Gunter Metals Terms of Service

Overview

Welcome to Gunter Metals. The terms "we", "us" and "our" refer to Gunter Metals LLC, a metal supplier located in Dickson, Tennessee. Gunter Metals operates guntermetals.com, including all related information, content, features, tools, products and services (the "Services"). Through the Services you can buy steel, stainless steel, aluminum and related products, including material cut to your dimensions, for pickup at our shop. Gunter Metals is designed by Gaull & Co with infrastructure powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They include important information about your legal rights and cover areas such as final sales, warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you should not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence. If you are using the Services on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization.

To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information, such as your name, business name, email address, phone number, billing and payment information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account, including orders placed by your employees or anyone else you allow to use it. You may not transfer, sell, assign or license your account to any other person.

Section 2 - Our Products and Materials

We make every effort to describe our products accurately. Metal is a raw industrial material, and the following apply to everything we sell:

• Appearance. Photos are representative only. Surface rust, mill scale, oil, scratches, mill markings, and variations in color and finish are normal and are not defects.
• Dimensions and weight. Stock dimensions, thicknesses, straightness and weights are nominal and subject to standard mill tolerances.
• Grades and specifications. Material is sold by the grade and specification stated in the product listing. Mill test reports are provided only when offered for that product and requested at the time of order.
• Suitability is your responsibility. We sell material. We do not provide engineering, structural design, or code compliance advice. Any information we share about sizes, grades, load, or use is general information only. You are solely responsible for selecting the right material and for determining that it is suitable and safe for your intended use.
• Availability. Listed inventory is not guaranteed. If an item you ordered turns out to be unavailable, we will contact you and either substitute with your approval or refund that item.

Product descriptions, prices and availability may change at any time without notice. We may discontinue any product and may limit the quantity sold to any person or business on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Gunter Metals may accept or decline any order for any reason at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. If we do not accept, need to change, or cancel an order, we will try to notify you using the email or phone number you provided.

All sales are final. Please review your material, grade, dimensions and quantities carefully before submitting your order. We can change or cancel an order only if you contact us before your material has been cut, pulled or loaded. Once work has started, the order cannot be changed or cancelled. Our full Refund Policy, including what we do when an order is damaged, defective or incorrect, is part of these Terms.

You may purchase for personal, business or commercial use. You are responsible for making sure your purchase and your use of the material comply with the laws that apply to you.

Section 4 - Cut-to-Size and Processed Orders

When you order material cut, drilled or otherwise processed to your specifications:

• You are responsible for your dimensions. We cut to the measurements you enter. We do not verify that they are right for your project.
• Tolerance. Cuts are held to a tolerance of plus or minus 1/8 inch unless the product listing states otherwise. Material within tolerance is considered correct.
• How cut material is priced. Custom lengths are charged by rounding up to the next full foot, plus any per-cut or processing fees shown at checkout. For example, a 39 inch piece is charged as 48 inches.
• Remnants. Unless the listing or your order confirmation says otherwise, the leftover piece from a cut stays with Gunter Metals.
• Made for you. Cut and processed material is made specifically for your order and cannot be returned, exchanged or refunded, except as described in our Refund Policy for errors on our part.

Section 5 - Prices and Billing

Metal prices move with the market, and our prices, discounts and promotions may change at any time without notice. The price charged will be the price in effect when you place your order, as shown in your order confirmation email. Unless expressly stated, posted prices do not include sales tax or cutting and processing fees.

Prices on guntermetals.com may differ from prices quoted at our counter, by phone, or for fabrication and other quoted work. Promotions may be governed by separate terms. If promotion terms conflict with these Terms, the promotion terms govern.

Sales tax is charged as required by law. If you are purchasing tax exempt or for resale, you must provide a valid exemption or resale certificate before you place your order.

You agree to provide current, complete and accurate purchase, payment and account information, and to keep it updated so we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct and complete, (ii) you are authorized to use the payment method, (iii) charges you incur will be honored by your card issuer or bank, and (iv) you will pay all charges at the posted prices, including applicable fees and taxes.

Section 6 - Pickup and Risk of Loss

Orders placed through the Services are for pickup at our shop at 1928 Jones Creek Road, Dickson, Tennessee. We do not ship or deliver online orders unless we agree to it in writing for a specific order.

• Pickup times. Ready times and pickup windows are estimates, not guarantees. Please wait for your ready notification and arrive within your scheduled window. We are not liable for delays.
• Who can pick up. Bring your order number. We may ask for identification and may release the order to anyone who presents your order number or says they are picking up on your behalf.
• Inspect before you leave. Check your order at pickup. Report any problem as described in our Refund Policy.
• Loading and transport. You are responsible for bringing a vehicle or trailer that can safely and legally carry your material, and for securing, flagging and transporting your load. We may help load as a courtesy, and we may refuse to load a vehicle we believe is unsafe. We are not responsible for damage to your vehicle, or for any injury, loss or damage that occurs once the material leaves our premises.
• Title and risk of loss. Title and risk of loss pass to you when the material is loaded onto your vehicle or otherwise handed to you or your representative.
• Uncollected orders. Orders not picked up within three days of the ready notification may be charged a storage fee or treated as abandoned. Because all sales are final, abandoned orders are not refunded.
• On our premises. Our shop is an active industrial site. Follow staff instructions and posted safety rules, and stay in customer areas.

Section 7 - Intellectual Property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and their design, selection and arrangement, are owned by Gunter Metals, its affiliates or licensors and are protected by U.S. and foreign copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services to browse our store and to purchase products for yourself or your business. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any of the material on the Services without our prior written consent, other than as needed for that ordinary use. Nothing in these Terms grants you a license or other rights under any patent, trademark, copyright or other intellectual property of Gunter Metals, Shopify or any third party. All rights not expressly granted are reserved by Gunter Metals.

Gunter Metals' names, logos, product and service names, designs and slogans are trademarks of Gunter Metals or its affiliates or licensors. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Section 8 - Optional Tools

We may give you access to tools offered by third parties as part of the Services, which we do not monitor or control.

We provide access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools. Your use of them is at your own risk and discretion, and you should make sure you are familiar with and approve of the terms on which they are provided by the relevant third party.

We may also offer new features through the Services, such as ordering tools, calculators or assistants. These are part of the Services and subject to these Terms. Any size, weight, quantity or material suggestion produced by a tool or assistant on our site is an estimate for your convenience only. You are responsible for confirming your order before you submit it.

Section 9 - Third-Party Links

The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you leave the Services to access them, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of any products, services, resources or content on them. Please review the third party's policies and practices before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

Section 10 - Relationship with Shopify

Gunter Metals is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Gunter Metals. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Gunter Metals, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Gunter Metals.

Section 11 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify and our partners use your personal information.

Section 12 - Feedback

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, photos, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. We may, for example, use this license to operate, provide, evaluate, improve and promote the Services.

You represent and warrant that (i) you own or have all necessary rights to your Feedback, (ii) you have disclosed any compensation or incentives received in connection with it, and (iii) it complies with these Terms. We have no obligation to keep your Feedback confidential, to pay for it, or to respond to it.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms.

Your Feedback must not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights, and must not contain unlawful, abusive or obscene material or any virus or other malware. You may not use a false email address, pretend to be someone else, or otherwise mislead us or others about the origin of any Feedback. You are solely responsible for your Feedback and its accuracy.

Section 13 - Errors, Inaccuracies and Omissions

Occasionally the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, specifications, pricing, promotions, fees, ready times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order. If we cancel an order for this reason after you have paid, we will refund what you paid for it.

Section 14 - Prohibited Uses

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any federal, state or local law, regulation or ordinance; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, upload or use any material that does not comply with these Terms; (g) to send advertising, spam or any similar solicitation; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts anyone's use of the Services or that, as determined by us, may harm Gunter Metals, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services (this does not restrict what you do with material you purchase); (c) collect or track the personal information of others; (d) spam, phish, pharm or pretext the Services; (e) use any robot, spider, scraper, or other automated data gathering or extraction tool to access the Services, except for an Agent that complies with Section 15; or (f) interfere with, bypass or circumvent the security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services.

We may suspend, disable or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

Section 15 - Agents

15.1 This section applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, without direct supervision.

15.2 You may use an Agent to browse our store and place orders for you, as long as the Agent at all times identifies itself and operates in strict accordance with section 15.4. No Agent may access, use or interact with the Services if we have asked that the Agent refrain from doing so.

15.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.

15.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use or interaction is from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

15.5 You are responsible for everything your Agent does. An order placed by your Agent is your order: it is binding on you, it is subject to these Terms, and it is final on the same basis as an order you place yourself, including when the Agent orders the wrong material, size or quantity.

Section 16 - Termination

We may terminate this agreement or your access to the Services, or any part of them, in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 17 - Disclaimer of Warranties

The information presented on or through the Services, including sizes, weights, grades, specifications, charts, calculators and suggested uses, is made available for general information purposes only. We do not warrant its accuracy, completeness or usefulness, and it is not engineering or professional advice. Any reliance you place on it is strictly at your own risk.

Our only commitment regarding the products we sell is the one stated in our Refund Policy: if an order is damaged, defective or not what you ordered because of our error, and you report it within the time stated there, we will replace it, re-cut it or refund it, at our discretion.

EXCEPT AS EXPRESSLY STATED BY GUNTER METALS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY MATERIAL IS SUITABLE FOR ANY STRUCTURAL, LOAD-BEARING, PRESSURE, SAFETY OR CODE-REGULATED APPLICATION. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 18 - Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL GUNTER METALS, OUR OWNERS, MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LABOR, REWORK, PROJECT DELAY, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE FULLEST EXTENT PROVIDED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO AN ORDER WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THAT ORDER.

Section 19 - Indemnification

You agree to indemnify, defend and hold harmless Gunter Metals, Shopify, and our affiliates, owners, members, officers, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, (3) your access to and use of the Services, or (4) your transport, handling, fabrication, installation or use of material purchased from us.

We will notify you of any indemnifiable claim, but a failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of the claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which you will not unreasonably withhold. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Section 20 - Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms. That determination will not affect the validity and enforceability of the remaining provisions.

Section 21 - Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us on this site constitute the entire agreement between you and us regarding the Services and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, including prior versions of these Terms. Fabrication, welding and other quoted work is governed by the written quote or contract for that work, not by these Terms.

Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.

Section 22 - Assignment

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

Section 23 - Governing Law

These Terms and any separate agreements under which we provide you Services are governed by the laws of the State of Tennessee, without regard to its conflict of law rules. Any dispute will be brought in the state or federal courts serving Dickson County, Tennessee, and you and Gunter Metals consent to venue and personal jurisdiction in those courts.

Section 24 - Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 25 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We may update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law, and those changes will be effective on the date specified in the notice. Your continued use of or access to the Services after changes are posted constitutes acceptance of those changes.

Section 26 - Contact Information

Questions about the Terms of Service should be sent to us at orders@guntermetals.com.

Gunter Metals LLC 1928 Jones Creek Road Dickson, TN 37055 orders@guntermetals.com ‭+1 (615) 812-8499‬