Orders- Acceptance, Modification and Cancellation
All orders are subject to acceptance by D&M Distributors, LLC and when accepted shall constitute a contract that will be governed by and construed in accordance with the laws of the State of Maine. All orders are accepted subject to these Terms of Sale and subject to approval by D&M Distributors LLC (Seller) of the Buyer’s credit at the time of the sale. The Seller reserves the right to refuse orders submitted with incomplete information. All pricing on dmdistributors.com is valid on orders placed through the website.
Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller. We shall have the right to refuse or cancel any orders placed for products listed at the incorrect price whether or not the order has been confirmed and your credit card has been charged for the purchase. If your credit card has been processed for a purchase and your order is cancelled, we shall issue a credit to your account in the amount of the charge prior to shipment.
Price and Terms
All quoted prices are based on the current price at the time in U.S. Funds. Please note that with the constant fluctuation of steel, oil and chemical costs prices are subject to change without notice. The price charged will be that in effect at the time of shipment. A minimum order charge may apply. If the Buyer cancels or revises any part of the order the Seller reserves the right to change the price of the products based on the original order to reflect any quantity discounts for goods or product already delivered.
The Buyer is responsible for any applicable sales, use or other taxes including shipping and handling.
Terms of payment are net thirty (30) days from the date of the invoice, for approved term accounts, F.O.B. shipping point. Balances on accounts of more than thirty (30) days past due are subject to a service charge of 1-1/2% per month which is an annual percentage rate of 18%. Balances thirty (30) days past due may be changed to C.O.D. status without notice by the Seller.
In the event of legal action taken by the Seller against the Buyer for non-payment, the Buyer shall be responsible for all costs and disbursements incurred by the Seller on a full indemnity basis.
D&M Distributors LLC accepts all major credit cards.
Shipping, Delivery and Returns
D&M Distributors LLC shall not be liable for delays in delivery due to causes beyond its control, including but not limited to acts of God, acts of Buyer, acts of civil or military authorities, fires, strikes, floods, war, delays in transportation and inability due to causes beyond D&M Distributors LLC control to obtain necessary materials. A shipping date given by D&M Distributors LLC is an estimated date. D&M Distributors LLC shall not be liable to Buyer for loss of use or profit or any other collateral, punitive, incidental, special or consequential damages resulting from delays in delivery, whether or not due to causes beyond D&M Distributors LLC control.
Unless otherwise specified, regular delivery will be via United Parcel Service F.O.B. Shipping point or by other common carrier. Responsibility for payment passes to the purchaser when the shipment leaves our warehouse. Backordered items will ship via UPS (prepay & add) or the customer may make arrangements for pick-up at our warehouse. D&M Distributors LLC will use its best judgement in packing and shipping unless Buyer gives specific instructions when placing an order. All claims or shortages must be made immediately upon receipt of merchandise. Certain re-usable, unopened products maybe returnable within ten (10) days of purchase at the sole discretion of the Seller. Products are not returnable after thirty (30) days regardless of condition. D&M Distributors LLC’s responsibility for delivery ends with delivery from the carrier. All risks of loss after D&M Distributors LLC delivery to the carrier shall be borne by the Buyer.
Stock orders normally ship same day if the order is placed by 3:30 pm. Please call for item availability on rush orders or special orders.
Unless we are in error, or the product is defective we do not refund shipping costs.
All refunds are for store credit only.
Sales on all tools are final.
Cut fabrics and special orders are not returnable.
Certain bulky products require special packaging and additional handling costs may be incurred. The Buyer shall be responsible for any additional shipping and handling costs.
Items returned to us in non-salable condition are not refundable. If the order is deemed returnable a store credit will be issued less shipping costs and a restocking fee of 15% shall apply.
COD orders shipped via UPS will be subject to an additional $11.00 fee. To avoid paying the UPS C.O.D. charge we recommend using a debit or credit card for your transaction.
Any checks returned because of insufficient funds or account closed, will be assessed a $35.00 charge and the account will be changed to cash only.
Conditions and Warranty
If samples of goods or color charts are provided, the actual color may vary and may not represent the actual color of the product.
The Seller shall not be liable for the normal manufacturing defects or variations from quantities or specifications. A variance of 15% either way from the specified quantity, length or weight shall be acceptable.
There is no specific warranty on the products we distribute and D&M Distributors LLC has no responsibility for learning about the end purpose or use of the products.
Certain products carry a limited manufacturer’s warranty and D&M will work with a customer to determine if the product warranty applies.Under no circumstances will D&M Distributors LLC be held liable for labor or additional costs other than the product itself, should the manufacturer decide to replace the product in question. D&M Distributors LLC shall not be responsible for replacing any product the manufacturer has not deemed defective.
All special orders must be submitted to us in writing. We do not take custom orders over the phone. Call for estimates and lead times. Please fax your custom work orders to 207-571-9420. Custom orders are not returnable and must be picked up within 7 business days or a storage fee of $35.00 will be assessed. All custom orders shall be invoiced at the time of order placement.
The Buyer agrees to provide true, accurate and complete information about yourself or the company it represents on the Account information form submitted. The Buyer shall maintain and update account information and keep it current and complete. If the Buyer provides inaccurate, non-current or incomplete information D&M Distributors LLC may suspend or terminate your account and refuse any and all future use of the site at our sole discretion.
Buyer will receive a password and account designation when the form is completed. The Buyer is responsible for maintaining the confidentiality of the password and account and shall be fully responsible for all activities that occur under your password or account. The buyer shall immediately notify the Seller of any unauthorized use of your password, account or other breach of security.
Limitation of Liability and Disclaimer
The Seller’s site is provided on an "as is” basis and D&M Distributors LLC makes no warranties, express or implied regarding the site or the products sold on the site. D&M Distributors LLC expressly disclaims all implied warranties, including, without limitation the warranties of title, non-infringement and fitness for a particular purpose, with regard to the site and the products we offer for sale on the site. Under no circumstances shall the Seller be liable for any direct, indirect, incidental, special or consequential damages for loss of profits, good will, or other losses (even in the event we have been advised of the possibility of such damages) that result from the use or inability to use the site; the cost of purchasing of substitute goods and services resulting from the Buyers use of the site; unauthorized access; any matter relating to the site. You herby acknowledge that this shall apply to all content and products available through the site.
The Buyer agrees to indemnify and hold D&M Distributors LLC , officers, directors, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees made by any third party due to the use of our site.
D&M Distributors LLC may terminate the Buyers access or suspend your access to all or part of the site, without notice for any reason, at our sole discretion, if we believe you are in violation of any applicable law or is harmful to the interest of the Seller.