Terms & Conditions
Limited Warranty
Marty Gilman, Inc., warrants all of its products to be free from defects in material and workmanship under normal use for a period of one (1) year from the date of delivery to the original buyer. Sled springs and frames are warranted for a period of four (4) years. Gilman’s sole obligation and buyer’s sole remedy is to repair or replace, at our option, any part which is found to be defective during the warranty period. Repair or replacement must be made only by Gilman. Any product thought to be defective must be returned to Gilman for inspection at the buyer’s sole expense. A Return Authorization Number (RA#) must be obtained from Gilman before returning a product under a warranty claim. This warranty does not cover products damaged in shipment or any product damaged as a result of misuse, negligence, accident, improper assembly, ordinary wear and tear, vandalism or by repairs, alterations or use of replacement parts not manufactured or installed by Gilman.
Disclaimers of Warranties
Marty Gilman Inc. makes no warranties, representations or promises, either express or implied, as to the quality or performance of its products other than those set forth above, and Gilman expressly disclaims all implied warranties, including but not limited to the warranty of merchantability and warranty of fitness for a particular purpose. Gilman neither assumes responsibility for nor authorizes any other person to assume for it any liability in connection with the sale of its products. In no event, shall Gilman be liable for consequential damages, personal injury or property damage.
General Warning
Gilman Gear is designed to protect the safety of players. However, by the very nature of the sport, the methods of practice and conditioning to play the sport, and the equipment designed for the sport and such practice, it is possible that serious bodily injury or death, or property loss and damage could result from the use of Gilman Gear. The User knowingly and voluntarily assumes all risk of serious injury, death and property damage related to the use of Gilman products including those which may result from the negligence of Marty Gilman, Inc., (including its employees and agents), the User or any other person or cause. Use of Gilman products shall constitute a release by the User of Marty Gilman Inc., and its shareholders, officers, employees and agents and their respective successors and assigns from all liability for injury, death and property loss or damage which is in any way related to the use of Gilman products, including any and all liability that may result from the negligence of Marty Gilman, Inc. (including its employees and agents), the User or any other person or cause. Marty Gilman, Inc. assumes no liability for improper use, negligent assembly, unauthorized alteration or modification, lack of supervision, the physical condition or health of any User, or other conditions affecting the User and use of any Gilman product. The sole responsibility of Marty Gilman, Inc. is governed by its limited warranty. Consult all written materials accompanying Gilman products prior to any use or assembly.
Lost or Damaged Freight
Shipments of Gilman products leave the factory in perfect condition. If a product is delivered short or in a damaged condition, it is the responsibility of the delivering carrier. Customers must take care when receiving shipments to inspect the cartons for damage before signing the delivery receipt. All shortages and damage should be noted on the delivery receipt before signing for the shipment.
Concealed Damage
If a product is found to be damaged after being removed from its box, notify Gilman and the delivering carrier immediately. Ask the carrier to fill out a “Concealed Damage Report.” Normally, there is a 5-day grace period within which to file a claim.
Inspection of Freight
The customer is responsible for inspecting the freight upon delivery to check for lost or damaged freight. If the customer fails to verify the piece count or fails to note freight damage on the delivery receipt, then the customer is responsible for replacement of the lost or damaged products.
Freight Claims
Gilman is not responsible for lost or damaged freight. Claims for lost or damaged freight must be reported within 5 days of delivery. The claim must include a copy of the delivery receipt with a written notation of the shortage or damage. Replacements will only be sent after the freight claim has been approved by the freight carrier.
Refusal of Shipment
If a shipment is refused for any reason, and the merchandise is returned to the factory, the customer will be charged for all freight and a re-stocking charge of 15%.
Return Policy
To return a product, call Gilman in advance for a return authorization number. Please state date of purchase, invoice number, and reason for return. To receive credit or replacement, the RA# must appear on all labels. All returns, except those covered by warranty, will be subject to a 15% re-stocking charge. All returns must be shipped prepaid.
Warranty Return
To receive replacement under warranty, the customer must first return the product with the alleged defect. If a defect exists and the product is under warranty, the company will replace the product and pay the freight to return it to the customer.
Freight Quotes
Call shipping desk for freight estimates. Gilman selects freight carriers who offer the lowest cost delivery. Freight quotes are valid for 7 days only. The customer is responsible for difference between estimated and actual freight cost. Additional charges apply for residential delivery, lift gate service, or inside delivery.
Delivery
Gilman makes every effort to accommodate customer delivery requests, however, we cannot guarantee delivery dates. If a specific deadline is required, the customer is responsible for expedited shipping costs.
Rush Charge
Expedited order processing is available upon request. A rush charge will be calculated based on the quantity, product model and any customizations required.
Standard Terms
Net 30 Days. Unpaid balances subject to a 1.25% per month interest charge.
Cash in Advance
Youth teams, booster clubs, individuals, and other non-school entities as well as companies with non-credit accounts must submit payment with order. First time orders from new credit accounts must pay cash in advance.
July Billing
July 1st billing is available with an authorized purchase order or with a signed purchase order agreement. Any unpaid balance will be subject to an interest charge after July 31st.
Orders
To be accepted, an order must be accompanied by either a hard copy purchase order or a signed purchase order agreement. To obtain a purchase order agreement, call the sales desk with the list of products you wish to purchase. The sales desk will email a quote. The purchase order agreement must be signed by a school principal, athletic director, or business manager.
Credit Card
Payment may be made using Visa, MasterCard, American Express and Discover.
Wire Transfer
Wire transfer payments are subject to a $35 bank processing fee.
Prices
All prices are FOB Gilman, Connecticut, and do not include inside delivery, assembly, installation or freight charge. All prices are subject to change without notice.
Handling Charge
All orders are subject to a charge for packaging and freight preparation. A $30 charge is added to truck shipments and a $5 charge is added for UPS or FedEx Ground shipments. Truck shipments that require an oversize pallet will be assessed a pallet charge.
Email
If you wish to contact our office via e-mail:
sales@gilmangear.com
(Product or freight quotes, bids, payment plans or purchase agreements)
info@gilmangear.com
(Catalog or video requests and clinic schedule)
accountsreceivable@gilmangear.com
(Questions regarding invoices, statements or payments)
Copyright © Marty Gilman, Inc. 2023. All Rights Reserved. No part of this publication, including the text, art, photographs, logos, cover and interior designs, and product descriptions may be reproduced or transmitted in any form, by any means (electronic, photocopying, recording, downloading or otherwise) without the prior written permission of Marty Gilman, Inc.
