Engineer Supply Terms & Conditions

Last Updated: September 10, 2026

These Terms & Conditions (“Terms”) govern your access to and use of the Engineer Supply website, your purchase of products from Engineer Supply, and related transactions and services.

By accessing our website, creating an account, submitting an order, purchasing a product, or otherwise using our services, you acknowledge and agree to these Terms, our Privacy Policy, Return & Refund Policy, and any additional terms or policies applicable to particular products or services.

If you do not agree to these Terms, you should not use the website or place an order.

1. Eligibility and Authority to Purchase

You represent that you are legally capable of entering into a binding agreement.

If you purchase products on behalf of a business, government agency, educational institution, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

You are responsible for providing accurate and complete account, billing, shipping, payment, tax-exemption, end-user, and other information associated with your transaction.

2. Orders and Acceptance

Submitting an order constitutes an offer to purchase and does not constitute acceptance by Engineer Supply.

Automated order confirmations, payment authorizations, order-status notifications, or other automated communications acknowledge receipt of an order but do not necessarily constitute final acceptance of the transaction.

Engineer Supply reserves the right, to the fullest extent permitted by applicable law, to review, verify, hold, limit quantities, decline, or cancel an order before fulfillment for reasons including:

• Product availability;
• Pricing, catalog, specification, or typographical errors;
• Payment authorization or verification issues;
• Suspected fraud or unauthorized activity;
• Shipping or delivery restrictions;
• Manufacturer or supplier restrictions;
• Export-control or sanctions concerns;
• Compliance or security concerns;
• Errors affecting the transaction;
• Suspected resale, diversion, circumvention, or prohibited activity; or
• Other legitimate business or legal reasons.

If we cancel an order after payment has been collected, any refund due will be handled in accordance with applicable law and our policies.

3. Distributor and Reseller Status

Engineer Supply is a distributor and reseller of products manufactured, designed, produced, packaged, labeled, or supplied by independent third-party manufacturers and suppliers.

Unless expressly stated otherwise, Engineer Supply is not the manufacturer, designer, engineer, fabricator, formulator, or producer of the products offered for sale through the website.

Products may be sold under trademarks and brand names owned by their respective manufacturers or other third parties.

The identification, display, marketing, sale, recommendation, or distribution of a manufacturer's product by Engineer Supply does not mean that Engineer Supply participated in the design, engineering, manufacture, testing, formulation, fabrication, certification, or production of that product.

Engineer Supply's role as a distributor or reseller does not make Engineer Supply an agent, partner, joint venturer, or legal representative of the applicable manufacturer unless expressly agreed otherwise in writing.

Manufacturer names, trademarks, specifications, product documentation, warnings, instructions, certifications, warranties, photographs, and other manufacturer-supplied materials remain attributable to the applicable manufacturer or rights holder.

Nothing in these Terms is intended to disclaim or limit any responsibility that applicable law imposes directly upon Engineer Supply and that cannot legally be disclaimed or limited.

4. Product Information, Manufacturer Data, Specifications and Images

Engineer Supply makes reasonable efforts to provide accurate product information. However, much of the information displayed on our website originates from manufacturers, distributors, suppliers, data providers, or other third parties.

This may include:

• Product descriptions;
• Specifications;
• Dimensions and weights;
• Compatibility information;
• Performance characteristics;
• Technical data;
• Certifications;
• Safety information;
• Proposition 65 information;
• Regulatory information;
• Product warnings;
• Instructions and manuals;
• Warranty information;
• Product images; and
• Availability information.

Engineer Supply does not independently manufacture, engineer, chemically analyze, test, certify, or validate every product or every representation supplied by a manufacturer or other third party.

Manufacturers may modify products, components, specifications, packaging, model numbers, colors, designs, warnings, documentation, accessories, certifications, or other characteristics without prior notice to Engineer Supply.

Product images may be representative and may not depict every configuration, accessory, revision, color, component, or packaging variation.

To the fullest extent permitted by applicable law, Engineer Supply is not responsible for inaccuracies, omissions, or changes in information supplied by a manufacturer or other third party that Engineer Supply did not know, and had no reason to know, were inaccurate or incomplete.

If a particular specification, dimension, tolerance, compatibility requirement, certification, regulatory approval, safety characteristic, or other characteristic is material to your intended use, you should verify that requirement before purchase and use.

5. Pricing, Availability and Errors

Prices, promotions, product availability, shipping estimates, and other website information are subject to change without notice.

Engineer Supply attempts to maintain accurate pricing, but errors may occur.

If a product is listed at an incorrect price or with incorrect information due to a typographical, technical, manufacturer, supplier, data-feed, system, or other error, Engineer Supply may decline or cancel the affected order to the fullest extent permitted by applicable law.

Engineer Supply is not obligated to fulfill an order based on an obvious or material pricing, specification, or catalog error merely because an automated confirmation was issued or payment was authorized.

If payment has already been collected for an order we cancel because of such an error, the amount due to you will be refunded in accordance with applicable law.

6. Availability, Backorders and Lead Times

Product availability and estimated shipping or delivery dates are estimates unless Engineer Supply expressly agrees otherwise in writing.

Products may be stocked by Engineer Supply, shipped directly by a manufacturer or supplier, special ordered, backordered, discontinued, allocated, or otherwise subject to third-party availability.

Manufacturer and supplier lead times may change without notice.

Engineer Supply is not responsible for delays caused by manufacturers, suppliers, carriers, weather, labor disruptions, governmental actions, shortages, transportation interruptions, supply-chain disruptions, force majeure events, or other circumstances outside our reasonable control.

7. Payment and Transaction Verification

You agree to provide valid payment information and authorize Engineer Supply and its payment providers to process amounts properly due in connection with your transaction.

Orders may be subject to payment verification, fraud screening, address verification, identity verification, restricted-party screening, or other security or compliance procedures.

Engineer Supply may request additional documentation or information before processing or releasing an order.

We may hold, delay, decline, or cancel a transaction when information cannot reasonably be verified or when we determine additional review is appropriate.

8. Taxes and Tax-Exempt Purchases

Applicable sales, use, excise, or other taxes may be collected as required by law.

Customers claiming tax-exempt status are responsible for providing valid exemption documentation acceptable to Engineer Supply and applicable taxing authorities.

Submitting an exemption certificate does not guarantee that an order will be processed as tax exempt.

The customer remains responsible for taxes, use taxes, duties, assessments, or other governmental charges that the customer is legally required to pay and that are not collected by Engineer Supply.

9. Shipping and Delivery

Shipping dates and delivery dates are estimates unless expressly guaranteed in writing by Engineer Supply.

Customers are responsible for providing an accurate and complete delivery address and ensuring that the destination can safely and lawfully receive the merchandise ordered.

Carrier delays or service failures occurring after shipment may be outside Engineer Supply's control.

Customers should inspect shipments promptly after delivery and comply with the reporting requirements contained in our Return & Refund Policy.

Additional shipping, redelivery, storage, address-correction, limited-access, detention, reconsignment, residential-delivery, liftgate, inside-delivery, or other carrier charges caused by customer requirements or circumstances may be charged to the customer to the extent permitted by applicable law.

10. LTL and Commercial Freight

Large or heavy merchandise may be delivered by less-than-truckload (“LTL”) or another commercial freight service.

Customers are responsible for ensuring that the delivery location has appropriate access, personnel, equipment, and facilities necessary to safely receive the shipment.

Unless specifically included in the order, standard freight service does not include specialized equipment or services such as:

• Forklift service;
• Crane service;
• Piggyback or truck-mounted forklift service;
• Inside delivery;
• Rigging;
• Installation;
• Unpacking;
• Special site handling; or
• Other non-standard delivery accommodations.

Charges resulting from restricted access, special handling, redelivery, detention, storage, customer delay, specialized equipment, or service upgrades may be the customer's responsibility.

Customers must inspect LTL and commercial freight shipments before signing the carrier's delivery receipt and should document visible damage, shortages, damaged pallets, punctures, crushing, or other irregularities on the delivery receipt.

Applicable freight-damage procedures and reporting deadlines are contained in our Return & Refund Policy.

11. Returns, Refunds, Cancellations and Damaged Products

Returns, refunds, cancellations, damaged shipments, defective products, refused deliveries, unauthorized returns, and related matters are governed by the current Engineer Supply Return & Refund Policy, which is incorporated into these Terms by reference.

The Return & Refund Policy establishes applicable return periods, product-condition requirements, authorization procedures, restocking fees, payment-processing fees, shipping responsibilities, freight inspection requirements, and manufacturer warranty procedures.

Product-specific return restrictions displayed on a product page also apply to that product.

12. Special Orders and Custom Products

Products designated as custom, configured, made-to-order, special order, custom color, or otherwise specially obtained for a customer may be subject to additional restrictions.

Once a special or custom order has been submitted to the applicable manufacturer or supplier, it may become non-cancellable, non-returnable, and non-refundable as stated in our Return & Refund Policy or applicable product terms.

Customers are responsible for reviewing specifications, quantities, colors, configurations, measurements, and other requirements before approving or submitting a special-order purchase.

13. Commercial Furniture and Cosmetic Imperfections

Commercial furniture and other large manufactured products may occasionally contain minor cosmetic variations resulting from manufacturing, packaging, transportation, or handling.

Minor imperfections that do not materially affect the product's structural integrity, safety, or intended functionality may include:

• Small edge nicks;
• Minor surface scuffs;
• Minor corner blemishes;
• Light scratches or marks;
• Finish variations;
• Imperfections located on concealed, rear, underside, or non-visible surfaces; or
• Other minor cosmetic conditions consistent with commercial products.

To the extent permitted by applicable law and applicable manufacturer policies, minor cosmetic imperfections that do not materially affect safety, structural integrity, or normal use may not constitute a product defect requiring replacement, refund, or reimbursement of labor or touch-up costs.

Damage caused after delivery by storage, handling, assembly, installation, modification, or other customer-controlled circumstances is not considered shipping damage.

Substantial shipping damage or structural issues must be reported in accordance with our Return & Refund Policy.

14. Product Selection, Installation, Calibration and Use

Customers are responsible for selecting products appropriate for their intended application and for reviewing and complying with all applicable manufacturer instructions, warnings, manuals, specifications, maintenance requirements, and safety information.

Unless Engineer Supply expressly agrees otherwise in a separate written agreement, Engineer Supply does not provide engineering, architectural, surveying, installation, construction, safety, legal, regulatory, or other professional services merely by selling, describing, demonstrating, or recommending a product.

General product information, sales assistance, or customer-service assistance does not replace manufacturer instructions or the professional judgment required for a particular application.

Customers are responsible for:

• Proper product selection;
• Installation and assembly;
• Calibration and verification;
• Inspection and maintenance;
• Storage and transportation;
• Safe operation;
• Compliance with manufacturer instructions and warnings;
• Using appropriately trained, qualified, certified, or licensed personnel where required;
• Compliance with applicable building codes, workplace-safety requirements, professional standards, laws, and regulations; and
• Using products only for lawful and appropriate purposes.

Professional instruments, lasers, surveying equipment, construction equipment, power equipment, safety equipment, tools, measuring equipment, and other specialized products should be operated only in accordance with manufacturer instructions and applicable safety requirements.

To the fullest extent permitted by applicable law, Engineer Supply is not responsible for injury, property damage, inaccurate measurements, project delay, rework, lost productivity, or other loss resulting from improper product selection, installation, assembly, calibration, modification, maintenance, storage, misuse, unauthorized repair, failure to follow manufacturer instructions or warnings, or use for an unintended or unsuitable application.

15. Product Safety, Warnings and Recalls

Customers are responsible for reviewing and following product safety warnings, operating instructions, labels, manuals, and other safety information supplied by the applicable manufacturer.

Customers must not remove, obscure, alter, defeat, or disregard manufacturer warnings, labels, guards, safety devices, or instructions.

If Engineer Supply receives material product-safety, recall, corrective-action, or warning information applicable to a product, Engineer Supply may take actions it determines appropriate or that are required by applicable law, including:

• Suspending sales;
• Providing available manufacturer information;
• Contacting affected customers where reasonably possible or legally required;
• Directing customers to the manufacturer;
• Facilitating a manufacturer remedy; or
• Taking other appropriate corrective action.

Customers should immediately discontinue use of a product when instructed to do so by the manufacturer, Engineer Supply, or an appropriate governmental authority.

16. Manufacturer Warranties

Unless Engineer Supply expressly provides a separate written warranty, products distributed by Engineer Supply are subject to the warranty, if any, provided by the applicable manufacturer.

Engineer Supply does not manufacture the products and does not assume, enlarge, modify, or replace a manufacturer's warranty merely by distributing or selling the product.

Manufacturer warranties may contain separate:

• Coverage limitations;
• Exclusions;
• Registration requirements;
• Geographic restrictions;
• Claim procedures;
• Repair procedures;
• Replacement procedures; and
• Available remedies.

Warranty determinations involving product design, materials, manufacturing, workmanship, repair, replacement, or other manufacturer-controlled matters may be made by the applicable manufacturer.

Engineer Supply may assist customers in communicating with manufacturers but does not control a manufacturer's warranty determination, repair process, replacement decision, or timing.

Nothing in this section excludes any warranty or remedy that Engineer Supply is legally prohibited from excluding.

17. Product Defects and Manufacturer-Controlled Conditions

Because Engineer Supply generally does not design or manufacture the third-party products it distributes, claims involving an alleged defect in the design, manufacture, materials, formulation, fabrication, factory assembly, labeling, or other manufacturer-controlled characteristic of a product should be directed to the applicable manufacturer where appropriate.

To the fullest extent permitted by applicable law, Engineer Supply disclaims responsibility for defects or conditions resulting exclusively from the design, manufacture, materials, fabrication, formulation, factory assembly, or other conduct of an independent manufacturer over which Engineer Supply had no control and that Engineer Supply did not create, alter, or knowingly conceal.

This provision does not limit responsibility imposed directly upon Engineer Supply by applicable law, including responsibility arising from Engineer Supply's own acts or omissions that cannot lawfully be disclaimed.

18. California Proposition 65

Certain products distributed by Engineer Supply may expose individuals to chemicals identified by the State of California as causing cancer, birth defects, or other reproductive harm and therefore may require a warning under California Proposition 65 (California Health & Safety Code § 25249.5 et seq.).

Engineer Supply distributes products manufactured and supplied by independent third parties and relies in part upon manufacturers, producers, packagers, importers, suppliers, distributors, and other upstream parties to identify products requiring Proposition 65 warnings and to provide accurate warning information.

Where Engineer Supply receives an applicable Proposition 65 warning from an upstream party, or where Engineer Supply otherwise determines that a warning is required, the applicable warning may be communicated through the product page, packaging, labeling, documentation, or another legally permitted method.

Engineer Supply does not independently manufacture or chemically analyze every product it distributes and therefore relies in part upon upstream parties for accurate information concerning product composition, chemical exposure, and applicable warning requirements.

Customers purchasing products for delivery to, resale in, distribution in, or use in California are responsible for reviewing applicable product warnings before purchase and use.

Product-specific Proposition 65 warnings supplied by manufacturers or other responsible parties form part of the applicable product information.

Customers, dealers, resellers, distributors, or other downstream purchasers who subsequently distribute or resell products are responsible for preserving and communicating applicable warnings and product information to the extent required by applicable law.

Nothing in these Terms replaces a product-specific Proposition 65 warning or eliminates a warning or disclosure obligation imposed directly upon Engineer Supply by applicable law.

19. Product and Regulatory Restrictions

Certain products may be subject to federal, state, local, carrier, manufacturer, workplace, transportation, environmental, hazardous-material, battery, chemical, safety, licensing, age, or other restrictions.

Customers are responsible for determining whether possession, installation, transportation, resale, export, transfer, or use of a product is lawful and appropriate for their intended application and jurisdiction.

Engineer Supply may decline, restrict, hold, or cancel transactions involving products subject to legal, safety, carrier, manufacturer, destination, or regulatory restrictions.

Manufacturer safety instructions, warnings, labels, Safety Data Sheets where applicable, manuals, and other product documentation should be reviewed before use.

20. U.S. Export Controls, Sanctions and Anti-Diversion

Products sold by Engineer Supply may be subject to United States export-control, economic sanctions, trade-control, and anti-boycott laws and regulations, including, as applicable, the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) and sanctions programs administered by the U.S. Department of the Treasury, Office of Foreign Assets Control (“OFAC”).

Customer Representations and Responsibilities

By placing an order with Engineer Supply, the customer represents, warrants, and agrees that:

• All information provided in connection with the transaction is accurate, complete, and not misleading;
• The customer is the actual purchaser or is authorized to purchase on behalf of the identified purchaser;
• The customer will accurately disclose the ultimate end user, end use, destination, beneficial ownership, and other information reasonably requested by Engineer Supply;
• The customer is not purchasing for, acting on behalf of, or facilitating a transaction for a person, entity, organization, country, territory, or other party prohibited or restricted under applicable U.S. law;
• Products will not be exported, reexported, transferred, transshipped, resold, diverted, released, or otherwise provided, directly or indirectly, in violation of applicable U.S. export-control or sanctions laws;
• Products will not be used, directly or indirectly, for any prohibited end use or by any prohibited end user;
• The customer will not use a freight forwarder, export broker, reshipper, intermediary, alternate delivery address, third party, or other arrangement for the purpose of concealing the actual purchaser, beneficial owner, end user, end use, destination, intended disposition, or export of a product or circumventing Engineer Supply's compliance procedures or shipping restrictions; and
• The customer will obtain any license, authorization, approval, or governmental permission required for a subsequent export, reexport, transfer, resale, or use for which the customer is legally responsible.

These obligations continue after delivery.

Freight Forwarders, Reshippers and Export Intermediaries

Engineer Supply does not ship to freight forwarders.

Orders involving freight forwarders, export brokers, reshippers, intermediaries, or other third-party arrangements that Engineer Supply determines are inconsistent with its shipping or compliance policies may be refused or cancelled.

Attempts to conceal or circumvent this restriction through alternate addresses, third parties, misleading information, transshipment arrangements, or other methods constitute a material violation of these Terms.

Compliance Screening and Verification

Engineer Supply maintains procedures intended to support compliance with applicable U.S. export-control and sanctions requirements.

These procedures may include:

• Transaction screening;
• Restricted-party screening;
• Name and address screening;
• End-user and end-use review;
• Destination review;
• Identification of compliance red flags;
• Fraud screening; and
• Additional verification where appropriate.

Engineer Supply may request information or documentation concerning the purchaser, beneficial owner, payment source, end user, end use, destination, delivery address, business activities, ownership, or other circumstances associated with an order.

Customers agree to cooperate with reasonable compliance inquiries and provide accurate, complete, and timely information.

Right to Hold, Investigate, Refuse or Cancel

Engineer Supply may, to the fullest extent permitted by applicable law, hold, delay, investigate, restrict, refuse, or cancel any transaction when additional compliance review is appropriate or when a transaction presents an actual or potential export-control, sanctions, fraud, diversion, legal, or compliance concern.

This includes circumstances where:

• Screening identifies a potential match or concern;
• Customer, ownership, end-user, end-use, payment, address, or destination information cannot reasonably be verified;
• Information is incomplete, inconsistent, inaccurate, or potentially misleading;
• An unresolved compliance red flag exists;
• A freight forwarder, reshipper, intermediary, export broker, or prohibited shipping arrangement is identified;
• Engineer Supply reasonably suspects attempted circumvention, diversion, transshipment, concealment, or prohibited end use; or
• Completing the transaction could violate applicable law or expose Engineer Supply to unacceptable compliance risk.

Engineer Supply is not required to complete a transaction merely because an order was submitted, payment was authorized or collected, an automated confirmation was issued, or the transaction initially passed an automated or manual screening process.

No Authorization of Subsequent Export, Reexport or Diversion

Acceptance or fulfillment of an order does not constitute a representation, warranty, determination, license, approval, or authorization by Engineer Supply that any subsequent export, reexport, transfer, resale, diversion, transshipment, end use, or disposition of a product is lawful.

A transaction passing Engineer Supply's screening procedures does not relieve the customer or any other party of its independent obligations under applicable law.

Availability of shipping to a particular destination does not constitute a representation that every product may lawfully be exported, reexported, transferred, resold, or used in that destination.

Misrepresentation and Circumvention

Any attempt to conceal or misrepresent the identity of the purchaser, beneficial owner, end user, end use, destination, payment source, delivery arrangement, or intended disposition of merchandise constitutes a material violation of these Terms.

Engineer Supply may cancel or terminate the affected transaction and take other actions reasonably necessary to protect its legal and compliance interests.

Engineer Supply may preserve relevant records and provide information to governmental, regulatory, law-enforcement, financial, shipping, or other appropriate parties when permitted or required by applicable law.

Export-Control Indemnification

To the fullest extent permitted by applicable law, the customer agrees to indemnify, defend, and hold harmless Engineer Supply and its officers, directors, employees, and agents from claims, losses, damages, liabilities, penalties, fines, costs, and reasonable attorneys' fees arising from or relating to the customer's:

• Violation of applicable export-control, sanctions, or trade laws;
• Breach of the representations or obligations in this section;
• Provision of false, inaccurate, incomplete, or misleading information;
• Unauthorized export, reexport, transfer, transshipment, resale, diversion, or prohibited use; or
• Attempt to circumvent Engineer Supply's compliance procedures or shipping restrictions.

Nothing in these Terms limits or eliminates any compliance obligation imposed directly upon Engineer Supply by applicable law.

21. Resale, Distribution and Marketplace Activity

Purchasing a product from Engineer Supply does not by itself authorize a customer to represent itself as an authorized dealer, distributor, representative, agent, or affiliate of Engineer Supply or the applicable manufacturer.

Products may be subject to manufacturer-imposed resale, distribution, territory, marketplace, export, warranty, or other restrictions.

Customers who resell or redistribute products are responsible for compliance with applicable laws and legally applicable product warnings, recalls, instructions, restrictions, and regulatory requirements.

Customers may not remove or alter serial numbers, regulatory labels, manufacturer warnings, safety information, or other legally required product information.

Customers may not use Engineer Supply's name, trademarks, copyrighted content, photographs, product descriptions, or other intellectual property in a manner that falsely suggests sponsorship, authorization, affiliation, or endorsement.

22. Fraud, Abuse and Payment Disputes

Customers agree to contact Engineer Supply promptly regarding legitimate order, billing, delivery, return, or refund concerns so that we have an opportunity to investigate and resolve the matter.

Nothing in these Terms limits a customer's lawful rights under applicable payment-card, banking, or consumer-protection laws.

However, knowingly making a false claim, providing false information, falsely claiming non-receipt, retaining merchandise while seeking an improper reversal of payment, or otherwise engaging in fraudulent payment activity may result in account restrictions, collection activity, cancellation of pending orders, preservation of relevant records, or other remedies permitted by law.

Engineer Supply may provide order records, tracking information, proof of delivery, communications, photographs, transaction information, and other relevant evidence to payment processors, card issuers, financial institutions, carriers, law-enforcement authorities, or other appropriate parties when responding to a payment dispute or suspected fraud.

23. Call Recording and Monitoring

Engineer Supply may record or monitor incoming and outgoing telephone calls for quality assurance, training, security, documentation, dispute resolution, and compliance purposes.

Where required by applicable law, notice or consent will be obtained before or in connection with recording.

By continuing a call after receiving legally sufficient notice that the call may be recorded, you consent to recording to the extent permitted by applicable law.

If you do not wish to communicate by a recorded telephone call, you may end the call and communicate with Engineer Supply through an available written channel.

24. Intellectual Property

Unless otherwise indicated, the website and its original content, design, text, graphics, logos, icons, images, videos, data compilations, software, and other materials are owned by or licensed to Engineer Supply and are protected by applicable intellectual-property laws.

Manufacturer names, trademarks, product images, documentation, and other third-party intellectual property remain the property of their respective owners.

Nothing on the website grants a license to use Engineer Supply's trademarks, copyrighted material, or other intellectual property except as expressly authorized in writing.

Unauthorized reproduction, scraping, copying, republication, distribution, commercial exploitation, or creation of derivative works from protected website content is prohibited to the extent permitted by law.

25. Third-Party Websites and Services

The website may contain links to or integrations with third-party websites, payment providers, manufacturers, carriers, applications, or other services.

Engineer Supply does not control independent third-party services and is not responsible for their content, availability, privacy practices, security, representations, or performance.

Use of third-party services may be subject to separate terms and policies established by those third parties.

26. Privacy

Personal information collected through the website and our services is handled in accordance with the current Engineer Supply Privacy Policy, which is incorporated into these Terms by reference.

27. Electronic Communications

By communicating with Engineer Supply electronically, creating an account, or placing an order, you consent to receive transactional communications electronically where permitted by law.

Electronic communications may include order confirmations, invoices, shipping notices, account communications, return information, compliance inquiries, policy notices, and other records relating to your transaction.

You agree that electronic communications and records may satisfy applicable requirements that communications be provided in writing to the extent permitted by law.

Marketing communications are governed by applicable law and our Privacy Policy.

28. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, SERVICES, INFORMATION, AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

ENGINEER SUPPLY MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF HARMFUL COMPONENTS.

EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED BY ENGINEER SUPPLY IN WRITING AND RIGHTS OR WARRANTIES THAT CANNOT LEGALLY BE DISCLAIMED, ENGINEER SUPPLY DISCLAIMS WARRANTIES ARISING FROM OR RELATING TO THE WEBSITE AND SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH DISCLAIMERS ARE PERMITTED BY APPLICABLE LAW.

PRODUCTS DISTRIBUTED BY ENGINEER SUPPLY MAY BE SUBJECT TO SEPARATE WARRANTIES PROVIDED BY THEIR RESPECTIVE MANUFACTURERS.

ENGINEER SUPPLY DOES NOT ASSUME OR EXPAND A MANUFACTURER'S WARRANTY MERELY BY DISTRIBUTING OR SELLING THE PRODUCT.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME DISCLAIMERS MAY NOT APPLY TO YOU.

29. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENGINEER SUPPLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL, PROJECT DELAYS, BUSINESS INTERRUPTION, REPLACEMENT LABOR, REWORK, OR LOST PRODUCTIVITY ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, PRODUCTS, OR A TRANSACTION, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENGINEER SUPPLY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR PRODUCT, ORDER, OR TRANSACTION WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO ENGINEER SUPPLY FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED.

Some jurisdictions do not allow certain exclusions or limitations of damages. Where prohibited, the applicable limitation will apply only to the maximum extent permitted by law.

30. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Engineer Supply and its officers, directors, employees, and agents from and against third-party claims, liabilities, damages, losses, costs, penalties, and reasonable attorneys' fees arising from or relating to:

• Your material breach of these Terms;
• Your violation of applicable law;
• Your fraudulent or unlawful conduct;
• Your unauthorized resale, export, reexport, diversion, transfer, or distribution of products;
• Your misuse, improper installation, unauthorized modification, or unlawful use of a product;
• Your failure to follow manufacturer warnings or instructions;
• Your removal or alteration of safety warnings, labels, serial numbers, or regulatory information; or
• Your infringement or violation of another person's rights.

This provision does not require you to indemnify Engineer Supply for liability to the extent caused by Engineer Supply's own conduct where such indemnification is prohibited by applicable law.

31. Force Majeure

Engineer Supply will not be responsible for delay or failure in performance caused by circumstances beyond its reasonable control, including:

• Natural disasters;
• Severe weather;
• Fire or flood;
• Epidemics or pandemics;
• War, terrorism, or civil disturbance;
• Governmental action;
• Embargoes or sanctions;
• Import or export restrictions;
• Labor disputes;
• Transportation interruptions;
• Carrier failures;
• Cyber incidents;
• Utility or telecommunications failures;
• Supplier failures;
• Manufacturing interruptions;
• Material or product shortages;
• Supply-chain disruptions; or
• Other events beyond our reasonable control.

This section does not eliminate obligations that cannot legally be excused.

32. Governing Law and Venue

Except where applicable law requires otherwise, these Terms and disputes arising from them will be governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-laws principles.

Subject to rights that cannot legally be waived, any judicial proceeding arising from or relating to these Terms, the website, or a transaction with Engineer Supply shall be brought in a court of competent jurisdiction located in Virginia, and the parties consent to the jurisdiction of such courts.

Nothing in this section deprives a consumer of protections that cannot lawfully be waived under applicable law.

33. No Waiver

Engineer Supply's failure to enforce any provision of these Terms on one occasion does not constitute a waiver of that provision or our right to enforce it later.

Any waiver must be expressly made by Engineer Supply and applies only to the circumstances for which it is given.

34. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or modified to the minimum extent necessary to make it enforceable.

The remaining provisions will remain in effect.

35. Assignment

You may not assign or transfer your rights or obligations under these Terms without Engineer Supply's prior written consent.

Engineer Supply may assign or transfer its rights and obligations in connection with a merger, acquisition, restructuring, sale of assets, corporate reorganization, or other lawful business transaction, subject to applicable law.

36. Entire Agreement and Order of Precedence

These Terms, together with the Engineer Supply Privacy Policy, Return & Refund Policy, applicable product-page restrictions, written quotations, and other terms expressly incorporated by reference, constitute the agreement governing your use of the website and applicable purchases.

If a written quotation, purchase agreement, or other contract signed or expressly accepted in writing by Engineer Supply contains terms that directly conflict with these Terms, the specifically negotiated written terms will control to the extent of that conflict.

Customer purchase orders, procurement forms, acknowledgments, vendor portals, boilerplate terms, or other customer documents do not modify, supplement, or supersede these Terms merely because Engineer Supply accepts an order, processes a purchase order, ships merchandise, issues an invoice, accepts payment, or otherwise performs.

Any additional or conflicting customer terms are rejected unless Engineer Supply expressly agrees to them in writing.

37. Changes to These Terms

Engineer Supply may update these Terms from time to time to reflect changes in our business, services, products, policies, technologies, or legal requirements.

Changes will become effective when posted or as otherwise stated, subject to applicable law.

The Terms applicable to a transaction will generally be those in effect when the applicable order is placed, except where a change is required by law or otherwise legally applicable.

38. Contact Information

Questions concerning these Terms may be directed to Engineer Supply through the contact information provided on our website.

Questions regarding returns may be directed to:

Corporate@EngineerSupply.com

For export-control or compliance inquiries, customers should contact Engineer Supply before placing or proceeding with a transaction if there is uncertainty regarding the intended purchaser, beneficial owner, end user, end use, destination, export, reexport, transfer, or resale.

Nothing in these Terms is intended to waive, restrict, or eliminate any right or obligation that cannot legally be waived, restricted, or eliminated under applicable law.