Terms & Conditions
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.
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Our customers accept the Terms and Conditions at the point of purchase.
To report a suspicious email that uses GME Supply’s name, immediately forward it to [email protected] or call our customer service team at 800-940-6762, Monday-Friday 7 am – 7 pm CST.
GME Supply warrants that all goods sold are free of any security interest and will make available to Buyer all transferable warranties (including without limitation warranties with respect to intellectual property infringement) made to GME Supply by the manufacturer of the goods. GME SUPPLY MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE.
LIMITATION OF LIABILITY
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 logo, “Climb Higher,” and “America’s Premier Outfitter” 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.
The GME Supply Account is issued by, and credit is extended by, GME Supply, 1801 Westfall Dr, Columbia, 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.
The Terms and Conditions on this page were last updated on August 6, 2015 and replace all previous versions. We may update this page as we see fit, so check for updates.