Terms & Conditions

MUNICIPAL MARKING DISTRIBUTORS, INC.

TERMS AND CONDITIONS OF SALE

(Last updated September 13, 2024)

These Terms and Conditions of Sale (“Sale Terms”) apply to your (the “Customer” or “you”) purchase from MUNICIPAL MARKING DISTRIBUTORS, INC. (“MMD”, “Company”, “we” or “US”) of ANY products (“Products”). These Sale Terms are subject to change by US at any time, without notice, in OUR sole discretion. placing an order for Products on OUR Web Site (“Site”) after such changes are implemented constitutes your acceptance of any such changes.  Your purchase of Products on this Site will be subject to the version of the Sale Terms posted on this Site at the time your order is submitted.

BY SUBMITTING AN ORDER FOR PRODUCTS, PAYING FOR PRODUCTS, OR ACCEPTING DELIVERY OF PRODUCTS FROM US, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPT AND AGREE TO BE BOUND BY THESE SALE TERMS. 

ORDERS

Orders may be placed online using our web store, by email at orders@mmdsales.com, by calling or texting us at 847-426-3561, or by using the Live Chat feature in the lower right corner of our website.

ACCOUNT REGISTRATION

When placing an order for products on this Site, you will have the option to create an account with us.  Our online account registration form requests certain information and data (“Registration Data”). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information to keep it current, complete and accurate. The information we obtain through your use of this Site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Sale Terms.

CREDIT APPLICATIONS

If you have established credit with us pursuant to a credit application approved by us, orders may be placed on our Site by providing a purchase order number.  Standard credit terms are net thirty (30) days from the date of each invoice.  We reserve the right, at any time and for any reason, to require payment in advance or COD, to defer shipment of products, or to otherwise modify, suspend or terminate any credit terms previously extended to any Customer.

PRICING

All prices listed on our Site are in U.S. dollars.  Prices advertised do not include shipping and handling charges, which will be added automatically to the price you pay during checkout.  If we are legally required to collect sales tax on products ordered, the tax amount will be added automatically to your purchase price, unless you provide us with a valid and current tax exemption certificate.  You are solely responsible for compliance with all federal, state and local laws with respect to exports and re-exports from the United States in connection with the sale and use of products as well as all export and import duties, fees, permits, licenses, etc.

PAYMENT TERMS

The total price for products will be stated on your invoice.  Payment for products must be made in U.S. Dollars and is due within thirty (30) days of the invoice date.  We accept Master Card, Visa, American Express and Discover credit or debit cards.  In addition, we offer credit terms for qualified customers at our sole discretion (see Credit Application form).  If you have established credit with us pursuant to a credit application approved by us, our standard payment terms are net 30 days from our invoice date.  Customers can also pay in-person at our corporate office by company check.  We reserve the right to charge a $50 returned check fee for checks returned for insufficient funds.

All amounts payable to us which are not paid in full when due shall bear interest at the rate of 1.5% per month until paid in full.  You shall pay to us all costs and expenses incurred in the collection of such amounts, including without limitation, reasonable attorneys’ fees and costs of litigation.  You shall not be entitled to deduct, counterclaim or set-off against any amount you owe to us.

SHIPPING

Orders generally ship within one (1) business day of our receipt of such order, subject to product availability. You are responsible for all shipping and handling charges, which will be added to your order at checkout. We deliver full pallet and truckload orders to customer locations in Illinois, Wisconsin and Indiana. Pallet and truckload orders for delivery to other locations in the Continental U.S. will be shipped by freight carrier. Orders of less than a full pallet will be shipped by USPS, UPS or other ground carrier.  All shipments shall be F.O.B our facility in Elburn, IL except for shipments delivered by MMD directly which shall be F.O.B designated shipping destination.

Title to products and risk of loss or damage to products shall pass (i) for shipments delivered by freight carrier, USPS, UPS or other third-party carrier, to Customer at our Elburn, IL facility immediately upon delivery to the carrier, and (ii) for shipments delivered by MMD directly, immediately upon delivery to the designated shipping destination.  Shipping quotes are available at checkout (before payment) or by contacting us.

DAMAGED OR DEFECTIVE PRODUCTS

If any item is damaged, defective, missing or incorrect, you must notify us within seven (7) days business after the delivery date. If you fail to provide such notice within such seven (7) days business day period, you will be deemed to have accepted the products and any and all damage, defects and non-conformities will be deemed waived by you. In such event, any refund or replacement will be at the sole discretion of the Company.  No products will be taken back and credited or replaced unless MMD has issued a Return Merchandise Authorization Number (RMA#).

RETURN POLICY

All sales of products are subject to our Return Policy.  To return products eligible for return, you must obtain a Return Merchandise Authorization Number (RMA#).  You may fill out a Return Request form or contact us at (847) 426-3561 to request an RMA#. Please see our Return Policy for a complete statement of our return and refund terms and conditions. Any returned product shipped C.O.D. or without an RMA# may be refused by us in our sole discretion.

PRODUCT CHANGES, MISPRINTS, ERRORS AND CANCELLATIONS

Subject to applicable law, we: (a) reserve the right to modify or discontinue products at any time, and modify the prices or specifications of such products, and any promotional offers and any other Site materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that products will be available when ordered or thereafter; (c) do not warrant that the Site materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (d) reserve the right to cancel orders where the price or other material information is inaccurate, in which event we will either not charge you or will apply credit to the payment type used in the order.

REMEDIES; DISCLAIMER OF WARRANTIES

Your exclusive remedy, and MMD’s sole liability, for damaged or defective products shall be replacement of such products or refund to you of the purchase price paid for such products, whichever such remedy MMD elects.  If MMD elects to refund the purchase price for any products, you must return the products to MMD upon our demand.  OTHER THAN THE FOREOING, ALL PRODUCTS SOLD BY MMD ARE PROVIDED BY MMD ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND BY MMD, EITHER EXPRESS OR IMPLIED, AND MMD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO ANY PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MMD DOES NOT REPRESENT OR WARRANT THAT: (A) PRODUCTS WILL MEET YOUR REQUIREMENTS, AND/OR (B) THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS.  Any action by you against MMD must be commenced within one (1) year after the cause of action occurs and you expressly waive the right to bring any such action which is not commenced within such period.

CERTAIN PRODUCTS MAY BE COVERED BY MANUFACTURER WARRANTIES. TO OBTAIN INFORMATION REGARDING A MANFACTURER’S WARRANTY FOR A PRODUCT, OR TO MAKE A CLAIM AGAINST A MANUFACTURER’S WARRANTY, CONTACT THE MANUFACTURER DIRECTLY.  MMD SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR CLAIMS UNDER MANUFACTURER WARRANTIES.

WE MAY MAKE CHANGES TO THE PRODUCTS, INCLUDING PRICES AND DESCRIPTIONS, AT ANY TIME WITHOUT NOTICE. Reference to any product, materials or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.

LIMITATION ON LIABILITY

Notwithstanding anything to the contrary contained in these Sale Terms and/or the Return Policy, any liability that the Company may have arising out of any products offered or sold on this Site shall be limited to the Customer’s actual direct damages and shall not exceed an amount equal to the amount paid by the Customer to the Company for the applicable product out of which such liability arose, regardless of whether such liability is sought to be asserted on the basis of contract, warranty, tort, strict liability or otherwise. In no event shall the Company, its officers, directors, OWNERS, employees, agents, representatives, SUCCESSORS OR ASSIGNS be liable UNDER ANY CIRCUMSTANCES for any special, punitive, incidental, indirect, EXEMPLARY or consequential damages of any kind OR CHARACTER, including, without limitation, LOST PROFITS, even if they have been advised of the possibility of such damages, and REGARDLESS OF WHETHER SUCH LIABILITY IS SOUGHT TO BE ASSERTED ON THE BASIS OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, and its officers, directors, owners, agents, representatives, employees, successors and assigns from and against all damages, claims, liabilities, costs and expenses, including reasonable attorneys’ fees and costs of litigation, arising out of or in connection with (i) any breach of these Sale Terms by you; (ii) any claims for personal injury or property damage unless caused by the sole negligence of the Company; and/or (iii) any distribution or resale of products purchased hereunder, including, without limitation, any claim arising out of or related to any warranty.

FORCE MAJEURE

We shall not be liable for any failure to deliver or delay in delivering products caused by conditions which are beyond our reasonable control, including, without limitation, earthquakes, governmental regulation or restrictions, embargo, insurrections, governmental restrictions, fire, explosion, flood, labor or materials shortages, war, riot, civil disorder, pandemics and acts of God.  Our time for performance shall be deemed extended for a period equal to the duration of such delay or condition beyond our control.

PASSWORDS AND SECURITY

You are responsible for maintaining the confidentiality of the password used to access your account on this Site, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event the confidentiality of your account or password is compromised in any manner, you will notify us immediately. We reserve the right to take any and all action, as we deem necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account or requesting information to authorize transactions on your account. We may rely on the authority of anyone accessing your account or using your password, and in no event will the Company be liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of the Company under this provision; (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.

CONSENT TO EMAIL COMMUNICATION

When you visit this Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by unencrypted email or by posting a notice on this Site. You acknowledge and agree that unencrypted email sent over the internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.

GOVERNING LAW AND JURISDICTION

By accessing this Site or purchasing products, you agree that all matters relating to this Site, these Sale Terms, all orders and all products shall be governed by the laws of the State of Illinois, without regard to conflict of law principles. In any action or proceeding arising out of or in connection with this Site, any content on this Site, these Sale Terms, any orders and/or any products, you agree to submit to the personal jurisdiction of any state or federal courts located in Kane County, Illinois, and acknowledge and agree that such jurisdiction and venue is reasonable.

MISCELLANEOUS

These Sale Terms, the Return Policy and the Privacy Policy (collectively, the “Terms and Conditions”) constitute the entire agreement between you and the Company with respect to your use of the Site and/or the purchase of any products on this Site. If any provision of the Terms and Conditions is determined to be invalid, void or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.  If the Company deems it necessary, in its sole discretion, to retain counsel to enforce any of the Terms and Conditions, you shall be liable for the Company’s reasonable attorneys’ fees and costs of litigation, including fees and costs incurred on appeal. The section headings contained herein are for convenience only and shall not affect the meaning or interpretation hereof. No modification of any Terms and Conditions shall be effective unless signed by an authorized officer of the Company.  Any failure by the Company to enforce or exercise any provision of the Terms and Conditions shall not constitute a waiver of that provision.

CONTACT US:

Municipal Marking Distributors, Inc.

732 Hicks Drive

Elburn, IL 60119

Tel: (847) 426-3561
Email: orders@mmdsales.com

Our office hours are Monday – Friday 7am-4pm Central time.