M & M Merchandisers Web Site Terms and Conditions
This site is provided by Bent Grass Holdings, Inc. DBA M & M Merchandisers ("M&M ") on an "as is" basis solely and expressly for pre-screened and pre-approved customers of M & M Merchandisers, known as "members of mmwholesale.com". M & M Merchandisers makes no representations or warranties of any kind, express or implied, as to the operation of the site, or the information, content, materials or products, included on this site. This site and the descriptions of products and services herein may be updated or revised at any time, and may contain typographical or technical inaccuracies. To the full extent permissible by applicable law, M & M Merchandisers disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose in connection with the use of this site and the description of products and services contained herein. In no event will M & M Merchandisers be liable for incidental, special, or consequential damages of any nature arising directly or indirectly in connection with, or as a result of, the use of this site by any party.
By using this site, you agree: a) to maintain all equipment required for your access to and use of mmwholesale.com; b) to maintain the security of your member identification, password and other confidential information relating to your mmwholesale.com account; c) to be responsible for all charges resulting from use of your mmwholesale.com account, including unauthorized use. M & M Merchandisers reserves the right to terminate or suspend the mmwholesale.com account and its use by any party at any time, with or without cause or prior notice.
All content included on this site, including text, graphics, logos, button icons, images, audio clips and software (and the compilation, assembly and arrangement thereof), is the property of M & M Merchandisers or its content suppliers and is protected by U.S. and international copyright laws. Such site content may be used as a purchasing resource for pre-screened and pre-approved customers of M & M Merchandisers only. Any other use, including the reproduction, modification, distribution, transmission, republication or display of the content on this site is strictly prohibited.
Licenses and Trademarks
M & M Merchandisers is the owner of numerous trademarks, service marks, designs, patents and proprietary properties. M & M Merchandisers's registered trademarks may include, but are not limited to, the following: M & M Merchandisers, M&M Merchandiser's Dealer Solution. Other trademarks used on this site are the properties of their respective owners. No M & M Merchandisers Intellectual Property or trademarks, information, or images provided on this site may be used, reproduced or distributed without explicit written permission of M & M Merchandisers.
Terms and Conditions of Sale
All transactions involving the sale of M & M Merchandisers products or services through the use of this site are subject to M & M Merchandisers's standard terms and conditions of sale as they appear on M & M Merchandisers's web site, invoice and order acknowledgment forms. The use of this site as a purchasing resource for any M & M Merchandisers customer shall constitute such customer's acceptance of M & M Merchandisers's standard terms and conditions of sale, notwithstanding any contradictory terms and conditions which may appear on the customer's forms, or otherwise.
- All transactions involving the sale of M & M Merchandisers products or services through the use of this site are subject to M & M Merchandisers's standard terms and conditions of sale as they appear on M & M Merchandisers's web site, invoice and order acknowledgment forms. The use of this site as a purchasing resource for any M & M Merchandisers customer shall constitute such customer's acceptance of M & M Merchandisers's standard terms and conditions of sale, notwithstanding any contradictory terms and conditions which may appear on the customer's forms, or otherwise.
- LIMITATION OF WARRANTIES. Unless an express written warranty is otherwise furnished by the Seller by a separate document, the Seller makes no warranty, express or implied, with respect to the goods sold and/or the services rendered by the Seller hereunder. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS AGREEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR LOSS OF USE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTAL DAMAGES FOR PERSONAL INJURIES OR DELAY. THIS DISCLAINER OF CONSEQUENTAL DAMAGES WILL CONTINUE IN FULL FORCE AND EFFECT EVEN IF THE BUYER'S LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In the event any component or part of the goods sold and/or services rendered hereunder have not been manufactured by the Seller, the Seller's sole obligation shall be limited to making available to Buyer any existing applicable warranty of the manufacturer to such component or part to the extent Seller can do so.
- ENTIRE AGREEMENT. No agent, employee or representative of the Seller has any authority to bind the Seller to any affirmation, representation or warranty concerning the goods sold under this contract, unless such affirmation, representation or warranty is specifically included within this agreement. No modification or alteration of the forgoing disclaimer of warranty and limitation of remedies provisions shall be valid or enforceable unless set forth in a separate document issued and executed by the Seller.
- INDEMNIFICATION. In the event Buyer fails to disclaim any warranty with respect to any articles sold hereunder, Buyer shall indemnify and hold Seller harmless from any and all liability, costs and expenses to which Seller may be subjected as a result of Buyer's failure to so disclaim its express or implied warranties.
- RISK OF LOSS; TITLE. The goods sold hereunder shall be at risk of the Buyer upon delivery by the Seller to the carrier F.O.B. shipping point. Title to the goods sold hereunder shall remain in Seller until payment in full by the Buyer.
- DELAYS BEYOND SELLER'S CONTROL. Seller shall not be responsible for delays in performance caused by delays at manufacturing plants, or in transportation or due to strikes, fires, floods, storms, war, insurrections, riots, any government regulation, order, act or instruction, or any other circumstances beyond the Seller's reasonable control.
- SERVICE CHARGE: TERMS OF PAYMENT; COLLECTION ACTIONS Any account not adhering to the payment terms on the face hereof will be subject to a service charge of 1.5% per month on the past due balance. Unless otherwise indicated on the face hereof payment terms are net 10 days. If Seller commences an action to collect amounts due on this account, Buyer will indemnify and hold Seller harmless from all expenses incurred in connection therewith, including attorney's fee.
- SURVIVAL OR TERMS. To the extent any provision hereof is held invalid, then that provision shall be deemed to be deleted, and the remaining provisions hereof shall remain in full force and effect.
- RETURNED GOODS. IMPORTANT. A 10% handling or restocking charge, after inspection and in the opinion of the Seller, can be made upon all goods returned for credit. Goods returned for credit must be returned within five (5) days after receipt and must be accompanied by our Invoice Number and date of purchase.
- FOREIGN SHIPMENT. In the event this sale involves foreign shipment, the Seller declares this invoice to be true and correct in every respect and declares the goods described on the reverse side hereof to be the product of the industry of the United States of America, except as otherwise noted.
- LIMITATION OF ACTIONS. Buyer agrees that any action of any kind by the Buyer against the Seller must be commenced, if at all, within one (1) year after the date of delivery.