Terms and Conditions

1. Acceptance of Terms

These Terms & Conditions (“Terms”) govern access to and use of the Sample Ordering Portal (the “Portal”) operated by Garmon Distributors LLC (“Garmon,” “we,” “us,” or “our”). By accessing the Portal, creating an account, or submitting a sample order, you agree to be bound by these Terms. If you do not agree, do not use the Portal.

If you use the Portal on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” includes both you and that entity.

2. Definitions

• “Submitter” means the individual who places a sample order through the Portal and the company on whose behalf the order is placed.
• “Samples” means products made available for ordering through the Portal.
• “Core Products” means items the Portal identifies, flags, or displays as part of Garmon’s core product assortment or inventory.
• “Business Day” means Monday through Friday, excluding U.S. federal holidays and any days Garmon announces as closed.
• “Order” means any request for Samples submitted through the Portal.

3. Authorized Access & Accounts

Access to the Portal is restricted to individuals who have been authorized by Garmon and who have authority to place orders on behalf of their company.

• You may not access or use the Portal unless you are an authorized user. Unauthorized access is prohibited and may result in legal action.
• You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
• Do not share credentials. Each person who orders must have their own authorized access.
• Notify us immediately at the contact below if you suspect unauthorized use of your account, or if a user’s authority to order on your behalf ends (for example, upon termination of employment).
• Any order placed through an authorized account is treated as a valid order by the Submitter, and Garmon may rely on it without further verification.
• The Submitter’s company is responsible for ensuring that only appropriate personnel are given ordering access.

4. Purpose of the Portal

The Portal exists to allow qualified business customers to request product Samples for evaluation. Samples are provided at Garmon’s discretion. Submitting an Order does not guarantee acceptance, availability, or fulfillment, and does not create any obligation on Garmon to offer future samples, pricing, or supply.

5. Item & Inventory Verification (Submitter Responsibility)

The Submitter is solely responsible for confirming that they understand every item selected, including how each item and its inventory status appears in the Portal, before submitting an Order.

• Before submitting, carefully review each item’s name, description, SKU or item number, pack size, unit of measure, and inventory designation, including whether it is reflected as a core product.
• A core product designation, stock indicator, or inventory count in the Portal is provided for convenience. It is not a guarantee of current availability, and it may not reflect real-time inventory.
• If you are unsure about an item, its status, or its unit of measure, contact us before you submit. Do not guess.
• Garmon is not responsible for Orders placed in error because the Submitter misunderstood or failed to verify an item, its inventory designation, or its unit of measure.

6. Quantity Accuracy (Submitter Responsibility)

The Submitter must pay close attention to the quantity ordered for each item.

• Confirm the quantity, and whether it is entered in units, cases, inner packs, or pallets, for every line before submitting.
• Orders are fulfilled as submitted. Garmon is not responsible for over-ordering, under-ordering, or quantity entry errors made by the Submitter.
• Garmon may, at its discretion, limit or adjust quantities, including to manage sample volume or inventory. Where we do so, we will make reasonable efforts to notify you.
• Any additional costs, including shipping charges, arising from incorrect quantities are the responsibility of the Submitter, to the extent permitted by law.

7. Order Cutoff & Fulfillment Timing

• Orders received before 1:00 PM Central Time on a Business Day will be fulfilled the same Business Day.
• Orders received at or after 1:00 PM Central Time, or on a weekend, holiday, or other non-Business Day, will be fulfilled on the next Business Day.
• “Fulfilled” means the order is picked, packed, and released to the carrier. It does not mean delivered. Delivery time depends on the carrier and service level.
• The timestamp recorded by the Portal at submission controls.
• Same-day and next-day fulfillment targets are goals, not guarantees. Inventory shortages, incomplete or inaccurate order information, carrier delays, weather, system outages, or events outside our control may delay fulfillment. Garmon is not liable for delays of this kind.
• Orders that require clarification (for example, missing or unclear shipping details) may be held until resolved, and the cutoff timing may not apply.

8. Shipping Information (Submitter Responsibility)

The Submitter must provide complete and accurate shipping information with every Order. At a minimum, this includes:

• A full, valid, deliverable shipping address (street, suite/unit, city, state, ZIP code), including any receiving hours, dock, or appointment requirements.
• A contact name for the delivery.
• A working phone number for the carrier and Garmon to reach that contact.

If this information is missing, incomplete, or incorrect, the Submitter is responsible for all resulting costs and consequences, including without limitation:

• Re-delivery, redirection, or address correction fees charged by the carrier.
• Return-to-sender, storage, or disposal charges.
• Replacement product and shipping costs if the shipment is lost, refused, or undeliverable as a result.
• Delays in fulfillment or delivery.

Garmon is not responsible for shipments delivered to the address provided by the Submitter, even if that address is wrong. Garmon may, but is not required to, contact the Submitter to correct information.

9. Shipping, Delivery & Risk of Loss

• Garmon selects the carrier and service level unless otherwise agreed in writing.
• Shipping charges, if any, are as shown in the Portal or as communicated to you, and are the Submitter’s responsibility.
• Title and risk of loss pass to the Submitter when the shipment is released to the carrier, unless otherwise agreed in writing.
• Delivery dates and transit times are estimates only.
• The Submitter is responsible for ensuring someone is available to receive the delivery.

10. Inspection, Damage & Claims

• Inspect the shipment upon delivery. Note any visible damage or shortage on the carrier’s delivery receipt before signing.
• Report damage, shortages, or errors to Garmon in writing within [3] Business Days of delivery, with photos and the order number. Claims reported after that period may be denied.
• Retain all packaging and damaged goods until the claim is resolved.
• Garmon’s sole obligation for verified damaged or incorrectly shipped Samples is, at its option, to replace them or to issue a credit. This does not apply to errors caused by the Submitter under Sections 5, 6, and 8.

11. Changes & Cancellations

• Because fulfillment begins quickly, Orders may not be changed or cancelled once submitted.
• If you need a change, contact us immediately. We will try to accommodate requests if the Order has not yet been picked, but we do not guarantee that we can.
• Garmon may cancel or refuse any Order at its discretion, including for suspected error, unavailability, unauthorized use, or violation of these Terms.

12. Returns

Samples are provided for evaluation and are generally non-returnable. Returns are accepted only with prior written authorization from Garmon. Unauthorized returns may be refused, and the Submitter will bear all related costs. Perishable, food, or consumable Samples cannot be returned.

13. Pricing, Charges & Payment

• Samples may be provided free of charge, at a reduced price, or at a stated price, as shown in the Portal or communicated to you.
• Garmon may charge for shipping, handling, and any fees incurred because of the Submitter’s errors or omissions (see Sections 6 and 8).
• Amounts owed are due on the terms stated by Garmon or, if none are stated, within [30] days of invoice. Garmon may charge interest on overdue amounts at the lesser of [1.5]% per month or the maximum rate allowed by law, plus reasonable collection costs.
• Prices and offers are subject to change without notice. Taxes, if applicable, are the Submitter’s responsibility unless a valid exemption certificate is on file.
• Excessive, repeated, or non-business sample requests may result in charges or restricted access at our discretion.

14. Availability & Substitutions

All Orders are subject to product availability. Garmon may, without liability, ship partial Orders, backorder items, substitute a comparable item, or decline to fill any portion of an Order. Product appearance, packaging, and formulations may change without notice.

15. Permitted Use of Samples

• Samples are for the Submitter’s internal business evaluation only.
• Samples may not be resold, redistributed, given away, or listed on any marketplace or website.
• The Submitter must comply with all applicable laws and with any handling, storage, labeling, or safety instructions for the Samples.
• Garmon may request information about how Samples are used and may decline future requests.

16. Prohibited Conduct

You agree not to:

• Access the Portal without authorization, or share or misuse credentials.
• Submit false, misleading, or fictitious Orders or information.
• Use automated tools (bots, scrapers, scripts) to access or order through the Portal without written permission.
• Interfere with, probe, or attempt to breach the security or operation of the Portal.
• Use the Portal to place Orders for resale, competitive intelligence, or any unlawful purpose.
• Reverse engineer, copy, or reproduce any part of the Portal.

17. Product Information & Disclaimers

The Portal and all Samples are provided “as is” and “as available.” To the fullest extent permitted by law, Garmon disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Product descriptions, images, inventory indicators, core product designations, and other Portal content are for general information only and may contain errors or be out of date. Garmon does not warrant that the Portal will be uninterrupted, secure, or error-free. Manufacturer warranties, if any, are provided by the manufacturer and not by Garmon. The Submitter is responsible for determining whether a Sample is suitable for its intended purpose and for compliance with applicable regulations.

18. Limitation of Liability

To the fullest extent permitted by law, Garmon and its owners, members, officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or business opportunity, arising out of or related to the Portal, any Order, or any Sample, even if advised of the possibility of such damages.

Garmon’s total liability for any claim arising out of or related to these Terms, the Portal, or any Order will not exceed the amount, if any, actually paid by the Submitter for the specific Order giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

19. Indemnification

The Submitter agrees to defend, indemnify, and hold harmless Garmon and its owners, members, officers, employees, and affiliates from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) the Submitter’s breach of these Terms; (b) any Order placed through the Submitter’s account, including orders placed by unauthorized users with access to the Submitter’s credentials; (c) inaccurate or incomplete Order, quantity, or shipping information; (d) the Submitter’s use, handling, storage, or resale of Samples; or (e) the Submitter’s violation of any law or third-party right.

20. Suspension & Termination

Garmon may suspend, restrict, or terminate any user’s access to the Portal at any time, with or without notice, for any reason, including suspected unauthorized use, repeated errors, non-payment, misuse of Samples, or violation of these Terms. Sections that by their nature should survive termination (including Sections 5 through 8, 13, 15, and 17 through 26) will survive.

21. Privacy & Data

We collect and use information you provide through the Portal (including account details, contact names, phone numbers, and shipping addresses) to operate the Portal, fulfill Orders, communicate with you, and protect our business. We share shipping details with carriers and service providers as needed to complete delivery. We may also use this information to evaluate sample requests and follow up about products. Our use of personal information is further described in our Privacy Policy: [PRIVACY-POLICY-URL]. You represent that you have the right to provide any third-party contact information you submit.

22. Intellectual Property

The Portal, its design, software, text, images, logos, and trademarks are owned by Garmon or its licensors and are protected by law. You receive a limited, revocable, non-exclusive, non-transferable right to use the Portal for its intended purpose. Brand names, trademarks, and product images of third-party brands remain the property of their respective owners, and nothing in these Terms grants any right to use them.

23. Force Majeure

Garmon is not liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, severe weather, fire, labor disputes, supplier or carrier failures, transportation disruptions, government actions, pandemics, power or internet outages, or cyber incidents.

24. Changes to These Terms

We may update these Terms at any time by posting the revised version on the Portal with a new “Last Updated” date. Your continued use of the Portal after changes are posted means you accept the revised Terms. Order cutoff times and fulfillment practices may also change, and the version in effect when you submit an Order applies to that Order.

25. Governing Law & Disputes

These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law rules. Any dispute arising out of or related to these Terms, the Portal, or any Order will be brought exclusively in the state or federal courts located in [COUNTY, STATE], and you consent to that jurisdiction and venue. [Optional: replace with binding arbitration and class-action waiver language if desired.] To the fullest extent permitted by law, each party waives the right to a jury trial.

26. General Provisions

• Entire Agreement. These Terms, together with any written agreement between you and Garmon, are the entire agreement regarding the Portal. If there is a conflict with a signed written agreement, the signed agreement controls.
• Severability. If any provision is found unenforceable, the remainder stays in effect.
• No Waiver. Failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. Garmon may assign them freely.
• Electronic Communications. You consent to receive notices electronically, including by email or through the Portal.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Headings. Headings are for convenience only and do not affect interpretation.

27. Contact Us

Questions about these Terms, your account, or an Order?

Garmon Distributors LLC
6497 LA-33, Choudrant, LA 71227
Email: info@gogarmon.com
Phone: 318-245-9570
Hours: Monday–Friday, 8:00 AM – 5:00 PM Central Time