COVID-19: Response Plan
Please read these terms and conditions carefully. They contain important information concerning your legal rights, warranties, obligations, and available dispute resolutions. These conditions also require that if we are unable to resolve any matter to your satisfaction, you agree to exclusively use arbitration to decide the dispute, and will bring any claims solely on an individual basis. We reserve the right to revise these Terms and Conditions at any time.
Our #ClimbHigher world headquarters is located in Columbia, Missouri USA. Any questions relating to these terms and conditions or their application shall be governed by the laws of the United States and the State of Missouri.
Much of the content on gmesupply.com is owned by or licensed by us. Including, but not limited to the design, layout, look, appearance, graphics, photography, video, and copy. Reproduction is prohibited other than in accordance with the copyright notice.
Our customers accept the Terms and Conditions at the point of purchase. These Terms and Conditions, together with the applicable terms of the invoice or sale confirmation to which they relate, are the sole terms governing the sale of products by GMES LLC and constitute the entire agreement between GMES LLC and Customer. These Terms and Conditions prevail over Customer's terms and conditions of purchase, if any, which are hereby rejected. Fulfillment of Customer's order does not constitute acceptance of any of Customer's terms and conditions or otherwise modify these Terms and Conditions.
If you are not satisfied with a "stocked", non-special order product for any reason, we will promptly provide an exchange or refund, if the product is returned within 30 days of date of invoice, with proof of purchase.
GME Supply sells wholesale to Business Customers, while also serving individuals.
You are responsible for payment of all applicable state and local taxes, or for providing sales tax exemption certificates. If you are tax exempt, it is your responsibility to let us know which products are exempt.
FOR BUSINESS CUSTOMERS: GMES LLC DOES NOT MANUFACTURE OR CONTROL ANY PRODUCTS OFFERED FOR SALE AND DOES NOT PROVIDE ANY WARRANTY WITH RESPECT THERETO. ALL PRODUCTS ARE SUBJECT TO THE MANUFACTURER'S PUBLISHED WARRANTIES. NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY GMES LLC. GMES LLC SUPPLIES ALL PRODUCTS AS IN AND WHERE IS AND DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. GMES LLC ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. GMES LLC EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. GMES LLC'S LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY. GMES LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES, LIABILITIES, CLAIMS OR CAUSES OF ACTION ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO CUSTOMER.
FOR ALL OTHER CUSTOMERS: GMES LLC DOES NOT MANUFACTURE OR CONTROL ANY PRODUCTS OFFERED FOR SALE AND DOES NOT PROVIDE ANY WARRANTY WITH RESPECT THERETO. ALL PRODUCTS ARE SUBJECT TO THE MANUFACTURER'S PUBLISHED WARRANTIES. NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY GMES LLC. GMES LLC SUPPLIES PRODUCTS AS IN AND WHERE IS AND DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. GMES LLC ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. GMES LLC EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. GMES LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES, LIABILITIES, CLAIMS OR CAUSES OF ACTION ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO CUSTOMER.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE.
Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. GMES LLC does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does GMES LLC accept responsibility for construction, installation and/or use of a product. It is Customer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
Product cross-reference comparisons or product alternatives that are presented do not imply that products are available or perfectly comparable. CROSS-REFERENCED PRODUCTS OR PRODUCT ALTERNATIVES ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross-referenced product or product alternative specifications prior to purchase and use to determine suitability of the product for Customer's intended use.
GMES LLC is a distributor of products. Information about the products in our catalog or web site is provided by the manufacturers and/or suppliers. Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any GMES LLC catalog, literature or websites does not constitute the right to purchase products. GMES LLC reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the our catalogs and websites, and we reserve the right to correct or change such pricing errors without notice. GMES LLC further reserves the right to cancel any and all orders resulting from such pricing errors, even if Customer has received an order confirmation from GMES LLC.
Products and/or country of origin may be substituted and may not be identical to descriptions and/or images published in the catalog or on the website.
Safety Data Sheets (“SDS”) for OSHA defined hazardous substances are supplied by the manufacturers and/or suppliers. GMES LLC MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. CUSTOMER END USER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT. Send SDS requests to GMES LLC, 1391 E Boone Industrial Blvd, Columbia, MO 65202, or call 1-718-210-3913.
Buyer's remedies under this agreement are subject to any limitations contained in manufacturer's terms and conditions to GME Supply, a copy of which will be furnished upon written request. Furthermore, GME Supply's liability shall be limited to either repair or replacement of the goods or refund of the purchase price, all at GME Supply's option, and IN NO CASE SHALL GME SUPPLY BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. In addition, claims for shortages, other than loss in transit, must be made in writing not more than five (5) days after receipt of shipment.
The failure of GME SUPPLY to insist upon the performance of any of the terms or conditions of this agreement or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions, or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under this agreement.
Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of GME SUPPLY, and any such assignment, without such consent, shall be void.
Notice: "GME Supply", GME Supply logo, "Climb Higher", "America’s Premier Outfitter", and "Gear Experts" are trademarks of GME Supply and are protected in the United States and abroad. All other trademarks contained within are the property of their respective owners. We are not responsible for typographical or photographic errors. Prices are subject to change without notice.
Buyer agrees that any credit balance(s) issued by GMES LLC must be used within one (1) year from the date the credit was issued, and may only be used for purchases of products. Any unused credit or portion thereof will automatically expire after one (1) year.
The GME Supply Account is issued by, and credit is extended by, GME Supply, 1391 E Boone Industrial Blvd, MO 65202. Any references in this Agreement to “GME Supply” refer to GMES LLC or any third party designated by GMES LLC to act as issuer and/or servicer of the Account. “You”, “your”, and “Applicant” refer to the business applicant identified in the commercial credit application.
If your application is approved, a commercial charge account (“Account”) will be opened in the name of the Applicant. Your Account will be established for business, commercial or organizational purposes on behalf of your business. You promise to pay all amounts owed under this Agreement, including any finance and late charges and any other charges that may be applicable from time to time. You agree to pay for all transactions made on your Account, whether or not such transactions were in fact authorized by you, were made for your benefit, or exceeded your credit limit. Your obligations under this Agreement are absolute and unconditional to the fullest extent permitted under applicable law.
A credit limit will be assigned to your Account, which credit limit we may raise, lower, or allow you to exceed, at any time, without advance notice to you. All unpaid purchases, whether billed or unbilled, will be considered in determining your available credit. We may at any time, without advance notice to you, limit or terminate the use of your Account or terminate or suspend your right to make future purchases. You may at any time on written notice to us terminate this Agreement with respect to future use of your Account. Regardless of any limitation, suspension or termination hereunder, you agree to pay the outstanding balance of the Account according to the terms of this Agreement, and all of our rights will continue in full force and effect until all of your obligations are fully satisfied, including payment of late payment fees and finance charges, which we will continue to impose until the date of full payment.
If your Account is established as a statement billed account, we will send you periodic billing statements reflecting all purchases and fees charged to the Account during the applicable billing period. Your statement billing cycle is closed on the 25th of each month. Statements are mailed and posted to your secure web account. Payment of the entire balance is due in full by the date indicated on your statement. If your Account is established as an invoice billed account, we will send you an invoice for each transaction. Payment of the transaction balance reflected in the invoice is due in full by the date indicated on your invoice. Your initial billing address is the address you specified in your application unless you notify us of a change in this information. Outstanding balances unpaid after the applicable due date will be considered delinquent and will be assessed a 1.5% finance charge and a $29.00 late fee per billing period (or, if less, the maximum finance charge and late fee permitted under the law).
You may make payments in U.S. dollars by check or you may sign up to make payments by Electronic Funds Transfer (“EFT”) from your designated bank account. EFT payments received before 4:00 p.m. ET will be credited to your Account the same day. EFT payments received after 4:00 p.m. ET will be credited to your Account the next day. Check payments will be credited to your Account promptly after receipt; however, crediting may be delayed if payment is not received in a proper form (including if payment is not accompanied by the remittance portion of your Account Statement). If your bank should fail to honor payment to us, you agree to pa our insufficient funds/returned item fee of $35.00 (or such lesser amount as is required by law). In addition, if your payment is dishonored, we may require immediate and full payment of all outstanding amounts.
To the extent permitted by applicable law, if we accept any late payment or partial payment (whether or not marked as payment in full), that acceptance will not: affect the due date of any other payment due under this Agreement, act as an extension of time or a waiver or satisfaction of any payment or amount then remaining unpaid, or modify any of our rights under this Agreement. Any conditional check, money order or any other instrument tendered with a restrictive endorsement or as full satisfaction of a disputed debt to us must be sent in writing to GME Supply, 1801 Westfall Dr, Columbia, MO 65202 and must conspicuously state on the face of the instrument or in an accompanying letter that it is tendered for this purpose. If you make payment in any other way and we accept it, we will not have waived our right to collect any amount from you owing under this Agreement.
Subject to the limitations of applicable law, we may declare that you are in default under this Agreement if you (a) fail to make a payment when due under this Agreement; (b) violate any other term of this Agreement or provide any information that is incorrect, incomplete or misleading in connection with this Agreement; (c) change your business form or there is a change in control of your business; (d) dissolve or cease to do business; or (e) become the subject of bankruptcy or insolvency proceedings. If you are in default, we may exercise any or all rights and remedies available under law, equity or as provided herein, including, without limitation, requiring immediate and full payment of all outstanding amounts.
In the event that you breach or default under the terms of this Agreement, you will be liable to us for all costs and expenses we incur in enforcing our rights hereunder, including late charges and fees and reasonable attorney fees or other costs of collection. THIS AGREEMENT AND YOUR ACCOUNT ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSOURI (WITHOUT REGARD TO INTERNAL PRINCIPLES OF CONFLICTS OF LAW). Any claim, suit or cause of action you institute against us arising out of or relating to this Agreement must be filed exclusively in the State or Federal Courts within the State of Missouri. In the event of a default under this Agreement, we may institute suit against you either in the State or Federal Courts within the State of Missouri or in the jurisdiction in which you are geographically located or conduct business. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION HEREAFTER BROUGHT AND RELATED IN ANY WAY TO THIS AGREEMENT AND YOUR ACCOUNT.
UNDER ANY THEORY OF LAW OR EQUITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES for any claim arising out of or relating to this Agreement.
This Agreement, together with any application you submitted in connection with the Account (which is hereby incorporated by reference in this Agreement), constitutes the entire agreement between you and us relating to your Account and supersedes any other prior or contemporaneous agreement between you and us and/or our predecessors relating to your Account. We may amend this Agreement, including to impose additional or different fees or to change the terms of your Account, by giving you 15 days advance notice thereof; provided, however, we may suspend or terminate your Account or change your credit limit without any notice to you (as described in more detail above). This Agreement may not otherwise be amended. We may sell, assign, or transfer all or any portion of your Account or any balances due under your Account without prior notice to you.
Foreign Principal Party in Interest; Freight Forwarder and Documentation.
It is specifically agreed that Customer shall be the foreign principal party in interest (“FPPI”) and/or that its freight forwarder shall act as Customer's agent in such capacity for purposes of the Foreign Trade Regulations or other regulatory purposes, and Customer and its freight forwarder are responsible for all routed export transactions documentation, including but not limited to the filing of the required Electronic Export Information/Automated Export System records. At GMES LLC’s request, Customer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by Customer or its freight forwarder related to sales to Customer by GMES LLC. In the event a license is required for export from the U.S., then (i) GMES LLC reserves the right to select its own freight forwarder to facilitate and file the export license; or (ii) the FPPI will provide GMES LLC written notice that it expressly assumes responsibility for determining licensing requirements and obtaining the license, thereby making the U.S. agent of the FPPI the exporter of record for purposes of meeting EAR requirements.
Country of Importation and Anti-diversion.
Customer represents that it is purchasing products from the U.S. and importing them to the country for the use of the ultimate consignee specified in the Customer and GMES LLC documentation. Customer agrees that the products will not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations. Any commodities, technology and software will be exported from the U.S. in accordance with the U.S. Export Administration Regulations and other applicable laws or regulations. Diversion contrary to U.S. law is prohibited. If requested by GMES LLC, Customer shall provide documentation satisfactory to GMES LLC verifying delivery at the designated country, the identity of end users ordering products from Customer and the terms and conditions upon which such end users request products to be supplied. Customer further agrees to inform GMES LLC at the time of order of any North American Free Trade Agreement or other special documentation, packaging or product marking or labeling, but GMES LLC shall not be responsible for providing any such documentation, packaging, marking or labeling other than such documents that are necessary under U.S. export laws and regulations for export, unless GMES LLC expressly agrees to do so.
For terms and conditions related to shipping and returns, see www.gmesupply.com/shipping.
The Terms and Conditions on this page were last updated on February 6, 2020 and replace all previous versions. We may update this page as we see fit, so check for updates.