Terms and Conditions

1. About DMS

DMS Global Solution LLC ("DMS," "we," "us," or "our") is a limited liability company organized in the State of New Mexico, United States.

Registered office:
1209 Mountain Road PL NE, STE N
Albuquerque, NM 87110
United States

• New Mexico Business ID: 0008106258
• Website: https://www.dmsglobalsolution.com
• Email: info@dmsglobalsolution.com
• Phone: +1 (505) 349-0443

The registered-office address does not mean that DMS receives, handles, stores, or dispatches products from that location.

2. Scope

DMS operates in two principal areas:

• Software and automation, including custom software development, internal business applications and tools, integrations, process automation, and, where applicable, installation or configuration of third-party systems.
• Product sourcing and procurement, including receiving requirements, identifying products, searching for and evaluating suppliers, preparing quotations, coordinating orders, acquiring products, communicating with suppliers, and coordinating fulfillment through independent third parties.

Depending on the transaction, DMS may act as the seller or supplier of a product or as a provider of sourcing, procurement, and/or coordination services. The nature and scope of each transaction will be described in the applicable quotation, proposal, invoice, order confirmation, or other transaction-specific documentation.

These Terms and the applicable transaction-specific documentation must be read together. Specific terms supplement these Terms for the matters they expressly address, without limiting mandatory rights under applicable law.

3. Requests and Quotations

A request for information or quotation, initial contact, meeting, or discussion does not constitute an order, acceptance by DMS, or a commitment to provide products or services.

Before preparing or accepting a transaction, DMS may review product or project specifications, quantity, availability, price, supplier suitability, destination, logistical feasibility, supplier or transport-operator restrictions, applicable regulation, and the nature of the requested product or service. DMS may request additional information or clarification where reasonably necessary.

Customers are responsible for providing information that is accurate and sufficiently complete for DMS to evaluate the request. DMS is not required to issue a quotation or accept every request.

4. Validity of Quotations

Unless a quotation expressly states a different period, quotations are valid for 72 hours from the time they are issued.

Acceptance received after the validity period may require confirmation or a new quotation. A quotation remains subject to any conditions expressly stated in it.

5. Product Sales

For a Product Sale, DMS sells or supplies the products described in the applicable transaction documentation. DMS may purchase the products from a supplier after the customer has accepted the quotation and the transaction has been formed.

Products may be manufactured, supplied, stored, handled, or transported by independent third parties. DMS and its personnel do not physically receive or handle products and do not operate their own warehouses or transportation fleets. This operating model does not, by itself, remove any responsibility that DMS may have as seller under the transaction or mandatory law.

Product specifications, quantities, included services, pricing, and other conditions will be stated in the relevant quotation, invoice, or order-specific documentation. Any manufacturer or supplier warranty is additional to and does not replace mandatory consumer rights.

6. Sourcing and Procurement Services

For a Sourcing or Procurement Service, DMS may identify products, search for and evaluate suppliers, prepare quotations, coordinate supplier communications, arrange or carry out acquisitions within the agreed scope, coordinate orders, and coordinate fulfillment with independent operators.

DMS may work with manufacturers, wholesalers, distributors, local or international suppliers, and established marketplaces. The precise scope, including whether DMS provides sourcing, procurement, order-management, or fulfillment-coordination services, will be stated in the transaction-specific documentation.

Availability, supplier participation, and suitability cannot be confirmed until the relevant review is complete. DMS does not act as a carrier or freight forwarder when providing these services.

7. Software and Automation Services

Initial contact, meetings, needs analysis, discovery, discussion of alternatives, or preparation of a proposal do not automatically create a contracted project or require DMS to begin work.

A software or automation project is governed by the accepted proposal or other project-specific agreement. That documentation may define scope, deliverables, start of work, milestones, payment schedule, customer dependencies, change process, delivery or acceptance arrangements, and cancellation conditions.

Where mandatory consumer rules apply to the early commencement of services or digital work, those rights are not excluded by these general Terms.

When a consumer asks for a service to begin during an applicable statutory withdrawal period, DMS may ask the consumer to make an express request or give express consent, as required by applicable law. The corresponding consequences will be stated in the proposal or other transaction-specific documentation. Payment alone does not automatically constitute that request or consent.

8. Pricing and Currencies

DMS may charge fees for software, automation, integrations, sourcing, procurement, coordination, order management, or fulfillment management. A product quotation may also include a commercial margin.

Depending on the transaction, a quotation may present a total fixed price or identify products, costs, and fees separately. Only items expressly stated as included form part of the quoted price.

DMS may issue quotations and invoices in any currency appropriate to the customer and transaction. The currency identified in the applicable quotation or invoice applies to that transaction.

9. Payments

Available payment methods are provided with each quotation or invoice and may vary depending on the transaction.

Payment amounts, required deposits, timing, and applicable milestones will be stated in the quotation, proposal, invoice, or other transaction-specific documentation. The customer pays DMS for the products or services identified in that documentation.

Unless the transaction-specific documentation provides otherwise, a contractual relationship may arise when the customer accepts a valid quotation or proposal and DMS receives any payment or deposit required to proceed.

10. Supplier Availability and Changes

If a supplier materially changes price, availability, specifications, or conditions before DMS has acquired or committed to acquire the relevant product, DMS will inform the customer and may:

• issue a revised quotation;
• offer a suitable alternative; or
• cancel the affected transaction and provide the applicable refund.

DMS will not charge a higher price for the affected transaction without the customer's express acceptance. Any alternative product also requires the customer's acceptance before DMS proceeds.

11. Order Acceptance

Submitting a request does not mean that DMS has accepted an order. Before a contract is formed, DMS may decline a request or transaction where:

• the product is prohibited or restricted;
• hazardous goods are not accepted for the proposed operation;
• the request or destination is not operationally viable;
• the transaction would conflict with applicable regulation;
• a supplier or transport operator refuses the product or transaction; or
• DMS reasonably determines that it cannot perform the transaction safely or lawfully.

DMS will communicate whether it can proceed through the applicable quotation or transaction documentation. If DMS receives payment for an operation it declines before a contract is formed, the amount received for that operation will be refunded.

Once a contract has been formed, any cancellation or inability to proceed will be handled under the transaction-specific documentation, the Refund & Cancellation Policy, and mandatory law.

12. Third-Party Fulfillment

DMS coordinates fulfillment through independent providers. Storage, forwarding, transportation, customs handling where applicable, and final delivery may be carried out by independent warehouses, logistics providers, carriers, or other operators. DMS does not operate its own warehouses or fleets, directly perform transportation, or itself act as a carrier or freight forwarder.

Delivery dates and fulfillment times are estimates unless DMS makes a specific written commitment for the transaction. Tracking may be provided when available. Operators or routes may change because of availability, restrictions, operational requirements, or circumstances affecting the shipment.

The involvement of an independent provider does not automatically eliminate any responsibility DMS may have. Responsibility depends on DMS's role, the transaction documentation, the cause of the issue, and mandatory law.

Additional details are available in the Fulfillment & Delivery Policy.

13. Customs, Duties, and Taxes

Customs charges, duties, import taxes, and similar amounts may be handled differently depending on the transaction and destination.

If a quotation expressly states that a charge is included, it is included in the quoted price under the conditions stated in that quotation. If a charge is not identified as included, it may be payable by the customer or recipient, depending on the transaction, destination, and applicable law.

The customer or recipient must provide accurate information or documentation reasonably required for customs clearance or delivery. Nothing in these Terms assigns a charge to the customer where mandatory law or the transaction documentation places that responsibility on DMS.

14. Restricted or Prohibited Requests

DMS may reasonably decline or cancel, as permitted by the applicable contract and law, requests involving:

• prohibited or restricted products;
• hazardous goods not accepted for the proposed operation;
• unsupported or operationally unviable destinations;
• products or transactions that conflict with applicable regulation;
• products rejected by suppliers, warehouses, carriers, or other operators; or
• operations DMS reasonably determines cannot be completed safely or lawfully.

Acceptance depends on the specific product, destination, supplier, operator, and applicable requirements. These Terms do not establish a universal list of prohibited countries.

15. Cancellations and Refunds

Cancellation and refund eligibility depends on the nature and stage of the transaction:

• A request that has not been accepted may be withdrawn and does not constitute an order.
• If a quotation has been accepted but DMS has not acquired the product or committed material, non-recoverable costs, a cancellable transaction will receive a full refund.
• If a product has been acquired, third-party costs committed, a genuinely customized product produced, or the product handed to a logistics operator, shipped, or delivered, the available cancellation or refund will be assessed according to the circumstances, recoverability of costs, transaction documentation, and applicable law.
• A cost is not automatically non-refundable against a consumer merely because it has been committed. Mandatory consumer rights always prevail.
• If a supplier becomes unavailable, DMS may offer an alternative or revised quotation, or cancel and refund the affected transaction as applicable.
• Cancellation of software or automation services depends on work performed, project milestones, committed third-party costs where applicable, the accepted proposal or agreement, and mandatory law.

Where a consumer has a mandatory right of withdrawal, that right will be respected. If legally permitted and disclosed in advance, the consumer may be responsible for the direct cost of a change-of-mind return. The consumer will not bear that cost where the return results from an error attributable to DMS's sale, a defect, or lack of conformity.

The procedure is explained in the Refund & Cancellation Policy.

16. Defective, Damaged, Incorrect, or Non-Conforming Products

A customer who receives a product that is damaged, defective, incorrect, or not in conformity with the transaction documentation should contact DMS at info@dmsglobalsolution.com.

Where reasonably necessary, DMS may request photographs, video, packaging, labels, tracking information, and a description of the problem. Customers should retain the product and relevant packaging while the request is reviewed, where reasonably practicable.

DMS will review the circumstances and may coordinate a claim or investigation with the relevant supplier, warehouse, carrier, or other operator. Depending on the transaction, evidence, and applicable law, the solution may include repair, replacement, return, price reduction, refund, or another appropriate legal or commercial remedy.

Any manufacturer or supplier warranty is subject to its own terms and is additional to, rather than a replacement for, mandatory consumer rights.

17. Intellectual Property — Website and General Materials

Unless otherwise indicated, the Site and its general content, including DMS text, branding, graphics, and other materials, are owned by or licensed to DMS and protected by applicable intellectual-property laws.

Users may access the Site for lawful personal or business-evaluation purposes. These Terms do not transfer ownership of DMS materials or grant a right to reproduce, distribute, modify, or commercially exploit them without authorization, except where applicable law permits otherwise.

Third-party names, marks, and materials remain the property of their respective owners.

18. Intellectual Property — Software Projects

Ownership, licenses, permitted use, source-code access where applicable, and rights in software-project deliverables will be determined by the accepted proposal or project-specific agreement.

Nothing in these general Terms independently determines or transfers ownership of project-specific software, deliverables, customer materials, or other project intellectual property. The applicable proposal or agreement must be reviewed for those terms.

19. Limitation of Liability

Nothing in these Terms excludes or limits liability, a statutory remedy, or a consumer right that cannot lawfully be excluded or limited.

Subject to that rule and to the extent permitted by law, DMS is not responsible for indirect or consequential loss that was not reasonably foreseeable when the contract was formed, or for delay or failure caused solely by inaccurate customer information, customer instructions, or events and actions of independent providers outside DMS's reasonable control.

This clause does not create a blanket exclusion for suppliers, warehouses, carriers, or other independent providers. Responsibility will be determined according to DMS's role as seller or service provider, the transaction documentation, DMS's own acts or omissions, the cause of the loss, and applicable law.

20. Consumer Rights

Nothing in these Terms limits mandatory consumer-protection rights. Those rights may vary according to the customer's place of residence, place of supply, nature of the transaction, and other legally relevant circumstances.

Where applicable law provides a right of withdrawal, remedies for defective or non-conforming goods or services, or other mandatory protections, those rights prevail over any inconsistent provision of these Terms or transaction-specific documentation.

These Terms do not create a universal withdrawal period. Any applicable period and conditions are determined by mandatory law and the relevant transaction.

21. Governing Law

These Terms are governed by the laws of the State of New Mexico, United States, without prejudice to any mandatory consumer protection rights that may apply under the laws of the customer's place of residence.

These Terms do not designate an exclusive court or venue.

22. Changes to These Terms

DMS may update these Terms to reflect changes in its operations, legal requirements, or the general conditions governing future transactions. The current version will be published on the Site with its effective and last-updated dates.

Unless agreed with the customer or required by law, an update will not retroactively change the specific terms of an already accepted order or project.

23. Contact

Questions about these Terms may be sent to:

DMS Global Solution LLC
Registered office:
1209 Mountain Road PL NE, STE N
Albuquerque, NM 87110
United States
New Mexico Business ID: 0008106258
Email: info@dmsglobalsolution.com
Phone: +1 (505) 349-0443
Website: https://www.dmsglobalsolution.com