mdi Terms and Conditions

We are Manufacturers Distributor, Incorporated ("Manufacturers Distributor, Inc.," "mdi," "we," "us" "our"), . We appreciate the opportunity to interact with you on the internet and are committed to providing you with exceptional customer service. The purpose of this Terms and Conditions page is to inform you on the Terms and Conditions of using our websites, online advertisements, phone and email communications with mdi personal, as well as any social media interactions, such as Facebook, YouTube and Twitter. The following also includes our terms and conditions on Price Changes, Quoting Process, Lead Times, Shipping and Handling, Terms of Payment, Terms of Sale, Warranty Information, Design/Specifications Information, and Cancellation and Returns ("Agreement").


Acceptance of Agreement



This Agreement is a contract that is legally binding and that you must accept in order to use this Site or purchase goods and services from us. The user of this Site, or Customer of a purchase ("you," "your," "user," or "Purchaser") agree(s) to the terms and conditions outlined herein with respect to this web-site, purchase order, or any mobile application (collectively referred to as the "Site"). This Agreement constitutes the entire and only agreement between mdi and the user, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings, including, but not limited to, any conflicting terms and conditions of a purchase order, with respect to the Site, the content, terms and conditions of a purchase and the subject matter of this Agreement. This Agreement and the Site may be amended by mdi at any time, and at any frequency without any specific notice to the user. By accessing or using this Site you agree to accept the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement please send us a written request along with a self-addressed stamped envelope with sufficient postage.


Rules that Govern the Use of this Site



By using this Site, or any mdi website, you are bound by these terms and conditions of use. If you do not agree with these terms and conditions please do not use this Site. Please understand that although you may be able to bypass certain portions of this Site, any use of this Site binds you to the Agreement. Further, because mdi reserves the right to change these terms and conditions at anytime, please regularly review them when you use this Site. If you have any questions regarding this Site or the Agreement please feel free to contact us.


Price Changes



Prices are subject to change without notice.


Quoting Process



Manufacturers Distributor, Inc. does not advertise prices online. All prices vary and are subject to change. Pricing on written quotes is valid for 10 days after quote date. After 10 days a revised quote with an updated price may be necessary for written quotes. Verbal quotes can be calculated for many products. Pricing on verbal quotes is valid for 5 days after quote date. After 5 days a revised quote may be necessary on verbal quotes.


Lead Times



Lead times vary based on manufacturer. Ask your sales representative for an approximation of when you can expect your product to be shipped. Mdi takes no responsibility for any type of product delivery delays, including, but not limited to, freight damage delays, supply chain delays or anything that may delay or prohibit the Purchaser from access to purchased products. Further, Purchaser acknowledges and understands that mdi is neither the manufacturer of the products or a “subcontractor” on a job-site. As such mdi will not be responsible for manufacturer or third-party delays, nor shall mdi be subject to Purchaser’s prime contract in anyway.


Shipping and Handling



All shipping dates are approximated at the time of quotation or order. They are dependent upon credit approval and subject to delays beyond the control of Manufacturers Distributor, Inc. All shipments are F.O.B. factory or Manufacturers Distributor, Inc. facility in Florida. Freight claims for damages caused in shipment are the responsibility of the Purchaser. If not specified by Purchaser, Manufacturers Distributor, Inc. may elect to ship complete or partial orders. Freight and a small handling fee will be added to each shipment. All freight quotes are estimates. The final shipping amount will appear on your invoice after the product has been shipped. Additional freight charges (including redelivery, lift gate, residential and limited access charges) will be added to your final bill and charged to your credit card on file. Collect shipping is not guaranteed as products are shipped by the manufacturer and not controlled by mdi. Additional handling fees may apply.


Terms of Payment



For Purchasers with approved or established credit with Manufacturers Distributor, Inc., terms of payment shall be net thirty (30) days from invoice date. Contractors are not allowed to wait until they are paid to pay mdi. Such late payment will void any future net 30 day terms of payment. Interest shall be assessed on any amounts outstanding after thirty (30) days in the amount of the lesser of 1-1/2% per month of the unpaid balance (annual rate of 18%) or the maximum interest rate allowed by law. In the event Purchaser fails to fulfill previous terms of payment, Manufacturers Distributor, Inc. may withhold shipments except upon receipt of cash in advance. You are responsible for payment of reasonable attorney fees and costs of collection for enforcement of credit terms. Manufacturers Distributor, Inc. reserves the right to change or withdraw credit terms at any time for any reason.


Design / Specifications



Product design and specifications are subject to change without notice. Any alteration or deviation from the agreed upon specifications involving extra costs will be executed only upon written change order(s) and will become an extra charge over and above the contracted amount. All change orders are subject to the terms and conditions of this Agreement.


Cancellation and Returns



Orders cancelled by Purchaser prior to shipment shall be subject to appropriate cancellation charges by Manufacturers Distributor, Inc. Orders cancelled by Purchaser after ship shall be subject to appropriate restocking charges.


■ Return requests must be made within 30 days of delivery. No material over 90 days will be considered.
■ All returns must be requested in writing.
■ No returns accepted without an RMA (Return Merchandise Authorization) number issued from mdi.
■ Custom products and special orders are non-cancellable and non-returnable.
  o This also includes:
  o Transair® Gray and Green Pipe
  o Transair® Metric Flanges and Valves
  o Transair® Flexible Hoses
  o Transair® Pipe out of box quantity
  o Pipeline Strainer Baskets and Screens
■ Any shortages or errors in shipment must be reported within 10 days of receipt of goods.
■ Damaged goods or complaints must be reported within 10 days of receipt of goods.
■ Products accepted with visible shipping damage may not be returnable if items are damaged and unusable.
■ Only original undamaged boxes in box quantity are considered for returns. Any material showing signs of mildew or water damage will be refused. Crates or pallets received with signs of water damage will not be unloaded and returned.
■ Return freight is the responsibility of the customer unless mdi is at fault. Customer is responsible for providing proof of shipping for the products returned. Customer is responsible to keep Transair® material dry while in storage and during shipment.
■ Returns are subject to a restocking fee as determined by mdi and the manufacturer.
■ Insurance must be added to returned pipe shipments.
■ Store credits for returns will not be processed until mdi receives product in good condition or credit is issued by mdi.
■ Items approved for return must be returned within 30 days or the RMA will be closed and no refund will be issued.

As always, Transair® returns are issued for store credit only.

Copyright/Intellectual Property



The content, organization, graphics, design, and other matters related to this Site are protected under applicable copyright and other proprietary laws and intellectual property laws. All rights are reserved. The copying, reproduction, use, modification or publication by anyone of any such matters or any part of this Site is strictly prohibited. Any use of this Site for purposes other than personal and non-commercial is prohibited without the prior express written permission of MANUFACTURERS DISTRIBUTOR, INC. All title, ownership and intellectual property rights in and to this Site are owned by MANUFACTURERS DISTRIBUTOR, INC. User acknowledges and agrees that this Site contains proprietary and confidential information that is protected by intellectual property and other laws. Except as expressly authorized by MANUFACTURERS DISTRIBUTOR, INC, user agrees not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Site, in whole or in part.


Force Majeure



MANUFACTURERS DISTRIBUTOR, INC shall not have any responsibility for any failure or delay in performing any services under this Agreement if such failure is due to an act of God, act of terrorism, war, pandemic, civil commotion, strike or labor dispute, explosion, accident, governmental law, order or regulation, delays in transportation, shortages of labor or materials, or any cause beyond the reasonable control of MANUFACTURERS DISTRIBUTOR, INC.


Waiver/Severability/Applicable Law



No delay or omission in exercising any right or powers shall impair such right or power or be construed to be a waiver. No provision of this Agreement will be waived and no breach excused unless the waiver or consent is in writing and is signed by the party that is claimed to have waived or consented. If any portion of this Agreement is held or determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect as if this Agreement had been executed with the invalid portion thereof eliminated. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT GIVING EFFECT TO THE CONFLICTS OF LAWS PROVISIONS THEREOF.


Attorney Fees/ Waiver of Jury Trial/Venue



If for an alleged breach or default of this Agreement, or any legal action arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and expenses, including all fees and expenses incurred at trial, on appeal or in any bankruptcy proceedings in addition to any court costs incurred and any other legal damages or other relief rewarded. Each party hereby irrevocably waives any right to a jury trial in any action or proceeding between the parties whether hereunder or otherwise. The parties hereby consent and agree that Pasco County, Florida (or the Middle District of Florida if in federal court) shall be the exclusive, proper and convenient venue for any legal proceeding in federal or state court relating to this Agreement, and each party waives any defense, whether asserted by motion or pleadings, that such venue is an improper or inconvenient forum.


Breach/Rights and Remedies Cumulative



Title of the all goods and products covered in this Agreement shall remain in mdi’s name until payment is received in full. All products and goods shall remain and be considered personal property subject to repossession by mdi in case of default. Mdi also retains the right to claim and enforce any and all mdi’s mechanic/material-men’s liens pursuant to applicable law.

In addition, MANUFACTURERS DISTRIBUTOR, INC shall have all rights and remedies available to it under the law. Such rights and remedies provided to MANUFACTURERS DISTRIBUTOR, INC shall be cumulative and not exclusive of any other rights and remedies by law or otherwise.


Indemnification



The user agrees to indemnify, defend and hold MANUFACTURERS DISTRIBUTOR, INC, its officers, its shareholders, managers, members, partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney's fees, related to the use of this Site (including negligent or wrongful conduct by you or any other person accessing this Site via your account) or your breach of this Agreement.


Disclaimer/Limitations of Liability



THE CONTENT PRODUCTS AND SERVICES FROM OR LISTED THROUGH THIS SITE AND ALL OF MDI'S WEBSITES ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MANUFACTURERS DISTRIBUTOR, INC IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

All responsibility or liability for any damages caused by viruses contained within the electronic file is disclaimed. You agree that access to MDI's websites are at your own risk. MANUFACTURERS DISTRIBUTOR, INC will not be liable to the user for any incidental, special or consequential damages of any kind that may result from use of or inability to use or access any MDI website.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, MDI’S LIABILTY TO YOU FOR ANY CAUSE IS HEREBY LIMITED TO THE AMOUNT YOU PAID TO MDI, IF ANY. FURTHER ANY AND ALL CLAIMS MADE BY YOU AGAINST MDI MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SHALL BE FOREVER BARRED, REGARDLESS OF ANY STATUTE OF LIMITIATION OR LAW TO THE CONTRARY.


Inaccuracies/Availability



MANUFACTURERS DISTRIBUTOR, INC reserves the right to amend an error or update product information at any time without prior notice. In the event a product is listed at an incorrect price, MANUFACTURERS DISTRIBUTOR, INC shall have the right to refuse or cancel any orders placed for such product listed at the incorrect price.


Correspondence



Any comments, feedback, suggestions or submissions made by you to MANUFACTURERS DISTRIBUTOR, INC shall become the sole and exclusive property of MANUFACTURERS DISTRIBUTOR, INC. As such any disclosure or submission by you shall be declared a full release of any and all proprietary claims you may have in such submission.

USER ACKNOWLEDGES THAT HE/SHE/IT HAS READ AND AGREES TO ALL THE ABOVE TERMS AND CONDITIONS AND THAT THE CONDITIONS ARE SATISFACTORY AND HEREBY ACCEPTED.