Terms of Service
These terms are published in English, the governing language of our service agreement. A Spanish courtesy translation is available on request at gcanales@3gmo.cl.
1. Who we are
The 3GMO cross-border returns service is provided by 3GMO LLC, a limited liability company organized under the laws of the State of Wyoming, United States (formed June 29, 2023), with its registered office at 5830 E 2nd St, Ste 7000 #10111, Casper, WY 82609, United States ("3GMO", "we", "us"). Returns are physically received and processed in Santiago, Chile by our operating affiliate Omnistock SpA. You contract with, and are invoiced by, 3GMO LLC.
2. The service
We provide in-country reverse logistics for goods returned by end customers in Chile and the Southern Cone. Depending on the plan you select, this may include: a local return address, receiving and check-in, inspection and grading, photo documentation, restocking, reprocessing or refurbishment, storage, consolidated reshipping, and local disposal. The specific services, volumes and rates that apply to you are those set out in your accepted quote or service agreement, which together with these terms form the whole agreement between us.
3. Quotes, rates and changes
Published per-unit ranges are indicative. A binding rate is the one stated in your written quote. Quotes are valid for 30 days unless stated otherwise. We may change rates on 30 days' written notice; changes do not apply to units already received at the hub.
4. Invoicing and payment
- All invoices are issued by 3GMO LLC in U.S. dollars (USD).
- We accept ACH and domestic wire transfer to our U.S. business bank account, and international wire (SWIFT).
- First engagements and pilots are prepaid. Once contracted volume is established, standard terms are Net 15 from invoice date.
- Undisputed amounts unpaid after the due date accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower.
- Prices are exclusive of taxes, duties and customs charges, which are your responsibility unless your quote states otherwise.
- A completed IRS Form W-9 is available on request.
5. Your obligations
- Provide accurate RMA data, SKU information and disposition rules before units arrive.
- Do not send prohibited goods: hazardous materials, perishables, firearms, live animals, illegal, counterfeit or restricted items, or anything whose import, storage or resale in Chile is unlawful.
- Ensure you hold clear title to the goods and the right to instruct us to restock, reship, resell or dispose of them.
- Comply with applicable export, import, sanctions and anti-corruption laws in the jurisdictions you sell from and into.
6. Title, risk and unidentified units
Title to returned goods remains with you at all times; we act as a service provider, not a buyer, unless a separate purchase agreement is signed. Units that arrive without an authorized RMA or that cannot be matched to your account within 30 days may be treated as unidentified and, after written notice, disposed of at your cost.
7. Storage and abandonment
Storage beyond the free period stated in your quote is billed at the applicable monthly rate. Goods left at the hub for more than 90 days after we have requested disposition instructions in writing may be sold, recycled or disposed of, with any net proceeds credited against amounts you owe.
8. Liability
We are liable for loss of or damage to goods while in our physical custody, limited to the lower of the declared unit value or USD 100 per unit, unless a higher declared value has been agreed in writing and the corresponding surcharge paid. We are not liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or goodwill. Our total aggregate liability in any 12-month period will not exceed the fees you paid us in that period. Nothing in these terms excludes liability that cannot be excluded by law.
9. Claims
Claims for loss, damage or misprocessing must be submitted in writing within 30 days of the event report or portal record that gave rise to the claim. Photo documentation captured at check-in is the reference record for the condition of a unit on arrival.
10. Confidentiality and data
Each party will keep the other's non-public commercial information confidential and use it only to perform the service. Our handling of personal data is described in our Privacy Policy.
11. Term, suspension and termination
Either party may terminate for convenience on 30 days' written notice. We may suspend the service on written notice if an invoice is more than 15 days overdue, or immediately if goods sent to us are unlawful or unsafe. On termination you must give disposition instructions and pay all outstanding amounts; goods remaining after 30 days are handled under section 7.
12. Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, customs or port disruption, strike, war, or government action.
13. Governing law and disputes
These terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law rules. The parties will first attempt to resolve any dispute in good faith. Failing that, disputes will be submitted to the exclusive jurisdiction of the state and federal courts located in the State of Wyoming, except that either party may seek injunctive relief where its goods or intellectual property are at risk. Operations performed in Chile remain subject to applicable Chilean law.
14. Changes to these terms
We may update these terms and will post the revised version here with a new "last updated" date. Material changes affecting an active engagement take effect 30 days after we notify you by email.
15. Contact
3GMO LLC · 5830 E 2nd St, Ste 7000 #10111, Casper, WY 82609, United States · gcanales@3gmo.cl