Terms and Conditions

Last Updated: May 19, 2026

Welcome to the website of Torsion Group Corp dba Action Industries (“Action Industries,” “Action,” “we,” “our,” or “us”). These Terms & Conditions (“Terms”) govern your use of: action-ind.com and any linked microsites or pages operated by Action Industries.

These Terms also apply to purchases, accounts, quotes, and transactions conducted with Action Industries by any means, including online, phone, email, or purchase order.

By accessing our website, creating an account, or placing an order, you agree to these Terms. If you do not agree, please do not use our website or services.

1. Website Use

You agree to use this website only for lawful purposes and in accordance with these Terms & Conditions.

You may not:

• Violate applicable laws or regulations
• Attempt unauthorized access to systems or accounts
• Interfere with website functionality or security
• Use automated tools, scraping, or bots without permission

Action Industries reserves the right to restrict or terminate website access for violations of these Terms.

2. Eligibility & Account Registration

Our website and online ordering features are intended for dealers, distributors, OEMs, and qualified business customers.

By creating an account, you agree to:

• Provide accurate and complete account information
• Maintain the confidentiality of your login credentials
• Accept responsibility for all activity conducted under your account

Action Industries reserves the right to approve, deny, suspend, or revoke account access at its discretion.

3. Quotes, Orders & Acceptance

Quotes are valid for 30 days unless otherwise stated.

All orders are subject to acceptance by Action Industries. We reserve the right to reject or cancel orders due to product availability, pricing inaccuracies, export restrictions, fraud screening, or other factors.

Order acceptance occurs when:

• An order confirmation is issued, or
• Products are shipped

Custom, configured, made-to-order, or cut-to-length items are non-cancelable and non-returnable once production or processing has begun.

Standard orders may be canceled prior to shipment, subject to approval.

We reserve the right to correct typographical errors, inaccuracies, or omissions related to product descriptions, pricing, specifications, or availability, and to cancel or refuse orders affected by such errors.

4. Pricing, Taxes, Tariffs & Fees

All prices are listed in U.S. dollars and are subject to change without notice.

Customers are responsible for all applicable taxes, duties, tariffs, and government-imposed charges unless valid exemption documentation is provided prior to invoicing.

Tariff Surcharges

Certain products may be subject to tariff surcharges due to import costs, trade regulations, or other government-imposed fees.

• Tariff surcharges may vary by product
• Applicable surcharges may appear on product pages, quotes, or order acknowledgements
• Tariff charges will be reflected in final order documentation

Example: “This item will incur a tariff surcharge of X%, which will be reflected in your order acknowledgement.”

Tariff amounts are subject to change based on external market conditions and government regulations.

5. Payment Terms & Credit Card Surcharge

We accept major credit cards, ACH / wire transfers, and approved credit terms, subject to our credit review process.

Credit Card Surcharge

Where permitted by law:

• A surcharge of 3.00% may apply to credit card transactions
• Debit and prepaid cards are not subject to surcharge
• Fee-free payment options such as ACH or check are available
• Where surcharge limits apply, Action Industries will comply with all applicable laws and restrictions

Late payments may incur:

• A service charge of 1.5% per month (or the maximum allowed by law)
• Collection costs and attorneys’ fees

6. Shipping, Delivery & Risk of Loss

Unless otherwise agreed in writing, all shipments are FOB Origin. Title and risk of loss transfer to the customer upon carrier pickup.

Delivery dates are estimates only and may vary based on product availability, carrier schedules, weather conditions, supply chain disruptions, or other factors beyond our reasonable control.

Action Industries is not responsible for shipping delays caused by carriers or circumstances outside our control.

7. Inspection, Shortages & Damages

Customers are responsible for inspecting shipments promptly upon receipt.

• Visible damage should be noted with the carrier at delivery
• Concealed damage or shortages must be reported within 5 business days

Claims should include photos, packing documentation, and relevant order information.

8. Returns & Exchanges

All returns require a Return Merchandise Authorization (RMA) issued by Action Industries.

Standard return requests must be submitted within 30 days of delivery. Returned items must be new, unused, and in resalable condition. Approved returns may be subject to a 15% restocking fee.

Non-Returnable Items Include:

• Custom or cut-to-length items
• Configured or special-order products
• Electrical components
• Clearance items

9. Warranties & Disclaimer

Action-Branded Products

Action-branded products include a limited 12-month warranty against defects in materials and workmanship under normal use.

Third-Party Products

Third-party brands are covered only by the applicable manufacturer’s warranty.

Disclaimer

Except as expressly stated above, all products and website content are provided “AS IS” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, or non-infringement.

10. Limitation of Liability

To the fullest extent permitted by law, Action Industries is not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, revenue, downtime, business interruption, or cover costs arising from the use of our website, products, or services.

Total liability for any claim shall not exceed the amount paid for the product(s) giving rise to the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Action Industries and its affiliates, employees, and agents from claims, damages, liabilities, costs, or expenses arising from:

• Your use of the website or products
• Your violation of these Terms
• Your violation of applicable laws or third-party rights

12. Product Use & Safety

Products must be installed and used in accordance with applicable safety standards, building codes, and manufacturer instructions.

Improper installation, misuse, or failure to follow product guidelines may result in damage, injury, or loss, for which Action Industries is not responsible.

13. Technical Data & Compliance

Customers are responsible for verifying:

• Product specifications
• Compatibility and fit
• Compliance with applicable codes, standards, and regulations

14. Intellectual Property

All content on this website—including text, graphics, logos, icons, images, videos, PDFs, and data—is the property of Action Industries or its licensors and is protected by intellectual property laws.

Website content may not be copied, reproduced, distributed, or modified without prior written permission.

15. Prohibited Uses

You may not:

• Use the website for unlawful purposes
• Introduce malware or harmful code
• Scrape, mine, or extract website data
• Interfere with website functionality or security

16. Third-Party Links & Tools

This website may contain links to third-party websites or provide access to third-party tools or services. Action Industries is not responsible for the content, security, functionality, or policies of those third parties.

17. Privacy & Communications

Your use of this website is also governed by our Privacy Policy.

By providing your contact information, you consent to receiving transactional communications related to:

• Orders
• Account activity
• Service updates
• Operational notices

Marketing communications may be opted out of at any time.

18. Force Majeure

Action Industries is not liable for delays or failure to perform due to events beyond our reasonable control, including:

• Natural disasters
• Labor disputes
• Supply chain disruptions
• Carrier delays
• Cyber incidents
• Government actions

19. Export Compliance & U.S.-Only Sales

You agree to comply with all applicable U.S. export laws and regulations and will not export restricted products where prohibited by law.

20. Governing Law & Venue

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles.

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Cuyahoga County, Ohio.

21. Changes to Terms

Action Industries may update these Terms & Conditions at any time. Changes become effective upon posting with an updated “Last Updated” date.

Continued use of the website or services constitutes acceptance of the updated Terms.

22. Contact Information