Website Terms Of Use

User's acknowledgement and acceptance of terms

Davis Supply Co., an Oklahoma corporation ("Davis Supply," "we," "us," or "our") welcomes you. We invite you to access and use our website at www.davissupplyco.com (the "Website").

We provide visitors to our Website ("Visitors") access to the Website subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use. These Terms of Use operate as a legal, binding agreement between you and Davis Supply. If you do not agree to any of these terms, then please do not use the Website.

In addition to these Terms of Use, any Website user who purchases a product through our Website agrees to any accompanying agreement related to such purchase, including without limitation those certain Terms of Purchase that each online purchaser must execute prior to purchasing our products online.

Guidelines for website use

By accessing and/or using the Website, you agree to comply with these guidelines (the "Guidelines"):

  • You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose;
  • You will not upload, post, email, transmit, or otherwise make available any content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another's privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, and/or veteran status); or discloses any sensitive information about another person, including that person's email address, postal address, phone number, credit card information, or any similar information.
  • You will not "stalk," threaten, or otherwise harass another person;
  • You will not spam or use the Website to engage in any commercial activities;
  • You will not access or use the Website to collect any market research for a competing business;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;
  • You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
  • You will let us know about inappropriate content of which you become aware. If you find something that violates our Guidelines, please let us know, and we'll review it.
  • We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any content that does not adhere to these Guidelines.
Sign-In name; Password; Unique Identifiers

To facilitate your purchase(s), we may ask you to create an account, which includes a sign-in name ("Sign-In Name"), a password ("Password"), and perhaps certain additional information, such as a Web Order ID, that will assist in authenticating your identity when you log-in in the future ("Unique Identifiers"). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Davis Supply will not be liable for any loss or damage caused by any unauthorized use of your account.

Fees and Payment

As consideration for any purchase you make on the Website, you shall pay all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in U.S. dollars.

All information regarding pricing, products and services is subject to change without notice and at Davis Supply's sole discretion. Davis Supply reserves the right to make adjustments to pricing and products as listed on the Website for any reason. Prices listed on the Website are net and do not include shipping charges, handling fees, taxes and/or duties. Those customers who claim exemption from taxes or duties are responsible for providing Davis Supply with the necessary documentation at the time of purchase or taxes will be added to their order.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Davis Supply to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

Intellectual Property

The Website contains material, such as photographs, software, text, graphics, images, sound recordings, videos, and other material provided by or on behalf of Davis Supply (collectively referred to as the "Content"). The Content may be owned or licensed by us, our affiliates, or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, non-commercial use. However, Visitors have no other rights in or to the Content and may not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Davis Supply. Davis Supply retains all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Davis Supply (the "Davis Supply Trademarks") used and displayed on the Website are registered and unregistered trademarks or service marks of Davis Supply. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the "Third-Party Trademarks," and, collectively with Davis Supply Trademarks, the "Trademarks"). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Davis Supply Trademarks inures to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

Communications with us

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

No Warranties; Limitation of liability

THE WEBSITE, PRODUCT, SERVICES, AND THE CONTENT PROVIDED BY DAVIS SUPPLY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITE AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS UNLESS REQUIRED BY APPLICABLE LAWS.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITE DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

External sites

The Website may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

Compliance with Applicable laws

The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination of the agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

Controlling law

The Website is controlled by Davis Supply from our offices within the State of Oklahoma, United States of America.By accessing the Website you agree that the laws of the State of Oklahoma, without regard to conflicts of laws principles, will apply to all matters relating to the use of this site and the purchase of products available through this site. Any litigation will be brought exclusively in Oklahoma County, Oklahoma, and you submit to the jurisdiction of the Federal and State Courts located therein and waive the right to change venue.

Miscellaneous

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. These terms and conditions constitute the entire agreement and understanding between you, the customer, and Davis Supply concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto, including any oral statements made by Davis Supply representatives of any alternate terms supplied by you to Davis Supply unless otherwise agreed to by Davis Supply in writing. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of the parties' successors, assigns, licensees, and sublicensees.

In the event any suit is commenced to construe or enforce this Agreement, the prevailing party, in addition to any other amounts, shall be paid by the other party a reasonable sum for attorneys' fees and costs.

TERMS OF ONLINE PURCHASE
Online purchaser's acknowledgement and Acceptance of terms

Thank you for your interest in purchasing products online from Davis Supply Co. ("Davis Supply," "we," "us," or "our"). When you purchase a product through www.davissupplyco.com (the "Website"), you are required to verify your assent to these Terms of Purchase (the "Agreement"). By electronically assenting to this Agreement and proceeding to purchase our product(s), you affirm you have read this Agreement, and you agree to be legally bound by its terms. Your electronic affirmation and agreement to the terms of this Agreement shall have the same legal effect as a physical signature.

Pricing, Payment, and Specifications

As consideration for any purchase you make on the Website, you shall pay all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment method you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in U.S. dollars.

All information regarding pricing, products and services is subject to change without notice and at Davis Supply's sole discretion. Davis Supply reserves the right to make adjustments to pricing and products as listed on the Website for any reason. Prices listed on the Website are net and do not include shipping charges, handling fees, taxes and/or duties. Those customers who claim exemption from taxes or duties are responsible for providing Davis Supply with the necessary documentation at the time of purchase or taxes will be added to their order.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Davis Supply to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

Shipping

Most products are shipped F.O.B. point of origin from the nearest Davis Supply warehouse to your location. UPS is used whenever possible; however, should your order exceed UPS size or weight limits, Common Carrier will be selected to expedite delivery. For rush shipments, please request UPS Next Day, UPS 2 nd or 3 rd Day. All shipping charges are prepaid by Davis Supply and added to the customer's invoice unless you choose the option to use your own UPS account. Any additional services requested by the customer, including but not limited to inside delivery, backyard delivery, special routing, residential delivery or pre-delivery notification must be paid by the customer.

Returns

If for any reason you are dissatisfied with a purchase you make from this Website, you may receive credit for additional purchases on the Website by returning the merchandise to Davis Supply within 30 days from the date of purchase. Please contact customer service at 1-800-522-0689 for an authorization number. In order to be eligible for a return for credit, merchandise must not have been installed or altered in any way, be returned in original packaging and re-sellable as determined by Davis Supply in its sole discretion. No returns on holiday lighting products, clearance or discount products except for defective or damaged shipments. Customers will be responsible for shipping charges on cancelled orders. Due to their nature, custom and special order products cannot be accepted for return unless the product was initially defective.

If a product is damaged during delivery to you via a freight carrier, note the damage on the carrier's delivery receipt and request an inspection report on the damaged shipment from the carrier to be forwarded to you within 10 business days. Forward the inspection report and original packing list to Davis Supply and we will file a claim on your behalf and immediately replace the damaged item(s). If a product is damaged during delivery to you via UPS or Parcel Post, you must note the extent of the damage on the back of the packing list. Once complete, forward the form to Davis Supply and hold the damaged materials for disposition instructions.

Warranties

Customers acknowledge that Davis Supply is not the manufacturer of any of the products purchased hereunder. Any warranty with respect to the products must come from the manufacturer. Davis Supply does not provide any warranty on products you view or purchase through the Website, but will pass through to customers any applicable warranties of the manufacturer to the extent permissible.

Davis Supply and its affiliates hereby expressly disclaim all warranties either express or implied, related to products, including, without limitation, and warranty of merchantability or fitness for a particular purpose, or warranty of non-infringement. This disclaimer does not affect the terms of the manufacturer's warranty, if any.

Limitation of liability

Davis Supply will not be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of profits, loss of business, or other economic damages. Davis Supply is not responsible for delays in delivery which result from any circumstances beyond its control. Davis Supply's aggregate liability shall not exceed the purchase price paid for any products purchased through this Website, or, if no such products were purchased, ten dollars ($10.00), said amount being a reasonable, pre-agreed estimation of damages.

Applicable law

The Website is controlled by Davis Supply from our offices within the State of Oklahoma, United States of America. By accessing this Website you agree that the laws of the State of Oklahoma, without regard to conflicts of laws principles, will apply to all matters relating to the use of this Website and the purchase of products available through this Website. Any litigation will be brought exclusively in Oklahoma County, Oklahoma and customer consents to the jurisdiction of the Federal and State Courts located therein, submits to the jurisdiction thereof and waives the right to change venue. In the event any suit is commenced to construe or enforce this Agreement, the prevailing party, in addition to any other amounts, shall be paid by the other party a reasonable sum for attorneys' fees and costs.

Miscellaneous

These terms and conditions constitute the entire agreement and understanding between you, the customer, and Davis Supply concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto, including any oral statements made by Davis Supply representatives of any alternate terms supplied by you to Davis Supply unless otherwise agreed to by Davis Supply in writing. To the extent that anything in or associated with this Website is in conflict or inconsistent with these Terms of Purchase, these Terms of Purchase shall control and govern. This Agreement shall be binding upon the parties and their respective successors, heirs, legal representatives and permitted assigns.

  1. FOLLOW US ON

    OKLAHOMA'S LEADING WHOLESALE DISTRIBUTOR CONVENIENTLY LOCATED IN EDMOND, NORMAN AND TULSA.

    OKLAHOMA'S LEADING WHOLESALE DISTRIBUTOR CONVENIENTLY LOCATED IN EDMOND, NORMAN AND TULSA.

© 2018 Davis Supply Co. All Rights Reserved

LoginSign Up

Forgot your Password?

loading

An Email Id is required to process your orders. Please enter your email id and click update.