Last updated: May 7, 2025
Please read these Terms of Service (“Terms”) carefully. By accessing or using the website and services of Texas Metal Works (“Company,” “we,” “us”), you agree to be bound by these Terms. If you do not agree, please do not use our website.
1. Acceptance of Terms
You must be at least 18 years old to use our site. By using our site or placing an order, you affirm that you have the legal capacity to enter into these Terms.
2. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any claim or dispute relating to these Terms or your use of the site will be resolved exclusively in the state or federal courts located in Montgomery County or Harris County, Texas.
3. Intellectual Property
All content on this site – including text, graphics, logos, images, videos, and software – is the property of Texas Metal Works or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may view and print pages for your own non-commercial use; any other use (e.g., reproduction, distribution, modification) is strictly prohibited without our prior written consent.
4. User Content License
If you post comments, reviews, photos, or other content to our site, you grant Texas Metal Works a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that content in any media now known or later developed, without compensation to you. You represent and warrant you own or have all rights necessary to grant this license.
5. Purchases and Products
- Orders: All orders are subject to acceptance by Texas Metal Works and availability of inventory. We reserve the right to refuse or cancel any order for any reason.
- Pricing & Payment: Prices are quoted in U.S. dollars and payment is due at the time of order.
- Shipping & Title: Title and risk of loss pass to you upon delivery to the carrier. You are responsible for inspecting the goods upon receipt. Please see our Shipping Policy for complete details.
6. Disclaimer of Warranties
Texas Metal Works expressly warrants its products solely as set forth in our Forever Guarantee, available at https://texasmetalworks.com/guarantee/ (“Guarantee”). The Guarantee covers defects in material and workmanship for the life of the original product (with a one-year limited warranty on casters, drawer slides, and other non-TMW components), subject to its terms, conditions, and exclusions.
EXCEPT as expressly provided in that Guarantee, TEXAS METAL WORKS DISCLAIMS all other warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranties arising from course of dealing, usage, or trade. No dealer, distributor, agent, or employee of Texas Metal Works is authorized to make any warranties on our behalf beyond those in the Guarantee. All products not covered by the Guarantee are provided “AS IS” and “WITH ALL FAULTS.”
Furthermore, to the maximum extent permitted by law, Texas Metal Works disclaims any liability for special, indirect, incidental, or consequential damages resulting from your use of – or inability to use – any product, even if Texas Metal Works has been advised of the possibility of such damages.
7. Limitation of Liability
IN NO EVENT WILL TEXAS METAL WORKS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OUR SITE, OR YOUR PURCHASES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
8. Indemnification
You agree to fully indemnify, defend, and hold harmless Texas Metal Works and its officers, directors, employees, and agents from and against any claim, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising out of (a) your breach of these Terms or your negligent or willful misuse of our site or products, or (b) your violation of any law or third-party rights.
9. Arbitration Agreement
- Scope: You and Texas Metal Works agree that any dispute or claim arising out of or relating to these Terms, our site, or your purchase will be settled by binding arbitration in Montgomery County, Texas.
- Procedure: Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. Unless you and we agree otherwise, the arbitration will be conducted by a single arbitrator.
- Reservation of Rights: Both you and we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
10. Waiver of Class Actions
You and we agree that any arbitration shall be conducted only on an individual basis. Neither you nor we may bring any claim as a representative or member of a class or consolidated action.
11. Modification of Terms
We may update these Terms at any time by posting a new version on our site. We will note the “Last updated” date at the top. Your continued use after changes means you accept the new Terms.
12. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
