TERMS OF SERVICE

TERMS AND CONDITIONS OF SALE

 

GREEN MOUNTAIN ELECTRIC SUPPLY, INC. 

GMES AND ITS AGENTS. For all sales, “GMES” shall mean Green Mountain Electric Supply, Inc., a Vermont corporation. Wherever GMES’s signature or approval is required, it must be by an Officer of GMES. GMES’s agents, employees, and representatives have no authority to bind GMES to any agreement, arrangement, affirmation, waiver, representation, or warranty inconsistent with these Terms and Conditions, unless expressly agreed to in writing by an Officer of GMES or otherwise approved by duly authorized corporation action. Subject to the foregoing, it is agreed that either party may communicate with the other by electronic means, and each party agrees when electronic communications are used, they are deemed to be the equivalent of written and signed documents.

GENERAL AGREEMENT. These Terms and Conditions shall supplement and are hereby incorporated by reference in every purchase agreement, order form, sales agreement, estimate, quotation, or other agreement (each an “Agreement”) entered into between GMES and the party acquiring products or services from or through GMES (“Buyer”). In the event of any conflict or inconsistency between these Terms and Conditions and any Agreement, these Terms and Conditions shall govern unless such Agreement expressly states an intent to the contrary. No additional or different terms shall apply (whether a part of Buyer’s purchase order or other communication from Buyer) unless expressly agreed to in writing by an Officer of GMES or by another person duly authorized by enforceable corporate action. Any acceptance by Buyer with additional or different terms proposed in the acceptance shall be deemed a rejection of GMES’s offer and construed as a counteroffer, and no binding Agreement shall come into existence without the explicit written consent of GMES to such counteroffer made by an Officer of GMES. Unless agreed to in writing, any attempt to vary any of these Terms and Conditions shall be deemed a material alteration and of no force or effect. Notice is hereby given that GMES objects to any different or additional terms and that such different or additional terms shall not be binding upon it. Acceptance of or payment for any of the goods constitutes Buyer’s agreement to these Terms and Conditions. Buyer’s issuance of an order in response to an estimate or quotation shall be deemed an acceptance of these Terms and Conditions. All orders received are subject to initial acceptance by GMES and subsequent credit approval. GMES may reject any order in its sole discretion. Orders received by facsimile, website or e¬mail require written acceptance. In the event Buyer requests a modification or change to specifications, quantity or time of delivery or performance, such request will be acceptable only upon written approval by GMES.

ACCEPTANCE OF INVOICE. Buyer will be conclusively deemed to have accepted and agreed to any invoice from GMES (including but not limited to the price, quantity, quality, and description of the goods as stated on the invoice and any and all terms, provisions, conditions, agreements, representations, and warranties on the invoices), unless GMES receives written objection to the invoice from Buyer in good faith within 10 days after the date the invoice is sent to Buyer. Written objection must be sent by letter to GMES at its main office at 356 Rathe Road, Colchester, Vermont, 05446 by registered or certified mail specifying the nature of the objection. Buyer’s compliance with these conditions precedent shall not constitute an admission by GMES of the merits or amount of Buyer’s objection. Unless the cancellation is due to a default by GMES, once an order is placed with and accepted by GMES pursuant to an Agreement, the order cannot be cancelled, unless GMES consents in writing in its discretion. If an order is cancelled, Buyer shall, within 10 days of any such cancellation, reimburse GMES for any cost and expense it incurs as a result of such cancellation, including, without limitation, out of pocket expenses, cancellation or restocking fees.

DELIVERY; LEAD TIMES Shipping and delivery dates and lead times set forth in any Agreement or given in advance of actual shipment or delivery are estimated only. Buyer agrees and acknowledges that GMES shall not be liable for failure to perform or delay in performance resulting from manufacturer delay, unavailability of materials or goods, fire or other casualty loss, war, riot, act of terrorism or revolutions, labor difficulties, embargo, transportation problems, accidents, breakdown of machinery, interruptions or delays in the usual source of supply, governmental action or regulation, or any other cause, contingency or circumstance, within or outside the United States, not subject to GMES’s control; any of which shall, without liability, excuse GMES from the performance of the applicable Agreement. All direct shipments are F.O.B. point of shipment, and each shipment or delivery shall be considered a separate and independent transaction. Responsibility for filing claims with the manufacturer or carrier, as the case may be, rest with the Buyer. Invoices generated for shipments made by GMES vehicle or third party carrier, or for pick-up by Buyer, shall be deemed to be evidence of delivery. Orders will be considered complete upon shipment of a reasonable quantity over or under the amount specified in the order when it is impractical to produce the exact quantity ordered. Normal tolerances in specifications shall be acceptable.

ACCEPTANCE OF GOODS. Buyer shall make an examination of any goods delivered hereunder immediately upon its receipt. Buyer’s failure to: (1) give written notice to GMES of any rejection or claim for non-compliance with the Agreement; and (2) provide a copy of the signed bill of lading to GMES indicating that the goods were short or damaged within 10 days; after the receipt of such goods shall constitute Buyer’s unqualified acceptance of such goods and a waiver by Buyer of all claims with respect thereto including any right to revoke acceptance. Upon acceptance, Buyer assumes all risks and liability for the results obtained in its business by the use of any goods delivered or by the use of such goods in combination with other goods. In no event may Buyer set¬off payment for any rejected or revoked acceptance goods against payment due on goods accepted. No claims shall be allowed for wire or cable once cut by Buyer.

SINGLE BREACH BY BUYER. Each shipment shall be treated as a separate and independent contract with respect to forwarding and terms of settlement. However, if Buyer defaults in the payment of any amount due under the applicable Agreement, GMES may, without prejudice to other lawful remedies, immediately place the account on hold and defer further performance until the defaulted payments are made, or, on three days’ written notice to Buyer, may either make future deliveries against the Agreement for cash in advance only, or treat the entire Agreement as materially breached by Buyer and pursue its remedies for such breach.

AUTHORIZATION OF BUYER AND BUYER’S AGENTS. In consideration of GMES selling goods to Buyer, the person signing any such Agreement, or acceptance of the Agreement, on behalf of Buyer represents and warrants that he or she is authorized to sign on behalf of Buyer and bind Buyer to the Agreement. The parent company, if any, of Buyer also guarantees performance of the Agreement, including payment by Buyer. The person signing and Buyer warrant that the information given to GMES is true and correct in all respects.

PAYMENT. Unless there is an express written agreement between GMES and Buyer specifying different payment terms, GMES invoices will be due on the tenth (10th) day of the month following the date the invoice is sent to Buyer. All payments must be received on the foregoing date (or such other time period as we may mutually agree in writing). There is no grace period, and Buyer’s account may be automatically placed on hold if payment is not received within the period provided by these Terms and Conditions. Buyer must ensure that payments are processed and mailed on time to meet these requirements. GMES is not responsible for any losses or damages that Buyer may incur due to suspension or termination of any account or Agreement as a result of Buyer’s failure to make timely payment of all outstanding invoices. Unless indicated otherwise on the invoice or statement, all payments should be made payable to: Green Mountain Electric Supply, Inc. and sent to the following address: 356 Rathe Road, Colchester, Vermont, 05446. Buyer’s obligation to pay GMES for the goods and services provided are not conditioned upon Buyer obtaining acceptance or approval from any third party (e.g. lenders, contractors, project managers, bondholders, insurance companies, owners) or receiving payment from any third party (e.g. “retainage” amounts, insurance or bond proceeds, or “pay-when-paid” contract agreements).

TAXES. The prices for goods do not include any sales, use or other taxes or charges payable to state or local authorities. Buyer shall be responsible for and shall pay all federal, state and local sales, use, property, excise, freight or other taxes imposed on or with respect to the goods, except taxes levied on GMES’s net income with respect to such goods. To the extent that such taxes do not appear as an itemized charge, Buyer certifies that the sale of the goods is exempt from such taxes and Buyer assumes the liability for any such tax which may be found to be due, and agrees to indemnify and hold GMES harmless with respect thereto.

SERVICE CHARGES. Invoices that are not paid on or before the last day of the month following the month in which the invoice is sent to Buyer are subject to interest from the due date until paid at the lesser of 1.5% per month (18% per annum), or the highest rate permitted by applicable law.

SECURITY INTEREST. In addition to any security interest granted by the Uniform Commercial Code, Buyer grants GMES a security interest in all goods, equipment, proceeds, and products from the same to secure all obligations of the Buyer to GMES pursuant to an Agreement. Buyer authorizes GMES to file, without any further approval or consent from Buyer, financing statements evidencing the security interest granted hereby. In case of a default by Buyer under the Agreement, GMES may, and Buyer shall permit GMES to, peaceably enter the premises of the Buyer to repossess and remove all goods in which it has a security interest at any reasonable hour and upon reasonable notice. Buyer shall not interfere with, inhibit or prevent GMES’ efforts to accomplish the same. Buyer shall not sell, exchange, transfer, or grant a security interest in any goods, equipment, proceeds or products which are subject to these Terms and Conditions if payment for same has not been made in full to GMES.

RETURNS. In no case are goods to be returned without first obtaining GMES’s permission. In the event GMES provides any such permission, Buyer shall pay the costs of return of any goods and shall use its best efforts to ensure that all packaging materials that GMES supplies are maintained in suitable storage areas to protect them from damage, including, without limitation, from forklifts and weather. Goods must be securely packed to reach GMES without damage. Goods accepted for credit may be subject to a service charge plus all transportation charges. Credit for returned goods will be allowed only to the extent agreed to in writing by a duly authorized representative of GMES and no application for credit will be processed unless Buyer provides the original invoice number and date. Returned merchandise may be subject to a reasonable handling and restocking charge. Buyer understands and agrees that any order pursuant to an Agreement cancelled, returned, or postponed for goods that are dedicated, special, or specific to the Buyer or that is not normally a stocked item and/or quantity ordered exceeds GMES’s normal on-hand inventory level will be subject to a cancellation, handling, return, or restocking charge of up to 100% of the value as determined by GMES. Buyer also shall be fully responsible for, and may not return, all goods that are specially designed, modified or manufactured specifically for Buyer or otherwise not returnable under GMES's or manufacturer's return policy, which are on hand at GMES, work in process, in transit or on back order.

EXTRA EXPENSE. No labor expense or other charges will be accepted by GMES as a result of the use or modification of any of the goods sold hereunder, unless approved in writing by a duly authorized representative of GMES prior to the incurring of such expense.

WARRANTIES. Because GMES sells goods that it does not manufacture, GMES makes no warranties or representations, express or implied, unless otherwise set forth herein, including warranties and representations as to non-infringement, workmanship, performance, quality, durability, fitness for a particular purpose, suitability or merchantability for any goods sold. This disclaimer is for all liability including liability in contract, in tort or otherwise for incidental, consequential, special damages, or any loss or damage, whether to property or injury to persons, whether foreseeable or not foreseeable, resulting, directly or indirectly, from the use or loss of use of any good sold. GMES agrees to assign and pass-through to Buyer any warranties expressly provided by the manufacturer of the goods purchased, if any, which shall be Buyer’s exclusive rights of warranty. Buyer’s remedies are subject to any limitations contained in the manufacturer’s terms and conditions to GMES. If there is no warranty provided by the manufacturer, then the goods are sold “as is.” GMES does not install any goods that it sells. If a good sold by GMES later becomes subject to a manufacturer’s recall, the recall will occur strictly in compliance with the manufacturer’s recall and sales policies, and GMES will not be liable or responsible to install any replacement goods or provide any additional goods or services. While GMES may provide manufacturer warranty information, it does not warrant or guarantee any such delivery or advice. The parties affirmatively acknowledge and agree that the goods sold hereunder are not intended for use in or in connection with a nuclear facility. Without limiting the generality of the foregoing, GMES makes no representation whatsoever with regard to whether any goods or products comply with the Occupational Safety and Health Act (OSHA), the Americans with Disabilities Act (ADA), the Consumer Products Safety Act, or any other federal, state, or local statute, law, or ordinance, or the rules and regulations issued thereunder.

NO CERTIFICATION: GMES makes no certification and hereby disclaims any representation or warranty relating to the country of origin of the assembly, source, manufacture or sale of the goods and any of their components or their compliance with any requirements of Buyer, Buyer’s customers or any federal, state local or other law, regulation, program or guideline relating thereto.  GMES is selling the goods on an "as is" basis and subject solely to the warranty terms herein set forth.

LIABILITY. GMES SHALL HAVE NO LIABILITY WITH RESPECT TO THE GOODS FOR SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF OR CONNECTED WITH THE SALE OF GOODS OR THESE TERMS AND CONDITIONS. In addition to the assignment of manufacturer warranty stated above, Buyer’s exclusive remedy for any claim against GMES is for GMES, at its option, to repair or replace the non-conforming goods, or for GMES to request return of the goods and tender to Buyer the purchase price paid upon redelivery, subject to the terms hereof. THE REMEDIES OF BUYER AS SET FORTH HEREIN ARE EXCLUSIVE, AND THE LIABILITY OF GMES WITH RESPECT TO THE SALE OF ANY GOODS, THESE TERMS AND CONDITIONS OR ANY CONTRACT OF SALE OR ANYTHING DONE IN CONNECTION THEREIN, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, INDEMNITY OR UNDER ANY LEGAL THEORY, WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF THE GOODS ON WHICH SUCH LIABILITY IS BASED.

LIMITATION OF ACTIONS. No action for breach of any term of sale or any other duty of GMES with respect to goods or services may be commenced more than one year after the delivery of the goods to Buyer.

TIME OF PERFORMANCE. Buyer’s failure to make any payment when due or Buyer’s filing of bankruptcy shall constitute a default. The time of performance under any agreement, in the absence of specific provision, shall be the usual standards of the trade in the immediate commercial area of GMES’s place of business.

ASSIGNMENT. No right or obligations hereunder of Buyer shall be assigned to, or assumed or performed by, a third party without the prior written consent of GMES, and any purported assignment or assumption without such consent shall be void.

APPLICABLE LAW. The validity, construction and performance of any agreement will be governed by the laws of the State of New York without regard to conflicts of laws principles thereof and these Terms and Conditions are deemed to have been drafted in the State of New York. In the event of litigation in court, Buyer agrees and hereby submits to the exclusive personal jurisdiction and venue of the state and federal courts situated in the County of Albany, State of New York and Buyer waives any objection or right to contest said jurisdiction or venue or that any such action or proceeding was brought in an inconvenient court; notwithstanding the foregoing, although GMES waives any objection or right to contest jurisdiction  or venue in the state and federal courts situated in the County of Albany, State of New York for a claim brought by Buyer, GMES hereby reserves the right to commence litigation in any other jurisdiction or venue, at its sole election. Except as otherwise expressly provided in a written agreement or these Terms and Conditions, and unless the context requires otherwise, the provisions of Article 2 of the New York Uniform Commercial Code will control as to all aspects of these Terms and Conditions and their interpretation, and that all the definitions contained therein will apply. In the event that GMES initiates collection proceedings for amounts due to it, Buyer agrees that it will be liable for all collection and other costs incurred by GMES including, but not limited to, reasonable attorneys’ fees whether or not litigation is commenced.

 

PATENTS. If any goods shall be sold by GMES to meet Buyer’s particular specifications or requirements and is not part of GMES’s standard line offered by it to the trade generally in the usual course of GMES’s business, Buyer shall hold GMES harmless from, and release and not make claim or suit against GMES because of, any suits, claims, losses, or other liability made against, or suffered by, Buyer arising from any claim of infringement of patent, copyright, trademark, or other proprietary rights, at common law, or claim of unfair trade or of unfair competition, resulting from, or occasioned by, Buyer’s use, possession, sale, or delivery of the goods sold to Buyer by GMES.

SAFETY DATA. From time to time, GMES may furnish to Buyer Safety Data Sheets ("SDS") and/or other information relating to health, safety and environmental data as required by law ("Other HSSE Information") provided by the manufacturer in connection with certain goods delivered hereunder. It is Buyer's responsibility to comply with the requirements and recommendations contained in the SDS and the Other HSSE Information with respect to the handling, use and disposal of such goods as provided therein and to supply GMES with such information required by the manufacturer for compliance purposes.

NON-WAIVER BY GMES. Waiver by GMES of a breach of any of these Terms and Conditions shall not be construed as a waiver of any other breach. GMES’s acceptance of less than full payment shall not be a waiver of any of its rights.

WAIVERS BY BUYER. Buyer waives demand, notice, protest, notice of acceptance of this agreement, notice of credit extended, notice of collateral delivered or received, and all other notices.

CHANGE OF TERMS AND CONDITIONS: Buyer acknowledges and agrees that GMES may change any term or part of these Terms and Conditions as to open accounts by sending Buyer a written notice at least 10 days before the change is to become effective. If Buyer does not agree to this change, Buyer must notify GMES within 10 days after the effective date of the change, in which case Buyer’s accounts will be closed and must pay GMES any outstanding invoices under the existing terms of the unchanged Terms and Conditions for such business accounts. Placement of a new order after the effective date of any change shall be deemed acceptance of the new Terms and Conditions, even if the aforementioned 10 days have not yet expired.

NOTICES. All notices, requests, consents and other communications required or permitted under these Terms and Conditions shall be in writing and shall either be sent by (1) overnight courier, (2) by U.S. Mail registered or certified, postage prepaid, or (3) transmitted by facsimile or e-mail if confirmed by such mailing or delivery. In each case notice shall be delivered to Buyer and GMES at their respective addresses on file. Either party may change its address by written notice to the other.

ACCURACY OF CATALOGS, WEBSITE AND BROCHURES (Please read the following Disclaimer before using any of GMES's catalogs, website and brochures.): The product information, specifications, and descriptions contained in GMES's catalogs, website, brochures or other product descriptions have been compiled for the use and convenience of the customers of GMES from information furnished by various manufacturers. GMES cannot and does not accept any responsibility for the accuracy or correctness of any representation, description, calculations, specification or information contained therein. GMES is selling the goods illustrated and described therein on an "as is" basis and subject to the warranty terms herein set forth.

ENTIRE AGREEMENT. These Terms and Conditions and, if applicable, those set forth in any acceptance of counteroffer signed by an officer of GMES, shall constitute the entire agreement between the parties with regard to the subject matter. The parties shall not be bound by any agent’s or employee’s representation, promise, or inducement not set forth in these Terms and Conditions or the signed Agreement. No course of prior dealings between the parties and no usage of trade shall be relevant or admissible to supplement, explain, or vary any of these Terms and Conditions. Acceptance of or acquiescence in a course of performance rendered under this or any prior agreement shall not be relevant or admissible to determine the meaning of these Terms and Conditions even though the accepting or acquiescing party has knowledge of the nature of the performance and an opportunity to make objection. No representations, understandings or agreements have been made or relied upon in the making of the agreement other than those specifically set forth herein. These Terms and Conditions can only be modified by a writing signed by the parties hereto or their duly authorized agents.

TERMS AND CONDITIONS RECEIPT. BUYER AGREES TO AND ACKNOWLEDGES RECEIPT OF THESE TERMS AND CONDITIONS WHETHER HAND DELIVERED OR THROUGH VIEWING ONLINE AT www.gmes.com, where copies of the Terms and Conditions are available.

 

Revision: Approved February 14, 2024

Privacy Policy

Introduction

Green Mountain Electric Supply, Inc., its subsidiaries and affiliates (“GMES” or “we”) respect the privacy of every individual who visits the GMES Web Site ("Site") or provides information to us over the Internet. This Privacy Statement (“Statement”) outlines what information GMES will collect and how we will treat the information.

This policy applies to information we collect:

• on this Website.
• in e-mail, text and other electronic messages between you and this Website.
• through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
• through online product registrations, by phone, registration cards or any other means through which you provide us information.

It does not apply to information collected by:

• any other means, including on any other website operated by Company or any third party; or
• any third party, including through any application or content (including advertising) that may link to or be accessible from the Website

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be your acceptance of those changes, so please check this policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not provide any information on this Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

• by which you may be personally identified, such as name, postal address, e-mail address, telephone number, product information, age, income or ANY OTHER INFORMATION THE WEBSITE COLLECTS THAT IS DEFINED AS PERSONAL OR PERSONALLY IDENTIFIABLE INFORMATION UNDER AN APPLICABLE LAW ("personal information");
• that is about you but individually does not identify you; and
• about your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• directly from you when you provide it to us.
• automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information You Provide to Us.

The information we collect on or through our Website may include:

• information that you provide by filling in forms on our Website. This includes information provided at the time of posting material or requesting further services from GMES or its distributors. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
• records and copies of your correspondence (including e-mail addresses), if you contact us.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

• details of your visits to our Website, including traffic data, and other communication data and the resources that you access and use on the Website.
• information about your computer and internet connection, including your IP address, operating system and browser type.

The information we collect automatically is statistical data and may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and products, and to deliver a better and more personalized service, including by enabling us to:

• estimate our audience size and usage patterns.
• store information about your preferences, allowing us to customize our Website according to your individual interests.
• speed up your searches.
• recognize you when you return to our Website.
• improve our products.
• improve our ability to service and sell our products.

The technologies we use for this automatic data collection may include, without limitation, cookies, or browser cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• to present our Website and its contents to you.
• to provide you with information, products or services that you request from us.
• to fulfill any other purpose for which you provide it.
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• to notify you about changes to our Website or any products or services we offer or provide though it.
• to improve our products.
• to improve our ability to service, market and sell our products.
• in any other way we may describe when you provide the information.
• for any other purpose with your consent.

We may also use your information to contact you about our own goods and services that may be of interest to you. If you do not want us to use your information in this way, you may unsubscribe at any time.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy:

• to our subsidiaries and affiliates.
• to contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of GMES's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by GMES about our Website users is among the assets transferred.
• to fulfill the purpose for which you provide it.
• for any other purpose disclosed by us when you provide the information.
• with your consent.

We may also disclose your personal information:

• to comply with any court order, law or legal process, including to respond to any government or regulatory request.
• to enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of GMES, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Accessing and Correcting Your Information

You may also send us an e-mail to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our website terms of use.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail or write us at: Green Mountain Electric Supply, Inc., 356 Rathe Road Colchester, VT 05446, Attn: Privacy Notice.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Green Mountain Electric Supply, Inc.

356 Rathe Road Colchester, VT 05446

Attn: Privacy Notice
customerservice@gmes.com
(802) 338-9336

 

 

Terms & Conditions

Your access to and use of the Green Mountain Electric Supply, Inc. web site ("Site") is subject to the following Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and Green Mountain Electric Supply, Inc. ("GMES") are superseded and, have no force or effect.

Use of Information

You may view the Site and print individual pages from the Site for your use in learning about, evaluating, or acquiring GMES's products or services, provided that you agree to and accept without modification the Terms and Conditions set forth in this Legal Notice. You, or anyone acting on your behalf, may not modify, copy, reproduce, display, distribute, reuse, transmit, publish, license, create derivative works from, transfer or sell any information, including text, images, audio and animation from the Site without written permission from GMES.

No permission is granted within this Notice to you to use GMES names, images or logos, site addresses or other means to hyperlink other Internet sites with any page in the Site.

Intellectual Property

Everything you see or read on the Site shall be considered GMES's intellectual property and is protected unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the express written permission of GMES. The GMES names, logos and all related product names, service names, design marks and slogans displayed on the Site are trademarks, service marks or other intellectual property of GMES and may not be used in any manner without the express written consent of GMES. Nothing on the Site shall be construed as granting, by implication, or otherwise, any license or right to use any intellectual property at the Site. Any failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.

Revisions

GMES maintains the Site for your information, education and evaluation of GMES products or services. The content of the Site may contain inadvertent inaccuracies, omissions and typographical errors. GMES makes no warranties or representations about the accuracy or completeness of the Site content. GMES reserves the right to improve, revise and correct the Site, in whole or in part, at any time without notice. GMES expressly disclaims all liability for the use or interpretation by others of information contained in the Site. Any user who utilizes or makes decisions based on information contained in the Site does so at their own risk. In exchange for using the Site, the visitor agrees to hold GMES harmless against any claims or damages arising from the use of the Site and from any decisions that the visitor makes based on such information.

GMES may, at any time, revise these Terms and Conditions of Use for the Site by updating this posting. By using the Site, you agree to be bound by any such revisions and should periodically visit this page to review the current Terms and Conditions of Use to which you are bound.

Disclaimer of Warranty

GMES does not warrant or make any representations regarding the use, validity or accuracy of the content of the Site or any other web site linked to or from the Site. The materials and information on the Site are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. GMES shall not be liable for: any indirect, special, consequential or incidental damages including, without limitation, lost profits or revenues, costs or replacement goods; loss or damage to data arising out of the use or inability to use the Site, any other hyperlinked web site, or any GMES product; or damages resulting from the use of or reliance on the information presented by the Site, even if GMES has been advised of the possibility of any of the foregoing categories of damages.

Some jurisdictions do not allow the exclusion of consequential damages, so the above exclusion may not apply to you. GMES assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Links

GMES has not reviewed any or all of the Internet sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Access to any other Internet site linked to the Site is at the user's own risk and GMES is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. GMES provides links from the Site merely as a convenience and the inclusion of such links does not imply an endorsement by GMES of these sites.

Linking to this Site

All links to this Site must be approved in writing by GMES. GMES will consent to a link to this Site only if the link and its associated pages do not: (a) misrepresent your relationship with GMES; (b) imply that GMES approves or endorses your Web site, or your service or product offerings; and (c) present false or misleading impressions about GMES or otherwise damage the goodwill associated with the GMES name or trademarks.

Employment

GMES also may make employment information available through the Site. GMES is an equal opportunity employer and provides equal employment opportunity to qualified persons without regard to race, religion, sex, national origin, age, veteran status or disability. GMES's policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, layoff, recall, termination, pay rate, employee benefits and participation in all company sponsored employee activities. All positions stated on this Site may or may not be filled, and will be updated periodically.

Severability

The illegality or unenforceability of any provision of relevant terms and conditions, policies and notices shall not affect the validity and enforceability of any remaining provisions hereof.

Forum Selection / Applicable Law

Use of this Site shall in all respects be governed by the laws of the State of Vermont, United States without reference to the principles of conflicts of law. User expressly agrees that any suit brought relating to use of this website shall be brought in a court of competent jurisdiction located in the State of Vermont, United States.