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2. QUALIFICATION. Customers that consistently demonstrate ability to successfully pay for goods and services of a net amount exceeding $75,000 USD over a period of four (4) months are qualified to apply for a line of credit. Organizations affiliated with the government, such as public schools, military, City & Local Government, etc. are automatically qualified. Credit is currently not available for international or offshore customers. If the customer does not meet the requirements for credit extension, the principle or owner of the organization may sign a Personal Guaranty in lieu of the requirement. However, a Personal Guaranty does not guarantee credit.
3. APPLICATION. Qualified customers are required to submit, complete and sign a credit application. The information will be used to determine extending credit and the amount. Credit checks are conducted through Dun and Bradstreet. Digital Merchandising Solutions Inc. will hold all submitted financial information in the strictest of confidence. If credit is denied, any balance must be paid in full prior to shipment.
4. MAINTENANCE. Invoices are generated when products are shipped and mailed to customers via either first class postal mail or electronically. Statements are generated and sent out on the Fifteen (15th) of each month. Accounts that are inactive for at least four (4) months from last product shipped will be terminated. To reactivate account, customer must follow the credit qualification and application process again. Digital Merchandising Solutions Inc. may periodically check customer’s credit worthiness without notification to ensure proper credit level. In addition, Digital Merchandising Solutions Inc. reserves the right to cancel credit extension to any customer for any reason without notice.
5. DELINQUENCY. Unless otherwise stated, all invoices are payable net thirty (30) days from the date of the invoice. After thirty (30) days, unpaid invoices are marked PAST DUE. After sixty (60) days, the account is placed on CREDIT HOLD and marked DELINQUENT. After ninety (90) days, credit privileges are terminated. Interest charges will be assessed on all invoices not paid within the specified terms at a rate of 1.5% per month or an annual rate of eighteen percent (18%). All delinquencies will be reported to credit bureaus and placed with our collection service. Customers will be liable for any court costs, attorney’s fees and legal associated with collection of delinquent invoices. A fifty-dollar ($50 USD) charge will be assessed for all checks returned for “Not Sufficient Funds” (NSF). Return checks will cause account to be placed on a “Cash In Advance” status.
6. GUARANTY. Customers may elect to sign a Personal Guaranty to secure a line of credit with Digital Merchandising Solutions Inc. A minimum of two individuals is required to sign the guaranty. These individuals will personally guarantee payment of all debts incurred to DMS. The guaranty will be continuing and shall remain in force until revoked by notice in writing to DMS, such revocation to be effective only as to claims which arise out of transactions entered into after receipt of such notice
7. DEMO, USED OR RECONDITIONED EQUIPMENT. All Used or Reconditioned Products Offered and Sold by DMS are Guaranteed by Digital Merchandising Solutions Inc., to have been completely tested and to be free from any and all defects prior to shipment. All Used or Reconditioned Equipment which is Sold by Digital Merchandising Solutions Inc. is required to be Paid in Full by Bank to Bank Wire Transfer upon acceptance of the Order and in Full prior to shipment. The Terms & Conditions stated on the previous page of this web site apply to ALL transactions for new, used, reconditioned or demo products Sold by Digital Merchandising Solutions Inc. Please follow the link here to review the Terms & Conditions that apply to ALL transactions between the Buyer and Seller.
8. DEFAULT ON SALES TRANSACTION. In the event of a Default of either the Credit Terms that were granted to a Buyer on either New or Used Equipment or in the Event of a Default on a Sales Transaction for either New or Used Equipment any Terms or Credit granted to Buyer are immediately due and payable to Seller based on the Default of either the Sales Transaction or the Credit Terms granted the Buyer. If Buyer has made any Advance Payment or Down Payments to Seller, then Buyer grants Seller the right to immediately recover any amounts due Seller, including any and all Cancellation Charges of Thirty Five (35%) Percent that apply to the canceled transaction. If Buyer has any remaining balance due from Seller, Seller will issue a credit to Buyer which Buyer can use against any future purchases with Seller. In no event will Digital Merchandising Solutions Inc. (Seller) issue a cash refund to Buyer under any circumstance if original sales transaction was canceled or if there was a default on either the Terms granted to Buyer or the Sales Transaction. Seller has the option of Selling any custom manufactured product and then after it is resold at Sellers option refunding any remaining balance back to the Buyer.
9. INSPECTION ON CUSTOM BUILT LED DISPLAYS & MOBILE LED VEHICLES. Custom built Mobile LED Trucks and Trailers including Color LED Displays that are being custom built and constructed by Digital Merchandising Solutions Inc (Seller) can be inspected by Buyer at the time and date of the expected delivery or shipping and after all Payments have been paid by the Buyer to the Seller. Buyer CAN NOT inspect the Mobile LED Advertising Trailer or Truck until the entire vehicle is built and ready for delivery or to be shipped or transported. Inspecting the Mobile Unit during the building progress or in various building stages is NOT allowed by the Seller. If Buyer for any reason holds back any Payment that is due to the Seller based on pre-inspection of the Mobile LED Vehicle or LED Custom Built Display during the building process then Seller at its option can cancel the sales transaction and offer the LED Advertising Vehicle or LED Display to any other potential buyer that may be looking for a unit which is currently under construction. See Terms and Conditions regarding Cancellation.
10. FINANCING & LEASING. Digital Merchandising Solutions, Inc. has a working relationship with several Leasing and Financial Companies. Financing and Leasing is only available to USA & Canadian based established companies. Rates and Terms vary from Leasing company to Leasing Company. If you require leasing or financing information contact us at info@colorledsigns.com and we will forward Leasing Company names or Financial Institution names to you. All Payments which are made by the financial institution ( Bank or Leasing Company) representing the Buyer are to be made to the Seller as required by Seller and in a timely manner. Failure by a financial institution to make a required full payment to Seller (DMS) will be considered as a Default On The Sales Transaction by Seller (See # 8 Above) Seller requires Full Payment in advance on all Custom Built Mobile LED Advertising Trucks and Trailers including Custom Built Outdoor Advertising LED Displays. Payment is due and payable in Full at time of acceptance of the order by the Leasing or Financial Institution.
11. PAYMENTS MADE DIRECTLY TO MANUFACTURER’S & SUB CONTRACTORS. Any payment made by a Buyer or any Customer of Digital Merchandising Solutions Inc., (SELLER) that is made directly to either a custom manufacturer or Sub Contractor of Seller then the Terms and Conditions of that Manufacturer or Sub Contractor apply to the specific Buyer along with the terms & Conditions of the Seller. Digital Merchandising Solutions Inc., is not responsible for any specific time restraints, manufacturing delay or special conditions made by any Manufacturer or Sub Contractor on behalf of the Buyer. Any communication must be made by the Buyer directly with the Company that received the funds for their specific transaction if applicable.
12. SALES TAX. Digital Merchandising Solutions Inc., will charge the appropriate Sales Tax with all Transactions, if the sales transaction is for merchandise that will be based or installed in Illinois. If the Purchaser has a valid Reseller Sales Tax Number, a copy of this Reseller Tax Certificate must be submitted with the Purchase Order or Sales Order in order to avoid paying Illinois State Sales Tax.
If Sales Transaction involves a Mobile Truck or Trailer that will be Titled Outside of Illinois then the Buyer will be responsible for Paying the Local State Sales Tax on the Truck or Trailer (vehicle only) in the State where the vehicle will be titled. The Buyer will also be responsible for purchasing their own License Plates and Vehicle Insurance in the State where the Vehicle is Titled. International Buyers will not be required to Pay any State or Local USA Taxes on the vehicle purchased thru DMS or from the Vehicle Dealer based on the Title being issued to an International located Buyer. Buyer is responsible for having a Bonded Freight carrier transport the Truck or Trailer from Sellers manufacturing facility to avoid paying local State Sales Tax on the Sales Transaction.
13. PRICE & QUOTATION. Product prices are determined by written confirmation Buyer receives from Seller, including but not limited to prices stated on Digital Merchandising Solutions Inc. official web site. Verbal price quotations are subject to review and may not be honored by Seller. All Quotations are valid for 30 days, unless otherwise stated. If Buyer makes payment to Digital Merchandising Solutions prior to acceptance and receipt of a signed Pro Forma Invoice between Buyer & Seller (the parties) then receipt of Buyers Payment will act as Buyers acceptance of the Terms & Conditions including Payment & Credit Terms stated on Sellers Pro Forma Invoice and the Terms and Conditions stated on our Web Site in lieu of an executed signed Pro Forma Invoice between the parties.
14. LIMITATIONS OF CLAIMS. Seller will not be responsible for any harm arising out of Buyer's purchase, possession or use of any products supplied by Seller. Buyer's use of any function on Seller's web-sites, products new or used or any technical advice Seller may offer, except as agreed in the Limited Warranty set out above. SELLER WILL NOT BE HELD LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL OR EXEMPLARY DAMAGES. INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USAGE BY BUYER, LOSS OF ADVERTISING REVENUE, COST OF ANY SUBSTITUTE FOR THE PRODUCTS BUYER BOUGHT, DELAYS IN MANUFACTURING OR DELIVERY. FREIGHT RATE QUOTES AND RATE FOR SHIPPING THAT MAY CHANGE FOR ANY UNKNOWN REASON WHICH IS BEYOND SELLER’S CONTROL, CLAIMS OF THIRD PARTIES OR INJURY TO PERSON OR PROPERTY.
15. IN NO EVENT SHALL DIGITAL MERCHANDISING SOLUTIONS INC (DMS) OR IT’S OFFICERS OR EMPLOYEES BE LIABLE TO BUYER OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR CONNECTED IN ANY WAY WITH ANY MERCHANDISE THAT DIGITAL MERCHANDISING SOLUTIONS INC (DMS) SELLS OR DELIVERS TO BUYER INCLUDING MOBILE LED ADVERTISING TRUCKS OR MOBILE ADVERTISING LED TRAILERS OR LED DISPLAYS OR DIGITAL SIGNAGE SOLUTIONS RESULTING FROM THE USE OF THE GOODS SOLD TO THE BUYER.
BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THIS WEB SITE WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS WEB SITE FROM OTHER LOCATIONS, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS. DIGITAL MERCHANDISING SOLUTIONS INC., MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEB SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. ANY AND ALL INFORMATION CONTAINED IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN THE UNITED STATES.
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