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TSN Online Purchase Agreement

Last updated 9/1/2017

This Online Purchase Agreement (“Agreement”), effective upon submission of this order ("Purchase Date"), is by and between The Steel Network, Inc. (“TSN”) and (“Purchaser”). The parties agree that the terms of this Online Purchase Agreement will control all transactions between the parties with regard to the online sale of all members and components of systems on the TSN Customer Portal, including all stud, column assemblies, joist, track, rafters, standard and custom connectors, boot kits and flat strap products (“TSN Products”) by TSN to Purchaser, and that the terms of this Agreement will be incorporated into all subsequent online purchase orders for TSN Products. Purchaser acknowledges that each quote (draft order) and order for TSN Products from TSN will incorporate this Agreement by reference and that the terms and conditions of this Agreement shall apply and form an integral part of any agreement to purchase TSN Products. TSN will manufacture the desired components in accordance with Purchaser’s specifications. TSN will supply to Purchaser the component design information for the quoted TSN Products which may be submitted to a third party at the Purchaser’s request, and TSN will also supply technical support to assist in the submittal process.

1. Order Entry: Purchaser represents that it has provided TSN with the correct dimensions and quantities of products required, as well as any other relevant design requirements, special punch-out patterns, and/or material specifications. Purchaser confirms there are no mistakes on this order. Once orders are authorized, the items on this order become non-cancellable and non-returnable at TSN's discretion, with the exception of TSN standard inventoried parts. Any non-standard item produced prior to a customer-initiated change will be shipped and if not already paid for will be billed (F.O.B. TSN) to customer.

In the event of obvious errors on the TSN Customer Portal or made in connection with Purchaser’s order, TSN reserves the right to correct the error and charge you the correct price. In this situation, you will be contacted by TSN and offered the option of purchasing the product at the correct price or canceling Purchasers order. Credits or refunds will be made using the same method of payment. Asterisk (*) denotes special parts or custom length members. A signed product drawing will be required for all special parts but not custom length members. These items may not be returned for credit.

TSN Connection Products are only available in full box quantities. VertiTrack®, DriftTrak®, MidWall™, CircleTrak®, ThermaFast™, & PrimeWall® Accessories are quoted in full pallet quantities.

All structural metal is coated G60 unless otherwise noted. All stud member knockouts are standard 12" from leading end, unless otherwise noted. Studs less than 6ft will be un-punched and anything less than 60" will incur a cut charge.

2. Shipping: TSN will ship TSN Products to Purchaser’s specified destination. All displayed shipping dates, transit times, and costs displayed on the website are non-binding estimates provided for the estimation of shipping charges and are dependent upon the size and technical requirements of such an order. All orders and shipping estimates are subject to change in TSN’s production schedule, availability of materials, and commercial shipping availability at the time of order.

A 24-hour notice by the customer is requested for Customer Pick-ups unless other arrangements have been made.

Inventory levels permitting, UPS orders placed before 1:30PM and LTL placed before Noon will the ship same day. Freight is subject to increased transportation surcharges and trucker availability at time of shipment. Freight is subject to increased transportation surcharges and trucker availability at time of shipment.

A $100 - $250 drop charge fee will be applied to each stop for multi-stop deliveries. Requests for specific delivery times will be noted on the delivery documents, but TSN will not be held responsible if carrier is delayed and fails to meet time requested. The following orders are not eligible for free shipping:

  • Orders shipped to Alaska, Hawaii, Puerto Rico, the US Virgin Islands, or countries outside of the United States are not eligible for free shipping.
  • Member orders, mixed member/clip orders, VertiTrack®, CircleTrak®, DriftTrak®, DriftCorner®, MidWall™, and special(custom) clips are not included; please call for freight quote.
  • Orders with expedited shipping. Damage of products during shipment shall be the responsibility of the shipping company, and must be identified prior to unloading the Products. Once the Products are accepted at point of destination by the Purchaser, the Purchaser shall assume risk of loss and shall be responsible for unloading Products.

3. Length Restrictions: Minimum 6’ (cut charges may apply for smaller lengths), Maximum 48’ (subject to additional freight charges) Please contact TSN for 50ksi pricing on items typically run in 33ksi. Up charges may apply. For coatings other than G-60, contact TSN for up charge amount. Each of the following conditions is subject to an up-charge of 15% on the per unit price at TSN sole discretion:

  • Orders placed for product that require special shipping and handling instructions, special markings or identifying tags on pallets. • Track ordered in lengths other than 10’ in small runs.
  • Non-stocked stud or track ordered in quantities less than 50 pieces per specified length.
  • Knock out patterns other than standard.

4. Sales Tax: Shipments made within North Carolina and Nevada may be charged state sales tax unless you are a qualified reseller. It is the responsibility of the Purchaser to ensure they are paying appropriate sales tax.

5. Price Protection, Acceptance of Purchase Order: Unless otherwise specified in a given draft order, all draft orders entered on the TSN Customer Portal will be honored for thirty (30) days, within which time Purchaser must complete the order. If the order is not completed within the 30 day quote period, it is subject to repricing. At TSN’s sole discretion, any such purchase order may be accepted with an extended delivery date at the original quoted price. TSN will begin production upon receipt and acceptance of a purchase order. Purchaser will be liable for acceptance of delivery and payment for the full amount of the order upon acceptance of such purchase order by TSN.

6. Payment Terms: Purchaser agrees to pay all invoices according to the payment method selected:

  • Credit Card/PayPal/ACH: Upon submission of the order, Purchaser authorizes TSN to charge Purchasers credit card or account immediately in the amount due. Purchaser shall be responsible for all fees related to insufficient funds, chargebacks, etc.
  • TSN Account: If TSN has approved Purchaser for a TSN Account, TSN’s standard terms of net thirty (30) days from date of shipment, and agrees to pay interest on any past due amount at a rate of one and one-half percent (1.5%) per month or the maximum amount allowed under applicable law if less, calculated from the date such amount was due until payment is made. Purchaser agrees that any products to be shipped to a location outside of the United States will be secured with a letter of credit from an approved financial institution by the purchaser, project owner or other accepted party prior to shipment. Purchaser further agrees and promises to pay all reasonable costs of collection related to any past due amounts, including but not limited to agency and/or attorneys’ fees.
  • Promotional Coupon Codes (Promo Codes): Promotions using coupon codes cannot be combined with any other offer. Payment on orders made with a promotional coupon code are due Net 30.  Products will be shipped as inventory levels permit.

7. US Export Control: The commodities, technology, and/or products must be exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is strictly prohibited.

8. Set-Off: No deductions from any amount due shall be allowed unless agreed upon in advance by TSN in writing. Purchaser acknowledges that the Products are fabricated specifically to meet the specifications for each project. Therefore, TSN will not accept any returns, including but not limited to refusal of shipment, for any reason other than the return of defective Products. Returns of defective Products can be made only upon the prior written approval of TSN.

9. Product Use: TSN products are designed and manufactured for the specific purposes shown in TSN’s product catalogs, and should not be used in other applications unless approved by a qualified design professional. All modifications to products or changes in installation procedures should be made by a qualified design professional. The performance of such modified products or altered installation procedures is the sole responsibility of the design professional or installation contractor. The installation contractor and/or qualified design professional are responsible for installing all products in accordance with relevant specifications and building codes. Customers modifying products or installation procedures, or designing non-standard products for fabrication by TSN shall, regardless of specific instructions to the user, indemnify, defend, and hold TSN harmless for any and all claimed loss or damage occasioned in whole or in part by non-standard or modified products or installation procedures. Loads published on TSN’s website and current product catalogs site are for the described specific applications of properly installed products. Modifications to TSN Products, improper loading or installation procedures, or deviations from recommended applications will affect TSN Products' load-carrying capacities. TSN Products are fabricated from hot-dipped galvanized steel for corrosion protection but will corrode and lose load-carrying capacity if exposed to salt air, corrosive fire-retardant chemicals, fertilizers, or other substances that may adversely affect steel or its galvanized coating. This website reflects changes in the allowable loads and configurations of some of TSN's products. This information supersedes information in earlier catalogs or technical reports. All earlier catalogs or technical reports should be discarded and reference made exclusively to this website. TSN may correct any clerical or typographical errors. All sales are subject to TSN's standard terms and conditions of sale, however, any terms or conditions included in this Agreement shall control over any conflicting standard terms and conditions.

10. Limited Warranty: TSN warrants TSN Products to be free from defects in material or workmanship at the time of shipment. This warranty excludes uses not in compliance with specific applications and installation procedures set forth in TSN’s applicable product catalogs. Any substitution of a TSN product if it is part of a building system design will immediately void any warranty claim made by Purchaser. Warranty claims must be made by Purchaser in writing within ninety (90) days of receipt of the Products. All warranty obligations of TSN shall be limited, at the sole discretion of TSN, to repair or replace the defective Product(s). These remedies shall constitute TSN's sole obligation and sole remedy of Purchaser under this warranty. In no event will TSN be responsible for incidental, consequential, indirect, exemplary, special, or punitive damages, or other losses or damages however caused, including but not limited to lost revenue or lost profits. TSN's liability for damages shall in no event exceed the applicable portion of the purchase price for defective product(s). Product defects that arise from acts of God, accidents, misuse, misapplication, improper installation, storage damage, negligence, or modification to Product(s) or its components are specifically excluded from this warranty. Product defects that arise from Purchaser providing incorrect information to TSN, including but not limited to incorrect specifications such as incorrect dimensions, design requirements and/or loads, are also specifically excluded from this warranty. TSN does not authorize any person or party to assume or create for it any other obligation or liability in connection with Products except as set forth herein. This Warranty is made expressly in lieu of all other warranties, expressed or implied, including any warranties of merchantability or fitness for a particular purpose, all such other warranties being hereby expressly excluded.

11. Returns: TSN accepts returns on its standard catalog products under most circumstances. Customers must have TSN authorization prior to any returns. All products must be in original boxes and have full count of pieces; opened boxes or containers cannot be returned. Modified or custom-made products, including all products that have to be specifically cut, assembled, or otherwise produced for specific projects or applications, and specifically including all stud, column, and StiffWall® SW-S products, may not be returned for any reason other than warranty claims authorized in advance by TSN. Customer must pay return freight to TSN. No products may be returned after 90 days from delivery. A 20% restocking and repackaging fee will be charged.

12. Agreement Not to Compete: For a period of three (3) years following the latest date of acceptance of this Agreement (Purchase Date), neither Purchaser nor any Purchaser Affiliate, shall compete in the European Union, Europe, Asia, Canada or the USA with TSN in the manufacture, sale, or other distribution of any TSN Products except SSMA/SFIA member products that may also be produced by TSN. 

13. Miscellaneous: Purchaser acknowledges and agrees that any terms or conditions included on any purchase order issued by Purchaser that are inconsistent with the terms and conditions of this Agreement shall be null and void and given no effect unless explicitly accepted by TSN in writing. Any waiver by either party of any breach of any term or provision of this Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement.

  1. Other Policies & Agreements: Other standard terms and conditions published on TSN's website apply:
    1. TSN Policies: https://www.steelnetwork.com/Policies
    2. TSN Customer Portal EULA: https://www.steelnetwork.com/terms-and-conditions
  2. Governing Law: This Agreement and the interpretation of its terms shall be construed in accordance with the laws of The State of North Carolina, Wake County without regard to any conflict of law provisions. Should any provision of this Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining provisions hereof.
  3. Updates: TSN reserves the right to update or amend this Agreement at any time. Modifications to this Agreement will be effective upon the date of posting on the TSN website or via email. Acceptance of amended terms will be implied through continued use of the TSN Customer Portal for the submission of online orders. If Licensee objects to such amendments they should cease using the TSN Customer Portal for the submission of online orders immediately.
  4. Termination: This agreement is effective until terminated by TSN or Purchaser through prior written notice. Upon termination or expiration of this Agreement for any reason Purchaser shall immediately cease using all TSN Customer Portal. Subject to applicable law, in our sole discretion, TSN reserves the right to suspend account access and terminate this Agreement for any reason. The provisions of Sections 7-11 shall survive any termination or expiration of this Agreement.
  5. Independent Parties: Nothing contained herein shall be construed as creating a joint venture, partnership, agent or employment relationship between TSN and Purchaser. TSN and Purchaser expressly agree that they are independent contractors. Under no circumstances shall any of the employees of one party be deemed the employees of the other for any purpose.
  6. Assignment: Purchaser shall not assign or delegate this Agreement or any portion of this Agreement without TSN’s prior written consent.
  7. Counterparts: This Agreement may be executed in several counterparts that together shall constitute one and the same instrument. h.
  8. Severability: If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, each and every other provision shall nevertheless continue in full force and effect.
  9. Attorney’s Fees: In the event a dispute arises regarding this Agreement, the prevailing Party shall be entitled to its reasonable attorney’s fees and expenses incurred in addition to any other relief to which it is entitled.
  10. Waiver: The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. No waiver of any breach of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach or of any other provision of this Agreement. No extension of time for performance of any obligation under this Agreement shall be deemed an extension of time for performance of any other obligation or act under this Agreement.

The Purchaser (individuals) submitting this order are electronically signing this Agreement for the company associated with this account and represent that they have the authority to enter into and legally bind the Purchaser to the terms of this Agreement.

If you have questions concerning this Online Purchase Agreement or wish to make a warranty claim, please write to: The Steel Network, Inc. Attention: Legal Division 2012-A TW Alexander Drive P.O. Box 13997 Durham, NC 27709