A&M Supply
Terms & Conditions
These Terms & Conditions apply to purchases, credit terms, deliveries, returns, claims, warranties, payment obligations, and related transactions with A&M Supply Corporation and its affiliated companies.
These Terms include general terms of sale and credit account terms where applicable.
1. Agreement to Terms
These Terms & Conditions apply to all sales and related transactions between the customer, purchaser, guarantor, or authorized representative, referred to as “Customer,” and A&M Supply Corporation, A&M Supply, Allied Plywood, Allied Kitchens and Custom Cabinets, Heritage Hardwoods, and any company owned by or affiliated with A&M Supply Corporation, collectively referred to as the “Company.”
These Terms control all sales of materials, including direct shipments arranged by or through the Company. These Terms supersede prior oral or written agreements, representations, bids, estimates, quotations, or purchase order terms that are different from or in addition to these Terms, unless otherwise agreed to in writing by an authorized management representative of the Company.
If there is any discrepancy between these Terms and the terms of sale found on another document, these Terms shall control.
2. Pricing, Quotations, and Delivery Fees
All prices quoted are subject to change at the sole discretion of the Company based on market conditions, supplier changes, manufacturer changes, freight conditions, or other business factors.
The Company may implement, revise, increase, decrease, or remove delivery fees or other charges for materials delivered by the Company, shipped by a manufacturer, or shipped by a third party to the Customer.
3. Payment Terms
Except as otherwise agreed in writing or stated on an invoice, purchases must be paid according to the payment terms established by the Company. Some purchases may require payment at the time of order, shipment, pickup, or delivery.
Special order materials must be paid as required by the Company at the time the order is submitted or invoiced. Payments for special order materials may be non-refundable.
Unless otherwise specified on the Company’s invoice, credit account invoices are due Net 30 days from the date of invoice.
The Company’s preferred payment methods may include check, cash, wire transfer, check by email or fax, credit card, debit card, or other payment methods accepted by the Company.
4. Late Payments, Collection Costs, and Returned Payments
Amounts not paid when due may be subject to interest or finance charges on the unpaid balance at the rate of one and one-half percent (1.5%) per month, eighteen percent (18%) per year, or the maximum rate allowed by law, whichever applies.
If an account or any matter related to an account is referred to an outside collection agency or legal counsel, Customer agrees to pay collection expenses, attorney’s fees, court costs, lien or bond claim costs, recording fees, service fees, and other costs incurred by the Company to collect or enforce the account or these Terms.
If Customer’s check or other payment method fails to clear, Customer agrees to replace the payment with certified funds and pay any applicable handling charge required by the Company. The Company may suspend further purchases or deliveries until dishonored payments and related charges are paid in full.
5. Credit Card and Debit Card Payments
Customers that choose to pay by credit card or debit card may be subject to a convenience fee, where permitted by law and at the Company’s discretion. Any such fee may be applied to payment transactions according to Company policy and applicable law.
6. Special Order Materials
All orders for special order materials, including materials not customarily kept in stock, are final once placed unless otherwise agreed to in writing by the Company.
Customer agrees to accept special order materials and make payment in full according to the Company’s invoice or payment requirements. Returns are not permitted on special order materials unless the Company expressly approves the return in writing and any applicable manufacturer or distributor accepts the return.
7. Delivery, Pickup, and Risk of Loss
Delivery dates, delivery times, and shipment schedules are estimates unless otherwise stated in writing by the Company. Customer agrees to hold the Company harmless for delays in delivery or shipment and agrees to make payment according to the Company’s invoice and payment terms.
All sales are deemed made FOB the Company’s shipping dock when picked up at, or delivered from, the Company’s premises. For products picked up at or shipped directly from a manufacturer or third party, sales are deemed FOB that third party’s shipping dock.
Risk of loss passes to Customer as follows:
- If Customer takes possession at a Company location, risk of loss passes when Customer takes possession.
- If materials are delivered to Customer by common carrier, risk of loss passes when materials are delivered to or picked up by the carrier.
- If the Company delivers the materials, risk of loss passes when materials are delivered to Customer’s place of business or another location designated by Customer, whether or not Customer or its representative is present to receive or sign for the materials.
If materials are delivered and no one is present to accept delivery, Customer authorizes the Company to leave the materials and agrees to remit payment according to Company requirements.
8. Inspection of Materials and Delivery Claims
Customer, or Customer’s agent or representative, must examine and inspect all materials immediately upon receipt.
Any visible shortage, damage, or delivery issue must be noted at the time of delivery on the delivery ticket, bill of lading, or other applicable delivery document.
If Customer cannot examine and inspect the materials upon receipt, any claims must be made within three (3) business days of delivery. Claims made after the applicable time period may be waived.
The Company is not responsible for damaged or shorted products delivered by a manufacturer, distributor, or common carrier. Customer is responsible for filing claims for damaged or shorted materials directly with the manufacturer, distributor, or carrier when applicable.
9. Returns
Returns are subject to prior written approval by the Company. Approved returns may require a Return Product Authorization Form, compliance with Company shipping instructions, receipt of returned materials at the Company’s location, and inspection by the Company.
Returned materials must be in resaleable condition, as determined by the Company in its sole discretion. Approved returns may be subject to restocking fees, handling fees, manufacturer or distributor restocking fees, shipping charges, and other associated costs.
Materials returned without valid authorization may, at the Company’s option, be returned to Customer at Customer’s expense or disposed of after notice according to Company policy.
Customer is responsible for damage to returned materials resulting from improper packing, shipping, or handling.
10. Sole Remedy and Limitation of Liability
Customer agrees that its sole remedy for any claim arising out of the sale or use of materials purchased shall be the return of such materials for a refund of the price paid, subject to Company approval and applicable terms.
To the fullest extent permitted by law, the Company shall not be liable for special, incidental, consequential, punitive, statutory, liquidated, or indirect damages. This limitation applies regardless of whether a claim arises out of contract, warranty, tort, strict liability, or any other legal theory.
11. Manufacturer Defects, Shipping Damage, and Warranties
Many products sold by the Company are manufactured, supplied, or distributed by third parties. Customer agrees that the Company is not liable for manufacturer defects, distributor defects, shipping damage, or injury to persons or property resulting from such defects or damage.
The only warranty made by the Company is for title to the materials. All other warranties, if any, are provided by the manufacturer or distributor from whom the materials were obtained.
The Company makes no other warranties, express or implied, including warranties of merchantability or fitness for a particular use or purpose. Any contradictory statement made by an employee, representative, or agent of the Company shall have no effect, and these Terms shall control.
12. Title, Security Interest, and Insurance
Title for all goods and materials remains with the Company until paid for in full by Customer.
If Customer takes action under bankruptcy or insolvency law, Customer agrees to promptly return any materials not paid for in full. Customer agrees to keep materials fully insured until paid in full.
Customer grants the Company the rights and authority necessary to protect, perfect, or continue perfection of the Company’s title or security interest in unpaid materials, including the execution or filing of financing statements or similar documents where permitted by law.
13. Personal Guaranty and Business Changes
If Customer is a corporation, partnership, limited liability company, or other legal entity, the individual or individuals signing the applicable account, credit, purchase, or terms documents agree to personally guarantee the obligations and performance of Customer under these Terms, unless otherwise stated in writing by the Company.
If Customer incorporates, becomes a limited liability company, changes its name, merges with another entity, or otherwise changes the form of its business, these Terms shall survive and remain enforceable against the new or surviving entity and any guarantors.
14. Venue, Jurisdiction, Governing Law, and Jury Waiver
Customer and any guarantors agree that venue for claims, disputes, controversies, or collection actions may be selected by the Company in a court of competent jurisdiction within a county where the Company maintains a branch location, or as otherwise permitted by applicable agreements and law.
Customer and any guarantors agree to submit to the selected jurisdiction and waive any objection to venue or personal jurisdiction to the extent permitted by law.
These Terms are governed by the laws of the State of Florida, without giving effect to conflict-of-law rules that would apply the laws of another jurisdiction, unless otherwise required by applicable law or agreed to in writing by the Company.
To the extent permitted by law, Customer waives any right to trial by jury in litigation involving the Company and Customer.
15. Revisions to Terms
The Company reserves the right to revise these Terms & Conditions periodically. Customers are responsible for reviewing the current Terms & Conditions at the time of placing an order. Orders placed after revised Terms are posted or provided may be subject to the then-current Terms.
16. Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain enforceable. The invalid, illegal, or unenforceable provision shall be deemed severed, and the Terms shall be enforced as if that provision were not included.
17. Acknowledgment
Customer acknowledges that it has read and agrees to these Terms, that the person signing or accepting these Terms is authorized to do so, and that these Terms control over any conflicting terms unless otherwise agreed in writing by the Company.
18. Contact Information
Questions regarding these Terms & Conditions or other policy-related matters may be directed to:
A&M Supply Corporation
Attn: Legal Department
6701 90th Avenue N
Pinellas Park, FL 33782
You may also contact A&M Supply through our website contact page.