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Terms & Conditions - A&M Supply Corporation

Terms and Conditions

Except as stated herein, all purchases must be paid for at the time of delivery. All special order materials must be paid for in full at the time the order is submitted, and such payment is non-refundable. All materials delivered must be examined and inspected by the Purchaser or his agent or representative (hereinafter, collectively, the “Purchaser”) upon receipt. For all materials examined and inspected upon receipt, any claim of shortage and/or damage must be made at time of delivery. Notwithstanding the foregoing, if Purchaser cannot examine and inspect material upon receipt, any and all claims mu st be made within three (3) business days of delivery. Any claims made after the prescribed time period are waived. Purchaser agrees that its sole remedy for any claim arising out of the sale and/or use of materials purchased shall be the return of such materials for a refund of the price paid. Purchaser agrees that A&M Supply Corporation (hereinafter referred to as “the Company”) shall not be liable for, and that no suit shall be brought against the Company for, or include a demand against the Company for, consequential or incidental damages. Purchaser agrees that the Company shall not be liable for any manufacturer’s defect or shipping damage. Purchaser agrees to hold the Company harmless for any manufacturer’s defect or shipping damage or any injury to any person or property due to said defects or damage.

The Company makes NO WARRANTIES express or implied, including without limitation, WARRANTIES AS TO MERCHANTABILITY, OR AS TO FITNESS FOR A PARTICULAR USE OR PURPOSE, and shall not be liable for any loss or damage directly or indirectly arising from the use of such materials. All materials are sold “AS IS” and “WITH ALL FAULTS”. Any contradictory statement made by an employee or agent of the Company shall have no effect or bearing, and the terms contained herein shall control. The risk of loss of any materials shall pass to the Purchaser as follows: If Purchaser takes possession of the materials at the Company’s location, risk of loss passes at the time Purchaser takes possession; if the materials are delivered to Purchaser by common carrier, risk of loss passes at the time the materials are delivered to, or picked up by, the carrier; if the Company delivers the materials, risk of loss passes at the time the materials are delivered to Purchaser at its place of business or any other place designated by the Purchaser for delivery, regardless whether the Purchaser is present to receive the materials, or signs for the materials. In the event material is delivered to Purchaser and no one is present to accept delivery and pay for materials, Purchaser authorizes Company to leave materials and agrees to remit payment within 24 hours of delivery to Company. No further deliveries will be made until all previously delivered materials are paid in full. In the event Purchaser’s check or other method of payment fails to clear Purchaser’s bank, Purchaser agrees to replace said check or other method of payment with certified funds plus a $50 handling charge with 24 hours of notification by the Company. No further purchases will be allowed until any and all dishonored items have been paid in full.

In the event the Purchaser is a corporation, partnership, or any other legal entity, the individuals whose signatures appear hereon agree to and do personally guarantee payment for any and all materials sold to the Purchaser. Purchaser and Guarantors agree that the proper jurisdiction and venue for any claims, disputes or controversies, including collection action (hereinafter, “Claims”) shall be in FAIRFAX COUNTY, VIRGINIA, or, in the Company’s discretion, in any location where the Company maintains a branch location from which the Purchaser purchased materials, any jurisdiction in which the Purchaser does business, or in which the Purchaser or Guarantors reside, or, any jurisdiction where the materials which are the subject of the claim or controversy were delivered or used. The Purchaser and Guarantors agree that the laws of Virginia shall govern the interpretation and enforcement of these terms. Purchaser and Guarantors shall pay interest at the rate of one and one half percent (1.5%) on the unpaid balance (18% per annum) on any amount thirty (30) days or more past due. Purchaser and Guarantors shall pay thirty three percent (33%) attorney’s fees and/or outside collection agency fees on the balance of the account in the event that Purchaser’s account or any matter related to the account is referred to an attorney and/or outside collection agency for the Company. In the event that the Purchaser incorporates, becomes a limited liability company or other legal entity, changes its name, merges with another entity, or otherwise changes the form of its business, these Terms and Conditions and the personal guaranty contained herein shall survive and be enforceable against the new entity and Guarantors. Purchaser and Guarantors acknowledge that it/he/she has read and agrees to all of the above Terms, that the person(s) signing these Terms is/are authorized to do so. If there is any discrepancy between these Terms and the terms of sale found on any other document, these Terms shall control.

Terms and Conditions for Credit Terms

  1. The Company and Customer agree these Terms and Conditions of Sale (“Terms”) shall control on all sales and associated transactions, as well any other matter or claim arising out of, related, or incidental thereto between Customer and A&M SUPPLY CORPORATION, A&M SUPPLY, ALLIED PLYWOOD, ALLIED KITCHENS AND CUSTOM CABINETS and HERITAGE HARDWOODS (or any other company owned or affiliated with A&M SUPPLY CORPORATION), hereinafter referred to as the “Company”, including, but not limited to, all sales of materials involving direct shipments arranged by or through the Company. They form the entire agreement between the Company and Customer, such that they supersede all prior oral or written agreements or representations which are different from or in addition to these Terms, including, but not limited to, bids, estimates, or quotations issued by the Company, or any purchase order submitted by Customer, which shall not be binding on the Company unless otherwise agreed to in writing signed by a management representative of the Company. These Terms shall continue to be enforceable by the Company after the business relationship with Customer has been terminated.
  2. All prices quoted are subject to change at the sole and absolute discretion of the Company based on market conditions. Company may implement, at its sole and absolute discretion, based upon market conditions, a delivery fee to all materials delivered by Company or shipped by a manufacturer or third-party to Customer.
  3. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
  4. All materials delivered must be examined and inspected by the Customer and/or its agent or representative immediately upon receipt and noting same on the delivery ticket or bill of lading. Any claim of shortage and/or damage products must be made at time of delivery on the delivery ticket or bill of lading. The Company shall not be liable for any claim of damaged or shorted products delivered by manufacturer or distributor, or by common carrier. Customer must file a claim for damaged or shorted materials delivered by the manufacturer or distributor or common carrier directly with the manufacturer or distributor or common carrier and the enforcement of said claims are the sole responsibility of the Customer against the applicable entity. Customer further agrees to hold the Company harmless for any manufacturer’s or distributor’s defects or shipping damage or any injury to any person or property due to said defects or damage by manufacturer, or distributor, or common carrier.
  5. All orders of Customer placed for special order materials (i.e., those materials not kept in stock) are final. Once a special order is placed, Customer agrees to accept said materials and make payment in full upon invoicing by the Company. RETURNS SHALL NOT BE PERMITTED ON SPECIAL ORDER MATERIALS, unless as allowed and provided immediately below.
  6. Returns of materials purchased by Customer shall be subject to the Company first agreeing to accept same in writing based upon Return Product Authorization Form signed by the Company and subject to the shipping instructions of the Company, acceptance of the returned materials at the Company’s location, and then only after the Company has appropriately inspected the materials and determined, in its sole discretion, that the returned materials are in resaleable condition. All such returns shall be subject to a 15% restocking fee. Any returns received from Customer without a valid Return Product Authorization Form shall, at the Company's sole option, be (a) returned to the Customer at the Customer’s sole expense, or (b) ten (10) days after written notice is issued by the Company to the Customer to retrieve said materials, be disposed of at Customer’s expense. The Customer shall be responsible for all damages to returned materials resulting from improper packing or handling of the materials. All returned materials not customarily carried in the Company’s warehouse location, or which had to be specially ordered for the Customer, if approved for return by the Company, shall also be subject to a final determination by the manufacturer or distributor from whom the Company obtained same, that it is willing to accept the returned products, in which case the Customer shall be responsible for and agrees to pay, in addition to the Company’s re-stocking fee, all distributor/manufacturer re-stocking fees, shipping and associated charges incurred by the Company.
  7. On all orders of materials, where the delivery date is delayed, Customer agrees to hold the Company harmless for any delay and agrees to make payment in full for the materials, upon receipt of an invoice from the Company for the materials.
  8. Customer agrees that its sole remedy for any claim arising out of the sale and/or use of materials purchased shall be the return of such materials for a refund of the price paid. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNATIVE, STATUTORY, LIQUIDATED OR INDIRECT DAMAGES. This waiver and limitation of liability shall apply regardless of the claim arising out of breach of contract, breach of warranty, tort, strict liability, or any other legal theory.
  9. The only warranty made by the Company is for title to the materials. All other warranties are by the manufacturer or distributor from whom the materials were obtained by the Company, such that the Company makes NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, OR AS TO FITNESS FOR A PARTICULAR USE OR PURPOSE, and as such shall not be liable for any loss or damage directly or indirectly arising from the use of such materials. Any contradictory statement made by an employee of the Company shall have no effect or bearing, and the terms contained herein shall control.
  10. Title for all goods and/or materials remains with the Company until paid for in full by the Customer. If Customer takes action under Title II of the United States Code, or any state insolvency law, Customer agrees to promptly return any materials not paid in full. Customer agrees to keep the materials fully insured until paid for in full. Customer hereby irrevocably appoints, makes, and constitutes the Company (and any of its designated agents) as Customer’s true and lawful attorney-in-fact with power to sign Customer’s name on any financing statement, continuation form, security agreement, notice or other similar instrument which in the Company's opinion must be executed and/or filed in order to perfect or continue perfection of the Company’s title and/or security interest in the collateral. A copy of this Credit Application shall be sufficient as a financing statement.
  11. All sales are deemed made FOB Company’s shipping dock when picked up at, or delivered from, Company’s premises. For any products picked up at, or shipped directly from, a manufacturer or third- party, such sales are deemed FOB third-party’s shipping dock
  12. Unless otherwise specified on the Company’s invoice, all invoices are to be paid NET thirty (30) days from date as specified in paragraph 10 above. All invoice amounts not timely paid shall be subject to an interest or financing charge on the unpaid balance at the rate of the greater of one and one-half percent (1.5%) per month, eighteen percent (18%) per annum, or that rate allowed by law in the jurisdiction where these Terms are sought to be enforced, from the FOB date. Company’s preferred means of payment are: check, cash, wire transfers, checks by email (or fax) and credit/debit cards. Customers that choose to pay by credit/debit card for any purchase more than 30 days from FOB date, may be subject to, at the company’s sole and absolute discretion, a convenience fee of up to 4% added to the credit/debit card amount for each such payment transaction. In the event any matter related to the account or this Agreement is referred to any outside collection agency or legal counsel, Customer shall pay a Thirty Three percent (33%) collection expense on all amounts collected by way of a collection agency, or if the Company engages an attorney to enforce or defend a claim under these Terms, Thirty Three percent (33%) of the amount collected or, if suit is filed, the greater of Thirty Three percent (33%) of the amount collected or that amount awarded by the court on the balance of the account or any part thereof, or that sum awarded by the Court as reasonable attorney fees, or, if the Company is the prevailing party but damages are not awarded, the Company’s reasonable attorneys associated with the legal proceedings. Customer agrees to pay the Company for all cost and expenses associated with the preparation, recording, serving and satisfying of any construction lien claim or payment bond claim, including, but not limited to attorney fees, recording fees and fees and expenses incurred in serving any documents required or allow for the perfecting of lien or bond claim.
  13. Customer hereby stipulates and agrees to the waiver of any right or claim as to venue for any legal proceeding and stipulates that such venue shall be at the sole and absolute discretion of the Company, provided same shall be in a court of competent jurisdiction within the county where the Company maintains a branch location. Customer further stipulates and agrees to waive any right, under the laws of the state where a lawsuit is filed, or under the laws and Constitution of the United States, to contest personal jurisdiction and shall voluntarily submit itself to said selected jurisdiction. The laws of the State of Florida shall apply to any cause of action based upon, relating to, or arising out of this agreement or any event resulting from the Company’s and Customer’s business relationship without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida. CUSTOMER HEREBY KNOWINGLY WAIVES ANY RIGHT AFFORDED UNDER ANY LAW, STATUTE, CODE OR CONSTIUTION OF ANY STATE OR THE UNITED STATES, TO TRIAL BY JURY, SUCH THAT, IN ANY LITIGATION INVOLVING THE COMPANY AND CUSTOMER, THE CLAIMS AND DEFENSES RAISED BY THE COMPANY AND CUSTOMER, AS BETWEEN THEM, AND ALL ISSUES OF FACT AND LAW BETWEEN THEM SHALL BE SOLEY DETERMINED BY THE TRIAL JUDGE, WITHOUT THE ADVICE OR INPUT OF A JURY.
  14. In the event that the Customer incorporates, becomes a limited liability company or other legal entity, changes its name, merges with another entity, or otherwise changes the form of its business, these Terms shall survive, and shall be enforceable against the new or surviving entity, and shall remain binding upon the heirs, estate representatives, successors, and assigns of any such entity.
  15. In the event the Customer is a corporation, partnership, limited liability, or any other legal entity, the individual or individuals whose signature appears hereon agree to and do personally guarantee the obligations and performance of the Terms of the Customer under this Agreement and shall be subject to the same.
  16. The Company reserves the right to revise these Terms and Conditions periodically after Customer’s submission of this Application. Any such revised Terms and Conditions can be found at the Company’s website: www.amsupply.com. Questions concerning our website should be sent to ecomm@a-msupply.com. Customer acknowledges that it is Customer’s responsibility to review the current Terms and Conditions at the time of placing any order and that any order place as of the then most current Terms and Conditions shall be subject to those current Terms and Conditions.
  17. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, it shall not affect the enforceability of any other provision of this Agreement. Rather, the invalid, illegal, or unenforceable provision shall be deemed severed from this Agreement, and this Agreement shall be enforced as if the Agreement did not contain the invalid, illegal, or unenforceable provision.

Customer acknowledges that it has read and agrees to all of the above Terms, that the person(s) signing these Terms is authorized by the Customer to do so and that if there is any discrepancy between these Terms and the terms of sale found on any other document, these Terms shall control.

Questions

Questions regarding these Terms, Our Privacy Policy, or other policy related material, please feel free to contact us at the following mailing address.

Corporate Office

Mailing Address:
A&M Supply Corporation
Attn: Legal Department
6701 90th Avenue N
Pinellas Park, FL 33782

Last Updated: April 4, 2023