Standard Dealership Terms
Please read the Standard Dealership Agreement for MDS Solutions, Inc. which apply to all MDS dealers.
1. Dealership. Subject to your compliance with these terms and payment of the dealership fee you agreed to when joining MDS, you will have a dealership with MDS including the right to purchase merchandise for resale, and all services provided for you from MDS.
3. Renewal Fees. There are no monthly or yearly fees for your Dealership. Your dealer fee is only a one time fee that allows you to be a lifetime dealer.
4. Communication. Throughout the course of your dealership, MDS may contact you for administrative and promotional reasons by mail, email or telephone. You may be able to opt out of some of these communication channels by calling customer service, or by request by email.
5. Credit card transactions. All credit card transactions are processed over a secured server and the information is encrypted and can not be read by third parties to protect your personal information being viewed. Our servers are PCI Compliant
6. Fees and Credits. You are responsible for all charges incurred, including your initial dealer fee in accordance with the payment you agreed to when joining, and payment for any merchandise or materials you order from MDS. Payments made by check will result in a hold on shipment or account status of approximately seven business days. Upon suspension, cancellation, or termination of your membership any unused credits or funds remaining in your account remain the property of MDS.
7. Account Credits may be used for ordering merchandise and supplies only, are non-refundable, and expire one year from the date of issuance.
8. Purchasing of CD-Roms and catalogs can not be returned. Merchandise can be returned within 30 days for a replacement or refund. A restocking fee may apply for merchandise being returned for refund. We will pay the shipping for a return item that is defective and pay for the reshipping of the replacement item. We do not pay return shipping for merchandise that is returned for refund.
9. Termination. MDS may immediately terminate your dealership if you breach any provision of these terms or engage in any prohibited activities.
10. Cancellation and refunds. You may cancellation your dealership at anytime, however your dealer fee is non-refundable.
11. Webstore. We provide a webstore setup for free if you choose to have a webstore setup by us. There is a monthly web hosting fee to have your webstore hosted on our servers. Web hosting can be canceled at anytime and not be billed for the next month, however web hosting is not refundable.
12. Prohibited Activities. You may not directly or indirectly (a) use the names My Dealer Source in the conduct of your business, (b) infringe on any MDS trade names, trademarks or copyrights, (c) contact or solicit other MDS dealers, (d) use your dealership in any manner or for any purpose other than selling MDS products, (e) distribute MDS products outside authorized sales channels, (f) engage in any unlawful, unfair or deceptive business practice, (g) fail to conduct your business in an honest and ethical manner.
13. Compliance. You are solely responsible for all aspects of operating your business. You agree to comply with all applicable federal, state and local laws, ordinances and regulations in connection with the operation of your business and the sale and marketing of our products. You agree to comply with any manufacturer’s restrictions on the sale of their products.
14. Taxes. You are solely responsible for calculating, collecting, withholding, reporting and paying any and all applicable taxes, duties, including without limitation states and local sales taxes, and federal and state income taxes. Tax laws differ from state to state, it is your responsibility to check with your local town hall or accountant for collecting taxes for the sale of the products. MDS does not charge you sales tax when you purchase products for resale, you would collect the sales tax on the final sale to your customer.
15. Warranty Exclusion. MDS is not liable for any losses, costs or damages arising directly or indirectly from your dealership, the services we provide or the sale of our products. No warranty or representation, express or implied, as to merchantability or fitness for a particular purpose is given or assumed by MDS or its affiliates, and all such warranties, representations and terms are hereby disclaimed and expressly excluded. No advice or information given by MDS or any of our representatives shall create any warranty.
16. Credit. The line of credit is offered to our members by a third party company and is not part of MDS. You can accept or decline the line of credit, you do not have to participate. The terms an agreement would be between you an the loaning company.
17. No Agency. You agree and acknowledge that you and MDS have an independent business relationship. Nothing about your dealership or provided for in these rules shall be deemed to create franchise, joint venture or agency, and neither party is the other’s franchisee, employee, agent or representative. You will not state, imply or hold yourself out to anyone as being associated, affiliated with or endorsed by MDS.
18. MDS is not responsible for any injury caused by a product either accidental or deliberate. This would be taken up with the manufacture of the product.
19. Entire Agreement. The agreement you entered into when you joined MDS, terms & policies and these Rules constitute the complete agreement between you and MDS, and supersede any other representation or agreement, whether written or oral.