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Terms & Conditions

TERMS AND CONDITIONS

(A) All orders for goods by you are subject to acceptance by Rapid Air Weapons LLC. ("SELLER") and shall be accepted upon the following express terms and conditions, and such terms and conditions together with all other terms and conditions set forth on sellers order form not in conflict here shall constitute the entire contract between you (“BUYER”) and seller. No modifications to such terms and conditions, and no waiver there of, shall be effective against seller unless in writing and signed by an officer of seller. Orders may not be cancelled or rescheduled without seller’s prior written consent. Prices for such orders shall be the price as stated on sellers invoice, all prices are exclusive of taxes, insurance cost, freight, duties and other charges. Buyer agrees to indemnify seller from any liability for taxes associated with such sale, by completing and signing seller’s credit application and or accepting the shipment of goods, buyer acknowledges its agreement to these terms.

 (B)  If any of the terms and conditions herein conflict with terms and conditions specified by Buyer, then acceptance of buyers order is made only upon the express understanding and condition that the terms and conditions here in shall govern and control the contract between buyer and seller, irrespective of whether Buyer accepts these terms and conditions by a written acknowledgement, by implication or by acceptance of or payment for goods ordered here under. Seller's failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of or a modification to, any or all of the standard terms and conditions of sale as expressed herein.

(C) By placing an order you must be 18 years old or above and be legally able to purchase the items you are buying, if for any reason you are prohibited to own any item purchased then under no circumstance can we be held responsible, you also agree that the item purchased can legally be held at the shipping address given and that the items are not prohibited to be possessed at that address, state or country.

DELIVERY 

(A) Seller agrees to deliver the goods sold, to a carrier for transportation to Buyer and to arrange for transportation thereof to the destination specified by Buyer at the time of order (for mail ordered items an estimated 3 working days from receipt of payment). Delivery shall be by carrier of Seller's choice. All delivery charges shall be paid by the Buyer and shall not be subject to any discount. Shipments will be deemed to have been accepted by Buyer upon delivery, unless rejected by Buyer. Buyer shall perform all reasonable inspections within seven (7) days of delivery, at which time goods shall be deemed as irrevocably accepted.

(B) Delivery to a carrier shall constitute a delivery, subject, however, to Seller's right of stoppage in transit. The carrier shall act solely as Buyer's agent, and all claims for damages or delays in transit shall be against carrier and must be filed by Buyer against carrier. Seller's delivery dates are estimates only and Seller shall not be liable to Buyer for delivery delays or failure to perform hereunder for reasons beyond Seller's control, under no circumstances will the seller be responsible for any loss or damage to goods once delivered to carrier.

(C) For International Shipping where the Buyer has requested a shipping service not recommended by the Seller, the Buyer agrees that it can not hold the Seller responsible for any loss of the package or damage to the goods once the Seller has delivered them to the carrier.

PAYMENT

(A) All invoices are payable in United States dollars at Seller's designated remittance address. No discount may be taken. Any check or remittance received from the Buyer may be accepted and applied by Seller or its agent against any indebtedness or obligation owing by Buyer as shown by the books and records of Seller or its agent without prejudice and notwithstanding any provision, statement, legend or notation appearing on, referring to or accompanying such remittance, none of which shall be binding upon or effective as against Seller, until fully paid for all items listed on invoices will not under any circumstances belong to the buyer and will remain the property of the seller, even if passed on by the way of sale or trade to a third party.

(B) Seller or its agent may at any time, in its sole discretion, limit or cancel the credit of the Buyer as to time and amount, and as a consequence, may require anticipation or demand payment in cash before delivery or any/or unfilled portion of any order. Upon failure of Buyer to make such payment within ten (10) days after demand, or in the event of any default, breach or repudiation by Buyer of any contract with Seller, or if Buyer shall become insolvent, call a meeting of its creditors, or make an assignment for the benefit of its creditors, or if a bankruptcy, insolvency, reorganization or arrangement proceeding shall be commenced by or against Buyer, Seller may cancel any order or contract with Buyer (in which event Buyer shall remain liable for damages).

TERMS OF PAYMENT     

Payment for account buyers is strictly 30 days from invoice date, where payment has not been made within the specified time the buyer reserves the right to charge 2% per month interest on all outstanding amounts, buyer shall be liable for all costs and expenses incurred by Seller including attorney's fees arising out of any default by Buyer in payment or in any of the other terms and conditions of any contract between Seller and Buyer.

CANCELLATIONS OF CONTRACT

In case of reasonably unforeseen circumstances which materially alter the economic aspects or the substance of any contract or seriously interfere with the operation of Seller or any of Seller's suppliers or if it should otherwise prove substantially impossible for Seller to carry out its part of any contract, the Seller shall have the right to cancel any such contract or order in whole or in part in which case Seller shall have no responsibility or liability whatsoever to Buyer.

PRODUCT RETURN

If a product is faulty then it can be returned for a full refund, excluding shipping to and from the point of sale, if a product is returned for any other reason other than it being proven faulty then a 15% restocking fee shall apply.

 

CLAIMS BY BUYER

All claims of Buyer for defects, shall be barred and waived unless Buyer gives written notice of such defects to Seller within 30 days from the date of receipt of the goods by Buyer or Buyer's agent. In said notice, Buyer must clearly specify the ground and nature of the defects and the quantity of the goods affected by each such defect. Upon receipt of said notice, Seller may issue its return authorization for all or such portion of the goods claimed to be defective as Seller may deem necessary or appropriate to evaluate Buyer's claim. No other returns will be accepted unless further authorization is issued by Seller. If Seller determines that such defects exist, and such defects have not been disclaimed under Seller's Terms and Conditions of Sale, Seller, in its absolute discretion may (i) replace the defective goods within a reasonable period of time; (ii) authorize the return of such defective goods for credit equal to the original purchase price; or (iii) deny the claim and return to the Buyer the goods sent to Seller for testing and inspection. In no event shall Seller's liability for defective goods exceed the purchase price charges by the Seller for the defective goods together with freight to and from Seller's warehouse, notwithstanding any denial of liability for such defective goods made by Seller.

LIMITATIONS OF SELLER'S LIABLITY.

Buyer hereby acknowledges and agrees that with respect to any order or contract for the purchase of goods from the seller, sellers sole and exclusive liabilities with respect to any default by seller or any breach of any such contract by seller shall not exceed the lesser of (i) sellers actual and direct damages or (ii) the price at which such goods were sold by seller to buyer together with the actual cost of freight from sellers warehouse to the place of delivery originally specified in such contract. In no instance shall buyer be entitled to claim consequential damages, prospective profit, or special or indirect damages. Nor shall seller be liable in any instance for lost profits or special or indirect damages or profits on contemplated use of such goods by buyer. In no event shall seller be liable for any damages by reason of buyers inability to obtain substitute goods in the open market. This limitation on damages against seller shall apply to any default or breach by seller including the breach of any warranty or any tort committed by seller. Buyer hereby expressly waives any claim for punitive damages.

RIGHTS OF SELLER

In addition to the rights and remedies of Seller as set forth herein, Seller shall have such other rights and remedies as may be available to it under Uniform Commercial Code -- Sales, TCA §47-2-101 et seq and other Tennessee law, all such rights and remedies to be cumulative.

ASSIGNMENT

No rights of Buyer under or arising out of any contract with Seller may be assigned without the express written consent of Seller.

APPLICABLE LAW

This contract shall be governed by the Uniform Commercial Code - Sales, TCA §47-2-101 et seq, as enacted by the State of Tennessee and other laws of the State of Tennessee.

JURISDICTION

In the event of any dispute between Seller and Buyer arising out of or related to this agreement or any order or contract between Buyer and Seller, such dispute shall be adjudicated between the parties, at Seller's discretion, solely in a court of competent jurisdiction in either the State of Tennessee in or serving the County of Giles, and the parties hereby consent to the jurisdiction of Tennessee courts and further consent that any process, summons or notice or any other application to such Courts may be served by personal service by certified U.S. Mail, postage prepaid, return receipt requested, either in or outside the States of Tennessee. Buyer hereby waives trial by jury.