Gamut Standard Sales Terms and Conditions

Sales Policy

1. Prices.

Prices listed are wholesale, do not include shipping, handling fees, taxes, and/or duties, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions.

2. Sales Tax.

You are responsible for payment of all applicable state and local taxes, or for providing a valid sales tax exemption certificate.

Exempt purchasers need to provide a copy of a state resale certificate, exemption certificate, or other acceptable proof of your exempt status for the state where the items will be shipped.

The documentation submitted should include name of the organization that purchased the items.

To qualify for tax exempt purchases, you will need a business account and proof of your organization’s tax exempt status.

To submit your documentation, please send an email to support@gamut.com

How to submit this information:

After you have placed your order and received your shipment confirmation, please submit a scanned copy of your tax exempt status certificate with your business account number to support@gamut.com to receive a refund of any sales tax.

When submitting a request for tax exemption, please also include:

  • Your order number
  • Email address
  • Acceptable proof of your exempt status (as outlined above)
  • The name of the organization that purchased the items
  • Mark your email "Tax Exemption Request"

Orders can be placed without all the tax exemption documents submitted. Place the order as usual, and once you receive the necessary documents, submit all information to support@gamut.com for a refund of taxes.

3. Payment and Credit Terms.

For customers with established Gamut credit, payment terms are net thirty (30) days from the date of shipment or pick up. All credit extended by Gamut to customer, and the limits of such credit, is at Gamut’s sole discretion, and may be reduced or revoked by Gamut at any time, for any reason. Gamut reserves the right to charge a convenience fee for late payments. Gamut further reserves the right to charge customer a late payment fee at the rate of one and one half percent (1-1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such lesser amount as may be permitted under applicable law. Anticipation and cash discounts are not allowed. All payments must be made in U.S. dollars. Gamut shall have the right of set off and deduction for any sums owed by customer to Gamut.

To apply for credit, please call Gamut at 844 GO GAMUT (844.464.2688).

Please have the following information ready:

  • Your company’s business name, address, and Gamut account number, if available
  • Your Accounts Payable contact, address, and phone number
  • An email address where your invoices can be sent
  • Your company’s Dun & Bradstreet Number, if available

Net 30 terms are for business customers only. Requests for net 30 terms will be reviewed and approved by the Gamut Credit Department. Net 30 terms are not guaranteed to all businesses.

Please send all Open Account payments to:

Gamut
PO BOX 480778
Niles IL 60714-0778

All checks should be payable to Gamut Supply LLC

If customer fails to make payment within thirty (30) days of shipment or pick up, or fails to comply with Gamut’s credit terms, or fails to supply adequate assurance of full performance to Gamut within a reasonable time after requested by Gamut (such time as specified in Gamut’s request), Gamut may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.

Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates. Each of customer’s subsidiaries and affiliates purchasing from Gamut will be jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.

Security Interest.

Customer hereby grants to Gamut a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Gamut. Customer agrees to file, and it permits and authorizes Gamut to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of Gamut’s lien or security interest.

Credit Balance.

Customer agrees that any credit balance(s) issued by Gamut will be applied to customer’s account within one (1) year of its issuance.
IF CUSTOMER HAS NOT APPLIED FOR OR REQUESTED THE CREDIT WITHIN ONE (1) YEAR, ANY REMAINING CREDIT BALANCE(S) WILL BE SUBJECT TO CANCELLATION, AND GAMUT SHALL HAVE NO FURTHER LIABILITY.

4. Gamut reserves the right to accept or reject any order.


5. Note to Federal Customers:

Gamut products are not offered through a GSA scheduled contract.

6. All items are sold for domestic consumption in the United States.

If exported, purchaser assumes full responsibility for compliance with US export controls.

Shipping Policy

A $4.99 shipping and handling fee is charged on orders totaling less than $99 before tax and shipped to one address within the continental United States. No shipping and handling is charged to customers for standard ground delivery on orders of $99 or more before tax.

UPS is our primary parcel carrier and we use a variety of carriers for LTL shipments.

Title and risk of loss pass to customer upon tender of shipment to carrier.

Shipping Policy Exceptions

Not all products qualify for the above Shipping Policy. Any charges incurred for hazardous materials or other special handling by the carrier must be paid by the customer. Fuel surcharges may be applied.

Gamut only accepts orders for shipments within the continental US, Alaska and Hawaii. Orders to international destinations will not be processed. Gamut does not ship to PO Box addresses.

Expedited Shipping Rules

For expedited shipments to go out the same day, Gamut must receive your order before 3pm Central Time, Mon-Fri. Any orders placed after 3pm Central Time, Mon-Fri or on Sat/Sun/Holidays will be processed on the next business day. Gamut does not offer Saturday delivery. All expedited orders must weigh less than 150 lbs, and not contain any hazardous materials. If you have any questions please call our customer service department at 844 GO GAMUT (844.464.2688).

3rd Party Shipping

Items shipping from the manufacturer: Please refer to the item page on Gamut.com for shipping lead times as they vary. Expedited shipping is NOT available for third party items.

You will receive an email when your order is shipped with a tracking number that links to the UPS website.

Return Policy, Limited Warranty, and Limitation of Liability

1. 30 Day Satisfaction Guarantee.

If you are not satisfied for any reason products may be returned within 30 days of shipment for a full credit or exchange (provided the product is undamaged).

Returned items must be in the original packaging.

To obtain a pre-paid shipping label and a return authorization, please contact Gamut’s Customer Service Department at 844 GO GAMUT (844.464.2688). Our customer service hours are 7am-7pm Central Time, Mon-Fri.

Include a copy of the original packing slip with your return authorization as proof of purchase.

Returns received at Gamut without a return authorization may be assessed a 15% restocking (processing) fee that will be deducted from any credit due.

2. Business Customers’ Limited Warranty.

Gamut warrants any product purchased for use in business or resale against defects in workmanship or materials under normal use for a period of one year from the date of purchase. Any product determined by Gamut to be defective in material or workmanship and returned to Gamut will, at Gamut option, be repaired or replaced or the purchase price refunded.

3. Warranty Disclaimer and Limitation of Liability.

DISCLAIMER AND LIMITATIONS.
ALL OTHER WARRANTIES TO ANY BUSINESS CUSTOMER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE SPECIFICALLY DISCLAIMED, EXCEPT WHERE PROHIBITED BY STATE LAW.

LIMITATION OF LIABILITY.
GAMUT EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. GAMUT’S LIABILITY IN ALL CIRCUMSTANCES IS LIMITED TO, AND SHALL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.

4. Manufacturer’s Warranty.

For information on a specific manufacturer’s warranty, please contact Gamut at 844 GO GAMUT (844.464.2688).

5. Product Compliance and Suitability.

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. Gamut does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Gamut 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.

6. Cross Reference Information.

Product cross reference comparisons do not imply that products are available or perfectly comparable. CROSS REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Customer shall review all cross referenced product specifications prior to purchase and use to determine suitability of the product for customer’s intended use.

Product Information

1. Catalog/Website Information.

Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to any Gamut catalog, literature or websites does not constitute the right to purchase products. Gamut 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 Gamut catalogs and websites. Gamut reserves the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from Gamut.

2. Product Substitution.

Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.

3. Occupational Safety and Health Administration (“OSHA”) Hazardous Substance.

Material Safety Data Sheets (“MSDS”) for OSHA defined hazardous substances are prepared and supplied by the manufacturers. GAMUT 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 RECOMMENDATIONS IN ANY MSDS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.

4. California Proposition 65.

The State of California requires that certain warnings be given concerning products subject to

Proposition 65. For products denoted with a symbol the following warnings apply:

  • Both Cancer and Reproductive Harm

    California Proposition 65
    Warning: This product contains a chemical known to the State of California to cause cancer.
    Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.

  • Only Cancer Warning

    California Proposition 65
    Warning: This product contains a chemical known to the State of California to cause cancer.

  • Only Reproductive Harm Warning

    California Proposition 65
    Warning: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm.

A complete list of Proposition 65 regulated chemicals is available by logging on to www.oehha.ca.gov

5. MSDS.

MSDS information is available upon request by calling 844 GO GAMUT (844.464.2688).

6. California, Louisiana, Maryland and Vermont Customers.

Regulations in CA, LA, MD and VT prohibit the introduction into commerce of any solder, flux, pipe, pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption that is not “lead free”. The maximum allowable lead content is 0.25 percent lead in wetted surfaces of pipes, pipe fittings, and plumbing fittings and fixtures, as determined by a weighted average. The maximum allowable lead content is 0.2 percent lead in solder and flux.

7. Product Compliance and Suitability.

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. Gamut does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does Gamut 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.

8. Conflict Minerals Policy Statement.

Introduction

As many supply chain participants and others have acknowledged publicly, the Dodd-Frank Act1 created a new expectation for product manufacturers, which may be far removed from the source of the raw minerals in their products.

Gamut is not a manufacturer. It distributes hundreds of thousands of branded and “value branded” products that are manufactured by thousands of other companies located around the world.

Gamut is committed to acting in a socially and environmentally responsible manner, to supporting the objectives of the Dodd-Frank Act, to meeting its customer commitments, and to supporting its customers’ businesses.

Because of the complexity of many supply chains, especially those of distributors like Gamut, and the lack of an established system for product manufacturers to track Conflict Minerals back to their source, the joint efforts over an extended period by many governments, industry groups, and companies will be required to make it possible to effectively trace Conflict Minerals back to their source.

This document sets forth the policy of Gamut regarding Conflict Minerals.

Overview

As a responsible company, Gamut supports the goal of the Dodd-Frank Act of preventing armed groups in the Democratic Republic of the Congo and adjoining countries from benefitting from the sourcing of Conflict Minerals from that region.

As a distributor of hundreds of thousands of branded and “value branded” products manufactured by thousands of other companies located around the world, Gamut is invariably many levels away from the beginning of the supply chain for the products it distributes.

This Policy shows Gamut’s commitment and its expectations for the manufacturers of products Gamut distributes regarding actions to address Conflict Minerals.

OUR COMMITMENT:

Not continue to source any product that contains Conflict Minerals if Gamut determines the product is not DRC Conflict Free and the manufacturer fails to implement reasonable steps to transition to DRC Conflict Free sources.2

  • 1 On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law. The Dodd-Frank Act and related 2012 U.S. Securities and Exchange Commission rules require certain companies to disclose whether the products they manufacture or contract to manufacture contain Conflict Minerals necessary for the production or the functionality of the products that are sourced from mines in the Democratic Republic of the Congo or adjoining countries. Conflict Minerals are tantalum, tin, tungsten and gold.
  • 2 Products are “DRC Conflict Free” if they contain only Conflict Minerals that did not originate in the DRC or an adjoining country, are from recycled or scrap sources, or have not benefitted the armed groups identified as perpetrators of the abuses that are the subject of the Dodd-Frank Act.

Commitment to Responsible Sourcing

Gamut distributes hundreds of thousands of branded and “value branded” products that are manufactured by thousands of other companies located around the world.

Gamut supports the humanitarian goals of the Dodd-Frank Act and encourages manufacturers of the products distributed by Gamut to adopt that same policy for their businesses.

As a distributor of products manufactured by other companies, Gamut does not directly purchase any raw Conflict Minerals from any source and is many levels removed from the mines, smelters, and refiners that produce the metals used in the products distributed by Gamut.

The supply chain for Conflict Minerals is complex and lacks an established structure for manufacturers to trace the minerals in the finished goods distributed by Gamut back to their source.

Gamut’s Expectations for Manufacturers

Gamut has the following expectations for the manufacturers of products Gamut distributes:

  • Manufacturers should develop Conflict Minerals policies, due diligence frameworks, and management systems that are designed to prevent Conflict Minerals that are not DRC Conflict Free from being included in the products distributed by Gamut; and
  • Manufacturers are expected to source Conflict Minerals only from sources that are DRC Conflict Free.

In doing so, manufacturers are expected to:

  • implement and communicate to their personnel and suppliers policies that are consistent with this Policy, and require their direct and indirect suppliers to do the same;
  • put in place procedures for the traceability of Conflict Minerals, working with their direct and indirect suppliers as applicable;
  • use reasonable efforts to source Conflict Minerals from smelters and refiners validated as being DRC Conflict Free, and require their direct and indirect suppliers to do the same;
  • provide information, in a timely manner, concerning whether the manufacturer has concluded or has a reasonable basis to believe that products distributed by Gamut are not DRC Conflict Free;
  • maintain reviewable business records supporting the source of Conflict Minerals; and
  • respond to requests for information concerning the origin of Conflict Minerals included in products distributed by Gamut, which Gamut shall be entitled to use or disclose in satisfying any legal or regulatory requirements or in any customer or marketing communications.

Manufacturers also are encouraged to support industry efforts to enhance traceability and responsible practices in Conflict Minerals supply chains.

Consequences of Manufacturer Non-Compliance

Gamut reserves the right to evaluate the extent to which a manufacturer has failed to take adequate steps to manufacture DRC Conflict Free products.

In the event Gamut determines that a manufacturer’s Conflict Minerals efforts have been deficient Gamut may discontinue distribution of the manufacturer’s products.

Reporting Mechanism and Inquiries:

Reports and inquiries regarding this Policy can be made as follows:

Reports concerning matters relating to this Policy can be made anonymously and will be kept confidential to the fullest extent practicable and allowed by law.

We will not take any retaliatory action against anyone making a report in good faith.

Manufacturers are encouraged to contact support@gamut.com if they wish to seek guidance on the application of this Policy.

Conclusion

Gamut fully understands the importance of this issue to its customers and is committed to supply chain initiatives and overall corporate social responsibility and sustainability efforts that work towards a DRC Conflict Free supply chain.

General Terms

1. Intellectual Property.

Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights reserved by Gamut, or any trademarks or service marks owned by suppliers to Gamut. All materials contained on the www.Gamut.com website are subject to the ownership rights of Gamut and its suppliers. Customer shall have no right to copy or use any of the intellectual property of Gamut or its suppliers without Gamut’s permission.

2. Force Majeure.

Gamut shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Gamut in the conduct of its business.

3. Assignment.

Customer shall not assign any order, or any interest therein, without the prior written consent of Gamut. Any actual or attempted assignment without Gamut’s prior written consent shall entitle Gamut to cancel such order upon notice to customer.

4. No Third Party Benefit.

The provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.

5. Waiver, Choice of Law and Venue.

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non performance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of Illinois, excluding its conflict of law rules, and venue shall either be in the state courts in Lake County, Illinois or the federal courts for the Northern District of Illinois.

6. Severability.

If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

7. Modification of Terms.

Gamut’s acceptance of any order is subject to customer’s assent to all of the terms and conditions set forth herein. Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of Gamut’s acknowledgment, or from customer’s acceptance of all or any part of the products ordered. No additions or modifications of Gamut’s terms and conditions by customer shall be binding upon Gamut, unless agreed to in writing by an authorized representative of Gamut. If a purchase order or other correspondence submitted by customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in Gamut’s acknowledgment, Gamut’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by customer, and will not constitute a waiver by Gamut of any of the terms and conditions contained herein or in Gamut’s acknowledgment.

8. Complete Agreement.

The terms and conditions in: (i) Gamut’s forms, (ii) acknowledgments, (iii) quotations, (iv) invoices, (v) websites, (vi) catalogs are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and Gamut.