Terms of Service
Last modified: December 2, 2020
Welcome to GMG!
Thanks for using our products and services (“Services”). The Services are provided by Dagobert Solutions LLC (dba “GMG” or “Green Mountain Generators”), located at 202 Stark Mountain Road, West Halifax, VT 05358, United States. By using our Services, you are agreeing to these terms. Please read them carefully. Any and all of these terms can be altered or modified at any time.
Using our Services
You must follow any policies made available to you within the Services. Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services. Our Services display some content that is not GMG’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your GMG Account
You may need a GMG Account in order to use some of our Services (e.g. to purchase products or services). You may create your own GMG Account. If you learn of any unauthorized use of your password or account, please contact us.
Purchasing, e-Commerce and Sales
All sales, whether transacted online, in-person, over the phone or in any other manner, are subject to the following policies:
- Orders may be fulfilled from multiple drop-ship locations, third-party vendors, or other entity to ensure high availability and fast shipping.
- All returned items must be returned within 14 days for a refund (less shipping costs).
- Shipping costs (outbound or return) will not be refunded unless approved by GMG.
- All electrical components are not returnable unless approved by GMG.
- All orders over $4,999 must be made by a non-credit card transaction.
- All payments must be made in USD.
Returns and Limited Warranty
GMG values its relationships with current and future customers. GMG is committed to helping customers. GMG will warrant all generator purchases for 90 days or 100 hours, whichever comes first. GMG will warrant all parts during this limited warranty period and will either fix or replace any part that malfunctions during the Limited Warranty period. Customer is responsible for removal of malfunctioning part and for shipping or delivering the part to GMG’s headquarters in Vermont, United States. All shipping costs to return part to GMG will be borne by customer. GMG will then replace or repair the part at it’s sole discretion and will ship the part back to customer. GMG will be responsible for costs associated with shipping the part back to customer. Our warranty does NOT cover damage to the unit from misuse; nor does it cover consumable items such as filters, glow-plugs and fluids. GMG will accept returns for small part purchases (not generator purchases) within 14 days of the transaction date. Customer must return the part and bear all return shipping costs. Restocking fees up to 25% may apply depending on the specific product or service purchased. Shipping costs associated with the initial purchase will not be refunded and will be deducted from the refund amount. This pertains to all products purchased with “free shipping.”
Privacy and Copyright Protection
GMG’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that GMG can use such data in accordance with our privacy policies.
Your Content in our Services
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. GMG may also stop providing Services to you, or add or create new limits to our Services at any time.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GMG NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. The aforementioned includes all products and services sold by GMG or it’s partners, whether they be service or product partners. Many products and services purchased on our website are drop-shipped from third parties. GMG is not responsible and will not be held responsible for delivery on or by any specific date or via any specific method. The condition or quality of all services shipped by third parties is their responsibility and not the responsibility of GMG.
Liability for our Services
WHEN PERMITTED BY LAW, GMG, AND GMG’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS ALSO INCLUDES PHYSICAL DAMAGE, INJURY OR DEATH TO CUSTOMER, CUSTOMER’S PROPERTY, AND THOSE WHO COME INTO CONTACT DIRECTLY OR INDIRECTLY WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH GMG. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GMG, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, GMG, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. THIS INCLUDES PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH THAT MAY BE ASSOCIATED WITH THE USE OF GMG PRODUCTS. THIS ALSO INCLUDES FIRES OR ELECTROCUTIONS RELATED TO THE USE OF ANY GMG PRODUCT.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify GMG and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between GMG and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The laws of Vermont, U.S.A., will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts that oversee the state of Vermont, USA, and you and GMG consent to personal jurisdiction in those courts. For information about how to contact GMG, please visit our contact page.