Terms of Use

1. Introduction

Welcome to http://portal.tekton.com (the "Site"). The Site is owned and operated by Tekton, Inc. and its affiliates. These terms of use ("Terms") govern your use of the Site. Your compliance with these Terms is a condition to your use of the Site. In addition, by placing an order, you agree to these Terms. If you have already placed your order and no longer want to be bound to these Terms, then please contact us at 616-214-8900 and cancel your order. For a description of our privacy practices and policies, please review our Privacy Policy, which is expressly incorporated herein by reference.

2. Accuracy and Integrity of Information

Although we work hard to maintain the accuracy and integrity of the Site, we unfortunately cannot guarantee the correctness or accuracy of the Site or its content. It is possible that the Site may include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In some cases, dimensional measurements may be rounded. In the event that you find an inaccuracy, please let us know so that we are able to correct it.

3. Access to Site and User Accounts

Most areas and features of our Site require you to establish a user account with a user ID and password and be logged into your account. Creating an account is free, but you must be at least 18 years old. If necessary, we may ask you for proof of age. Please do not share or disclose your user ID or password to any third party. You are fully responsible for all activity that occurs under your user ID. We reserve the right to revoke your access to the Site, suspend your account, and/or delete any of your Content.

4. Order Acceptance

We must approve all orders we receive. We may cancel or reject an order for many reasons, including restrictions on quantities, inaccuracies or errors in product or pricing information, or other issues. Tekton will only bill you for the products that we ship. Your order will be billed when it is shipped. Tekton will not backorder unless you ask and only if it is feasible. We will contact you if we need to make changes to your order.

5. Payment Terms

  • Prepay is the default payment term.
  • You may complete a credit application and request credit from Tekton. If we approve a credit line, normal payment terms will be net 30 days from the date of the invoice.
  • Tekton may approve other payment terms at our discretion.
  • Tekton expects to be paid within terms. If you do not pay within terms, we may charge you a monthly interest rate of 1% per month on overdue balances.

6. Prices

Prices are not guaranteed and are subject to change without notice.

7. Changes or Cancellations

After Tekton accepts an order, you normally cannot change or add to the order, even if your request is made soon after placing it. If you need to add to it, we will normally process a new order but cannot guarantee they will ship together.

8. Minimum Order

Tekton's standard minimum order requirement is $100. For new customers requesting credit approval, the minimum order requirement for the first order is $300.

9. Standard Packaging

Standard pack quantities meet market requirements. Unless we have a different agreement, all orders will be adjusted to the nearest standard pack quantity or other designated minimum quantity.

10. Freight

  • Tekton will only use carriers that it determines to be reputable.
  • If your order does not qualify for prepaid shipping, it will be shipped freight prepaid, and the shipping charges will be added to the invoice. You may request collect service as long as specific carrier information and account number are provided.
  • You may specify a carrier or routing of your choice; however, when your choice of carrier or routing results in a higher freight charge than Tekton's choice of carrier or routing, the additional cost will be added to the invoice.

11. Delivery Conditions

  • Specified shipping dates are based only on our best estimates and cannot be guaranteed.
  • Tekton is not responsible for, and assumes no liability for, any damages or penalties that might be incurred due to a delay in the shipment or delivery of an order.

12. Claims

  • Claims for pricing errors must be submitted in writing to Tekton within 30 days of the date on the applicable invoice. Tekton will not accept any price-related claims after this period has ended.
  • Claims for shortages must be made in writing within 10 days of delivery. Tekton will not accept any claims after this period has ended.
  • All claims for damage deductions must be made within 10 days of delivery. Tekton will not accept any damage claims after this period has ended.
  • No returns of any kind will be accepted without prior written authorization from Tekton. Tekton will only issue credit for defective product returns if you follow the procedure outlined in section 13 of the Terms.
  • All credit not claimed within one year will expire.
  • If you receive products that you did not order, please report the overages to Tekton.

13. Returns of Defective Products

  • "Defective Products" includes products that were found to be materially defective by you or by an end user.
  • You may not return Defective Products to Tekton without first obtaining a written return authorization from Tekton.
  • To obtain a return authorization, you must make the request in writing and include a list of the products to be returned along with an explanation for the return.
  • After approving the request, we will issue a return authorization number (RA#) and specify whether the products should be returned or destroyed.
  • When a return has been authorized, a copy of the issued return authorization must accompany the returned product.
  • Alternative arrangements for handling defective products, such as a defective allowance, may be negotiated.
  • Tekton will not give credit for returns that do not comply with this policy.

14. Returns of Unsold Products

Tekton does not accept returns of unsold product or give credit for stock adjustments.

15. Always Guaranteed®

"Always Guaranteed" is the name of the end-user warranty program for all TEKTON-brand products. Always Guaranteed means that we will make it right, regardless of when the product was purchased. In many cases, this will mean a free and prompt replacement. In others, it may mean offering a suggestion or just sending a part. In all situations, we will work to surpass the end user's expectations for respectful, fast, and effective product support.

16. WorkShop®

The WorkShop program is subject to additional terms. If you are interested in purchasing WorkShop products, please discuss the program with your Tekton account manager. WorkShop products may not be sold into California or online without explicit approval from your account manager.

17. Changes to or Discontinuation of Products

Tekton may elect to make changes in product design or construction at any time.

18. Intellectual Property

While this agreement is in effect, Tekton grants you a limited license to use Tekton's intellectual property, including its trademarks, photos, product descriptions, etc., in connection with the sale of Tekton products that you have available for sale. All use of Tekton's intellectual property must adhere to Tekton's brand standards. Misuse of Tekton's intellectual property may result in the termination of business between you and Tekton and possible legal action.

19. Our Site

The Site is protected by United States and international copyright and trademark laws, and together with any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (collectively, the "Content") may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved, in writing, by us. You may not frame or utilize framing techniques to enclose, or deep link to, our names, trademarks, service marks, logos, Content, or other proprietary information without our express written consent.

You are also prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account for which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms or in violation of applicable law. Violations of system or network security may result in civil or criminal liability.

20. Disclaimer of Warranties

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES, IF ANY, RELATING TO TOOLS PURCHASED THROUGH THE SITE CAN BE FOUND ON THE SITE, IN DOCUMENTATION SHIPPED WITH THE TOOL, OR BY CONTACTING US. THERE ARE NO OTHER WARRANTIES FOR THE TOOLS. THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN OR THEREIN, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Descriptions of tools contained on the Site are for the sole purpose of identifying the tools and shall not be construed as an express warranty.

21. Limitation of Liability Regarding use of Site

Tekton and third parties mentioned on this Site are not liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating, directly or indirectly, in any way to the sale, handling, or use of tools, the Site, Site-related services, content or information contained within the Site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related services, and/or linked websites is to stop using the Site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of Tekton to you with respect to your use of this Site is $100.

22. Choice of Law and Venue

You agree that Michigan law will govern this agreement and any dispute that may arise between you and Tekton. You further agree to the exclusive jurisdiction and venue of the federal or state courts located in Kent County, Michigan.

23. Severability

If any provision of these Terms is found to be unenforceable, for any reason, by a court of competent jurisdiction, the unenforceable provision is dropped from the Terms. The surviving provisions of the Terms remain in force.

24. Miscellaneous Terms

We reserve the right, in our sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. These Terms will be construed according to, and the rights of the parties will be governed by, the laws of the State of Michigan, without reference to its conflict of laws rules. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms constitute the entire agreement between you and Tekton pertaining to the subject matter hereof. In our sole discretion, we may from time to time revise these Terms by updating this page. Your continued use of the Site or any purchase made thereon constitutes your acceptance of such modified terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site. These Terms are personal to you, and you may not assign them, transfer them, or sublicense them without our prior written consent. However, we may assign, transfer, or delegate any of its rights and obligations under these Terms without your consent, and will not provide you with notice of any such event by email or by conspicuously posting the notice on the Site.

Last Revised: December 28, 2016