American Mart LLC
Email: sales@americanmart.net
1. Introduction
These Terms & Conditions (“Terms”) govern the use of services provided by American Mart LLC (“Company,” “we,” “our,” or “us”) in connection with the distribution of pharmaceutical and medical products. By engaging with our services, including placing orders, accessing our website, or entering into agreements, the customer (“you” or “Customer”) agrees to these Terms.
The Company operates strictly on a business-to-business (B2B) basis and does not sell products to individual consumers, pharmacies, or retail outlets.
2. Business Eligibility
Only licensed importers, distributors, or other authorized business entities may engage with American Mart LLC. Customers must provide valid business credentials, licenses, and regulatory approvals as required by applicable law.
3. Orders and Acceptance
- Orders are subject to written confirmation by the Company.
- The Company reserves the right to accept or reject orders at its discretion.
- Product availability, specifications, and pricing are subject to change without prior notice.
4. Pricing and Payment
- All prices are quoted in U.S. Dollars (USD) and exclusive of taxes, shipping, customs duties, or other fees, unless explicitly stated otherwise.
- Payment terms must be agreed upon in writing before shipment.
- Late payments may incur fees or suspension of further shipments.
5. Shipping and Delivery
- All shipments are arranged at the Customer’s expense or as agreed in writing between the parties at the time of contract signing.
- The Company prepares and delivers products to the carrier approved and selected by the Customer in coordination with the Company.
- The Company is not responsible for the carrier’s choice, shipping delays, loss, or damage once the products leave the Company’s facilities.
- Delivery times may vary based on carrier schedules, customs clearance, and destination regulations.
- Customers are responsible for providing accurate shipping addresses, customs documentation, and import approvals.
6. Risk of Loss
- Risk of loss, damage, or delay transfers to the Customer once the shipment is handed over to the approved carrier.
- The Company is not liable for any damages or losses during transport, whether domestic or international.
7. Force Majeure
The Company is not liable for failure or delay in fulfilling obligations caused by:
- Acts of God, natural disasters, or force majeure events
- Government restrictions or regulatory changes
- Carrier errors, delays, or failures
- Any circumstance beyond the Company’s reasonable control
8. Returns and Damaged Goods
- Returns require prior written authorization from the Company.
- Damaged shipments must be reported directly to the carrier within their claim period.
- The Company may assist in coordinating claims but is not responsible for resolution between the carrier and Customer.
9. Data Privacy
- The Company’s handling of personal and business information is governed by its Privacy Policy.
- Customers must provide accurate information and consent to data processing necessary for contractual, regulatory, and operational purposes.
10. Regulatory Compliance
- Customers are responsible for complying with all local import/export laws and regulations.
- The Company complies with applicable laws including FDA regulations, DSCSA, DEA regulations, GDPR (if applicable), and CCPA (if applicable).
- Customers must ensure that imported products are handled, stored, and distributed according to applicable regulations.
11. Limitation of Liability
To the fullest extent permitted by law:
- The Company is not liable for indirect, incidental, or consequential damages, including loss of revenue, profit, or business opportunities.
- Liability for product defects, shipment issues, or delays is limited to the replacement of the product or refund of the purchase price, at the Company’s discretion.
- The Customer assumes all risk for use, storage, and distribution of products.
12. Governing Law and Jurisdiction
- These Terms are governed by the laws of the State of Minnesota, USA.
- Any disputes arising from these Terms will be resolved in the competent courts of Minnesota, USA.
13. Amendments
The Company may update these Terms periodically. The most current version will be posted on the Company’s website. Customers are bound by updates upon posting.