Terms of service

TERMS OF SERVICE
OVERVIEW
This website is operated by TSS Supply Inc. Throughout the site, the terms “we”, “us” and “our” refer to TSS Supply Inc. TSS Supply Inc. offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing concrete materials, coatings, tools, or equipment rentals from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by the following Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
SECTION 1 - ONLINE STORE & ACCOUNT TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
[CHOICE 1: IF ALLOWING ACCOUNTS] You are responsible for maintaining the confidentiality of your account credentials and password. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.
SECTION 2 - GENERAL CONDITIONS & COMMERCIAL USE
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted over various networks. Credit card information is always encrypted during transfer over networks.
The materials sold on this site are commercial-grade concrete construction products. By purchasing from us, you acknowledge that you possess the necessary commercial skills, safety equipment, and expertise required to handle, mix, and apply these materials safely.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, or more complete sources of technical information (such as manufacturer Technical Data Sheets).
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES & MEMPHIS METRO DELIVERY
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our product inventory, including specialized pigments and epoxies. We cannot guarantee that your monitor's display of any color will be accurate.
Delivery estimates, including same-day or 24-hour fulfillment commitments, apply strictly to the designated Memphis metropolitan service area. All delivery timeframes are estimates and are dependent upon material availability, weather conditions, and order placement times. TSS Supply Inc. is not liable for structural delays, downtime labor costs, or project penalties resulting from transit delays.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
[CHOICE 2: DISCREPANCY WINDOW] You agree to inspect all deliveries immediately upon arrival. Any product shortages, defects, or delivery damages must be reported to TSS Supply Inc. within [X] days/hours of delivery receipt to be eligible for replacement or credit.
SECTION 7 - THIRD-PARTY LINKS & PLATFORM AUTOMATION
Certain content, products, and services available via our Service may include materials from third parties, such as Euclid Chemical products. Third-party links on this site may direct you to third-party websites that are not affiliated with us.
Furthermore, you acknowledge that automated digital platform features (including AI-driven search engine displays, automated ad headlines, or automated catalog syncs) may occasionally misformat product titles or specifications. The binding product terms and pricing are solely those manually verified and completed at the final checkout interface of this Site.
SECTION 8 - LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
In no case shall TSS Supply Inc., our directors, officers, employees, affiliates, agents, contractors, or interns be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service.
[CHOICE 3: LIABILITY CAP] In no event shall the total collective liability of TSS Supply Inc. exceed the exact purchase price paid by the customer for the specific product or order giving rise to the claim.
SECTION 9 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TSS Supply Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 10 - GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Tennessee, USA.
[CHOICE 4: DISPUTES] Any dispute, controversy, or claim arising out of or relating to these Terms or the purchase of goods shall be settled by [binding arbitration / the state and federal courts located in Shelby County, Tennessee].
SECTION 11 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via our primary contact channels or at our physical headquarters:
TSS Supply Inc.
5665 E. Raines Road
Memphis, TN 38115
Phone: 901.432-1684
administrator@tsssupply.com