Terms & Conditions

These Terms & Conditions (“Terms”) govern your use of the Site and the purchase of products (“Products”) from DMARK Corporation (“Seller,” “DMARK,” “we,” “us”). By placing an order or using the Site, you agree to these Terms.

1. Acceptance of Orders

All orders are subject to approval and acceptance by Seller. Seller may reject or cancel any order in its sole discretion, including for pricing errors, availability, suspected fraud, or credit concerns.

2. Complete Agreement

These Terms, together with any written quotation, order acknowledgement, invoice, and applicable policies (including the Return Policy), constitute the entire agreement between Seller and Buyer and supersede prior communications. Any modification must be in writing and signed by Seller.

3. Prices, Quotes, and Errors

Prices are subject to change without notice. Quotes are valid only for the period stated in the quote. Seller reserves the right to correct pricing, typographical, or system errors and to cancel affected orders.

4. Taxes

Prices do not include sales, use, VAT, excise, or similar taxes unless explicitly stated. Buyer is responsible for all applicable taxes, duties, and government charges.

5. Payment Terms

Unless otherwise agreed in writing:

• Website payment terms are payment with credit or debit card at the time of order
• Payment terms may be Net 30 from invoice date, subject to credit approval.
  
  
• Seller may require prepayment, deposit, or other assurance of payment.
  
  
• A service charge of the lesser of 1.5% per month or the maximum lawful rate may be added to past‑due amounts.
  
  

6. Security Interest

Seller reserves the right to require payment prior to shipment. To secure payment and performance, Buyer grants Seller a security interest in Products/equipment sold until all amounts are paid in full, and Seller may file appropriate financing statements.

7. Shipping, Delivery, and Risk of Loss

Delivery dates are estimates and not guaranteed. Unless otherwise agreed in writing:

• Products ship via Seller’s chosen carrier/method.
  
  
• Risk of loss passes to Buyer upon delivery to the carrier (FOB point of origin), unless required otherwise by law or stated in writing.
  
  
• For standard e‑store orders delivered within the contiguous 48 U.S. states, shipping may be provided at no additional cost where stated on the Site. Special delivery services (e.g., liftgate, appointment, inside delivery), expedited shipping, and non‑contiguous/international shipments may incur additional charges.
  
  

8. Force Majeure

Seller is not liable for delays or failure to perform due to causes beyond Seller’s reasonable control (including acts of God, labor disputes, supply chain disruptions, carrier delays, fire, flood, pandemic, government action, or manufacturer delays).

9. Inspection; Shortage or Damage Claims

Buyer must inspect shipments promptly. Any claims for shortages, visible damage, or incorrect items must be reported to Seller within a reasonable time (and in any case no later than five (5) days after receipt), and Buyer must retain packaging and documentation needed for carrier claims.

10. Warranty and Disclaimer

Products are warranted only to the extent of the applicable manufacturer’s warranty, if any, and only when used under normal conditions and within manufacturer specifications. EXCEPT AS EXPRESSLY PROVIDED IN WRITING, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of Liability

To the fullest extent permitted by law, Seller shall not be liable for indirect, incidental, special, consequential, or punitive damages (including lost profits, lost production, or business interruption). Seller’s total liability shall not exceed the amount paid for the Product(s) giving rise to the claim.

12. Returned Goods

Products may not be returned without Seller’s prior written consent and an RA#. If authorized, returns must be unused, undamaged, and resalable. Restocking/return charges may apply (including up to 50%), and custom/special‑order items may be non‑returnable. See the Return Policy for additional details.

13. Termination / Order Changes

If Buyer requests changes or termination of an order, Seller may accept or reject the request in its sole discretion. If accepted, Buyer shall pay for costs incurred (including direct, indirect, and allocated costs) and applicable cancellation charges as permitted by law and/or stated in the Return Policy or order documents.

14. Proprietary Information

All quotations, drawings, specifications, and other information provided by Seller remain Seller’s proprietary information and may not be disclosed or used for any purpose other than evaluating or purchasing Products. Upon request, Buyer must return such materials.

15. Buyer’s Indemnity

Buyer agrees to indemnify, defend, and hold harmless Seller from claims, damages, or expenses arising out of Buyer’s misuse of Products, Buyer‑provided specifications, unauthorized modifications, or Buyer’s breach of these Terms.

16. Waiver

Failure by Seller to enforce any right or provision shall not constitute a waiver of such right or provision.

17. Governing Law; Binding Arbitration

These Terms are governed by the laws of the State of California (without regard to conflict‑of‑law principles). Any dispute arising out of or relating to these Terms or the sale of Products shall be resolved exclusively by binding arbitration in Orange County, California, before a retired state or federal judge. The prevailing party shall be awarded attorneys’ fees and arbitration costs as allowed by the arbitrator. The parties consent to jurisdiction in Orange County, California for purposes of enforcing an arbitration award.