Prices and terms are subject to change without notice.
BUYER can pay by credit card or apply for a trade account. Credit Approval: BUYER’s orders will be accepted subject to credit investigation and approval, and delivery may be withheld on accepted orders without any liability on the part of MMS., if in its opinion, the BUYER’s ability to pay for the products on these terms and conditions is in doubt. Any remittance received from or for the account of BUYER may be accepted or applied by MMS against any indebtedness owing by BUYER, without prejudice to or the discharge of the remainder of such indebtedness, regardless of any condition, provision, or notation appearing on such remittance.
Return Policy: Products can not be returned without the prior written approval (RAR) of MMS Merchandise must be no older than thirty (30) days past the date of invoice. Return of customer cancellation or sales error will be accepted with Return Authorization Request (RAR) in new salable condition at a 20% restocking fee. Return freight charges are the customer’s responsibility. Returned product which is damaged, used, or otherwise not in salable condition, will not be eligible for credit. Shipping and sales errors as a result of MMS may be returned for full credit. Credit will be issued upon inspection and approval of returned material. Lavatories drilled for custom bowl location are not returnable. Non-stock furniture items are not returnable.
Damaged Merchandise: If the merchandise, upon arrival, is damaged, please refuse delivery and contact MMS Request for credit due to concealed damage must be received no later than seven (7) days from date of delivery. Request after seven (7) days will not be eligible for return and credit will not be issued. Merchandise shipped to your store and then subsequently shipped to your customer on your truck, will not be eligible for return or credit. Defective returns are governed by manufacturer’s product warranties.
Limitation of Liability: MMS’s liability for any and all claims of any kind, including negligence, for any loss or damage arising out of, connected with or resulting from MMS’s performance or breach of the terms hereof shall, in the aggregate, not exceed the purchase price of the particular product. IN NO EVENT SHALL MMS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER, WHETHER OR NOT MMS HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Severability: If any portion or provision of these terms applicable to any situation or circumstances is held invalid, the remainder of these terms or the remainder of such provision (as the case may be), and the application thereof to other situations or circumstances shall not be affected thereby.
Waiver: Waiver by MMS of any breach of these provisions shall not be construed as a waiver of any other breach.
Assignment: None of the BUYER’s rights under these terms shall be assigned or otherwise transferred by the BUYER to any other person, whether by operation of law or otherwise, without MMS’s prior written approval.
Law and Arbitration: These terms are governed by the laws of the State of Ohio. Any controversy or claim arising out of or relating to these terms or the breach hereof shall be finally settled by arbitration in accordance with the prevailing commercial rules of the American Arbitration Association, and the parties shall have the right to take depositions and obtain discovery regarding the subject matter of the arbitration as if the subject matter of the arbitration were pending in a civil action before a Superior Court of the State of Ohio. Pending decision by the arbitrator(s), the parties shall diligently proceed pursuant to the terms and conditions hereof. The award of arbitrator(s) shall be final, binding and conclusive on the parties hereto and their successors and assigns.
Entirety of Agreement: These terms are intended as a complete and exclusive statement of the terms and conditions of their agreement. No other terms and conditions, whether contained in BUYER’s purchase order, shipping release or elsewhere that are inconsistent with, additional to, or different from the terms and conditions herein shall be binding upon MMS unless specifically agreed by MMS in writing.
Assent: Receipt by BUYER of acceptance of the order or receipt of the products without prompt objection to the terms and conditions herein set forth, constitutes acceptance by BUYER of these terms and conditions.
*Coupons and promotions do not apply to items that use MAP(Minimum Advertised Price).