEMANN INDUSTRIAL SUPPLY INC. NOR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, AND IN NO EVENT WILL TIEMANN INDUSTRIAL SUPPLY INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID BY YOU FOR THE PRODUCT GIVING RISE TO ANY CLAIM.

Applicable Law

This Agreement shall be governed by and construed under Missouri law as such law applies to agreements between Missouri residents entered into and to be performed within Missouri. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Tiemann to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Tiemann’s rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to these Terms of Use or your use of this site will be subject to binding arbitration following rules established by the American Arbitration Association. Any such action or proceeding shall be brought on an individual basis and shall not be consolidated with any dispute of any other party.

Site Policies, Modification, and Severability

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to this site. Tiemann Industrial Supply Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Tiemann Industrial Supply Inc. web site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site. For any accessibility issues or support, please call us at 1-800-289-6868 or email us at tiemann@tiemannind.com.

Customer Support Teams

We want to make sure that you receive exactly what you need when you order. If in doubt, please contact us.
All Products: (800) 289-6868

Terms and Conditions of Sale

1.ENTIRE AGREEMENT:

These Terms and Conditions of Sale establish the rights, obligations, and remedies of Tiemann Industrial Supply, Inc. (“Seller”) and Buyer, form the entire agreement between Seller and Buyer, and apply to all transactions between Seller and Buyer unless otherwise specifically agreed to in writing by both parties. All prior oral or written agreements, including but not limited to terms in Buyer’s purchase order, which are different from or in addition to these Terms and Conditions of Sale are not binding on Seller unless accepted in writing by Seller’s duly authorized representative.

2.SHIPMENT:

All orders are shipped F.O.B. point of shipment. Risk of loss will transfer to Buyer upon tender of goods to Buyer, Buyer’s representative or common carrier. The cost of any special packaging or handling caused by Buyer’s requirements or requests will be added to the amount of Buyer’s order. If Buyer causes or requests a delay of shipment, or if Seller ships or delivers an order erroneously as a result of inaccurate, incomplete, or misleading information supplied by Buyer or Buyer’s agents or employees, all storage and other additional costs and risk will be borne by Buyer.

3.PRICE:

All prices are subject to change unless otherwise noted on Seller’s quotation. Buyer will be invoiced at prices in effect at the time of shipment. All taxes, transportation costs, duties and other charges are in addition to quoted prices. Taxes and shipping cost will be finalized at the time of shipment .The amount of any sales, excise or other taxes, if any, applicable to the goods shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with a valid tax exemption certificate.

4.DELIVERY:

Seller will make a good faith effort to deliver goods in accordance with Buyer’s schedule. Seller assumes no responsibility or liability for Seller’s non-performance caused by an act of God, war, labor disputes, civil unrest, accidents, the inability to obtain materials, delays of carriers, contractors or suppliers or any other causes beyond Seller’s control. Under no circumstances shall Seller be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expenses of any kind arising from any shipping delays or failure to give notice of any shipping delay.

5.CANCELLATION:

Buyer may not cancel, change or modify an order without the written consent of Seller and payment by Buyer of all applicable cancellation or re-stocking fees.

6.PAYMENT TERMS for Approved Commercial Accounts on Open Account/Non-Credit Card Purchases:

Buyer shall pay for the goods net 30 days from date of Seller’s invoice. In the event of a late payment, Seller is entitled to treat Buyer’s entire account(s) as immediately due and payable without notice or demand. All past due amounts will be subject to a service charge accruing at a rate of up to 1.5% per month. Buyer shall not be allowed to retain or holdback payment and Buyer’s payment obligations are not contingent on any event other than Seller’s performance. Buyer’s receipt of payment or funds from any third party shall in no way relieve Buyer’s obligations to pay Seller. Buyer’s credit application to Seller is hereby incorporated by reference. Buyer is not entitled to set-off any amounts due to Seller by any amount due by Seller to Buyer in connection with any transaction governed by these Terms and Conditions of Sale.

7.INSPECTION & ACCEPTANCE:

Buyer shall examine all goods upon receipt and prior to installation. All claims for damage, shortage, and errors in shipment or improper delivery must be made to Seller in writing within five (5) business days of delivery, after which date Buyer will be deemed to have accepted the goods and will have no right to reject the goods or to revoke acceptance. Buyer must make any claims for billing errors or adjustments to Seller in writing within ten (10) business days from the invoice date. Claims not received in writing within such period of time will be waived by Buyer.

8.RETURNS:

Buyer may return any good which Seller stocks and which is not a special order item if: (i) it is in new condition, suitable for resale in its undamaged original packaging and with all original parts; and (ii) it has not been used, installed, modified, rebuilt, reconditioned, repaired, altered or damaged. All returns are subject to a re-stocking fee, unless otherwise agreed to by Seller. Special orders or non-stock goods may be returned if the manufacturer is willing to accept the return and Buyer agrees to reimburse Seller for any restocking or cancellation fees charged by the manufacturer.

9.WARRANTIES AND LIMITATION OF LIABILITY:

(A) All Goods:Seller warrants only title to the goods sold to Buyer. All other warranties are those extended by the product manufacturer. Seller assigns to Buyer any and all manufacturing warranties and will assist Buyer to obtain repair, replacement, or other applicable remedy for a breach of warranty made known to Seller during the warranty period.

(B) Services:Seller warrants that all Services provided by Seller shall be performed in a professional and workmanlike manner with qualified personnel.

(C) Warranty Exclusions:These warranties shall be void if there has been misuse, accident, modifications, unsuitable physical or operating environment, improper maintenance, storage or installation of the goods. SELLER DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR USE OR A PARTICULAR PURPOSE EVEN IF KNOWN BY SELLER. SELLER MAKES NO REPRESENTATION, WARRANTY, OR PROMISE THAT THE PRODUCTS OR SERVICES WILL CONFORM TO ANY APPLICABLE LAWS, ORDINANCES, REGULATIONS, CODES OR STANDARDS, INCLUDING BUT NOT LIMITED TO LOW LEAD OR LEAD FREE LAWS OR REGULATIONS, EXCEPT AS SPECIFIED AND AGREED TO IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF SELLER. EXCEPT IN THE EVENT OF DAMAGE CAUSED BY SELLER’S NEGLIGENCE, UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL DAMAGES CLAIMED BY BUYER OR ANY THIRD PARTY RELATED TO A BREACH OF WARRANTY OR ANY OTHER NON-CONFORMITY OF THE GOODS OR SERVICES.

10.INDEMINIFICATION:

Each party (“Indemnitor”) shall indemnify and hold harmless the other party and its employees, officers, directors, and agents (each an “Indemnitee”) from any suit, cause of action, judgment or claim (“Claim”) for damages to property or bodily injury, loss of life, infringement, liability of any nature, costs, or expenses, including reasonable attorney fees (“Damages”) to the extent caused directly by the negligent act or omission or intentional misconduct of the Indemnitor. Indemnification shall not apply to Damages proximately caused by the negligence of the Indemnitee.

11.INSURANCE:

Seller shall maintain all insurance as required by law and shall not allow such coverage to lapse. Seller agrees to maintain Worker’s Compensation coverage as required by applicable state law. Upon request of Buyer, insurance coverage and these limits shall be evidenced by a Certificate of Insurance. Contact our help desk at 1-800-289-6868 if required. Seller is not bound to pay any other insurance premium or other fee. Unless expressly provided in Seller’s quotation to Buyer, payment and performance bonds are not to be provided by Seller.

12.LIMIT OF LIBILITY:

Except as set forth in Section 9(C), neither Party shall be liable to the other for special, incidental, consequential, punitive, statutory, or indirect damages, including but not limited to loss of profits, revenues, capital, business opportunity or downtime costs, arising out of the sale of goods to Buyer. This limitation shall apply regardless if the claimed damages arise from breach of contract, breach of warranty, tort, strict liability or any other legal theory.

13.SEVERABILITY:

These Terms and Conditions of Sale will be construed as if prepared jointly by the parties hereto and any uncertainty or ambiguity will not be interpreted against any one party. If any provision contained in these Terms and Conditions of Sale is held to be unenforceable then such provision will be given effect in such reduced form as may be decided by a court of competent jurisdiction, provided that, if any provision should be declared unenforceable or invalid for any reason, such unenforceable or invalid provision will be severed from the remainder of these Terms and Conditions of Sale without affecting the enforceability or validity of the remaining provisions.

14.NON-WAIVER:

The failure of either Seller or Buyer to insist upon the strict performance of any of these Terms and Conditions of Sale will not be deemed to be a waiver of any of the right or remedies of Seller or Buyer, nor of its right to insist upon strict performance of such term or of any other term in the future. No waiver of any of these Terms and Conditions of Sale will be valid unless in writing signed by a duly authorized representative of the waiving party.

15.DISPUTE RESOLUTION:

The parties shall attempt in good faith to resolve promptly any dispute arising out of or relating to these Terms and Conditions of Sale by negotiation between executives who have authority to settle the dispute. The executives must be at a higher level of management than the persons with direct responsibility for administration of these Terms and Conditions of Sale. If a dispute cannot be resolved by negotiation, then either party may bring a legal action in accordance with Section 16 of these Terms and Conditions of Sale.

16.GOVERNING LAW:

All disputes related to or arising out of Buyer’s order are governed by the laws of the United States and by the laws of the State of Missouri. Any legal action related to or arising out of Buyer’s order shall be brought in the State of Missourior federal court in such jurisdiction and any right to object to such venue or to assert the inconvenience of such forum is waived. The United Nations Convention on Contracts for the International Sale of Goods, and any successor thereto, shall not apply.
Rev.2019