TERMS OF SERVICE
Welcome to the DMS Coalition web site (“Company”, “the Site,” “we,” “us,” or “our”). Company provides this site as a service to its customers. Please read the following terms of service (“Terms”) as they govern your use of our site. By using this Site, you agree to follow and be bound by the following rule below.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE IN ANY WAY.
Additionally, Company reserves the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.
Wholesale Terms of Sale
'This order is not subject to cancellation prior to completion date. No claims allowed unless made within five days or receipt of goods. Returns will not be accepted without written authorization showing style number and quantity of all orders. Completion date noted on this order is the date the final shipment is turned over to the carrier and shall not be construed as the date that the final shipment arrives at Purchaser's store or receiving area. This order constitutes a written agreement, subject to terms and conditions on the front and reverse hereof. Goods may only be resold to Buyer's retail consumers. This agreement shall be construed and interpreted under the laws of the State of California without regard to its conflict of law principles.
Domestic Medical Supply Coalition (Seller) and Buyer agree to the terms hereof:
|These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by the Seller. Seller expressly rejects any terms and conditions on Buyer’s purchase order that contradict, alter, modify or change the terms hereof.|
|All sales are F.O.B. Warehouse located in Los Angeles, CA. Payment terms are within the Seller’s sole discretion and are set forth on the front hereof. All payments must be in United States dollars. Current billing address and phone information must be included with every order. Accounts not paid when due shall be assessed interest at the maximum legal rate.|
|Buyer shall be responsible for all shipping charges required to deliver the products. Any claims or request to return goods must be made to Seller in writing within Five (5) calendar days of the date Buyer receives goods. No claim may be made or return approved beyond that time limit. No credit shall be valid unless approved by Seller in writing. Buyer agrees to bear the cost of returning the goods. No goods may be returned without an R / A Number from Seller. All non-defective returns are subject to a restocking fee. No cash refunds shall be paid on returns.|
|Seller may decline to do future business with Buyer irrespective of reason and to decline any reorders from Buyer. Buyer represents to Seller that Buyer is purchasing the goods sold hereunder exclusively for resale from Buyer’s store(s) to retail consumers. Buyer acknowledges that Seller has accepted Buyer’s order in reliance on this representation.|
|Seller shall not be liable for any defect, delay, or nondelivery if such problems result from any act of God, riot, war, civil unrest, embargo, seizure, fire, flood, explosion, accident, earthquake or other cause beyond Seller’s reasonable control. In addition to any excuse provided by applicable law, Seller shall be excused from liability for nondelivery or delay in delivery of products arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.|
|ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
SELLER’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY BUYER FOR THE PRODUCTS..No statements or promises have been made by or on behalf of Seller to induce Buyer to enter into this Agreement except those specifically set forth.
|Seller is constantly updating and revising our offerings of products may discontinue products at any time without notice. To the extent that Seller provides information on availability of products, Buyer should not rely on such information, and Seller will not be liable for any lack of availability of products that Buyer may order. All pricing for the products available is subject to change. For all of Seller’s prices and products, Seller reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances to be made in Seller’s SOLE discretion. If either party shall bring any action to enforce or interpret the terms hereof (Action) the losing party shall pay the prevailing party a reasonable sum for attorney fees and costs incurred bringing and prosecuting such Action whether or not prosecuted to a decision. “Prevailing party” including, without limitations, one who agrees to dismiss an Action on the other party’s payment of sums allegedly due or performance of covenants allegedly breached or who obtains substantially the relief sought.|
|All actions relating to this agreement shall be litigated in accordance with the laws of the State of California, exclusively. The parties agree to submit the exclusive jurisdiction of the Superior Court of California, Los Angeles Judicial District.|
|If any term hereof is determined to be illegal, uncomfortable, or invalid, such terms shall be deemed stricken and will not affect the enforceability of validity of the other terms.|
|Each party represents and warrants to the other that the making of this Agreement has been duly authorized and that it is valid, binding and enforceable according to its terms.|