Terms of Sale

Applicability
These terms and conditions of sale (“Terms”) are the only terms which govern the sale of products and/or services (“Product”) by Applied Ballistics Weapons Division (“Seller”) to you (“Buyer”) as the purchaser of Product sold in the United States. These Terms apply to direct purchases made from Seller by phone, internet via our Applied Ballistics Weapons Division webstore. By placing your order for Product, you accept and are bound to the Terms. If you have placed an order but do not wish to be subject to these Terms, you must promptly cancel your order before it enters production and becomes noncancelable or return your purchase in accordance with Seller’s Return Policy (below).

Payment Terms
Terms of payment are within Seller’s sole discretion and unless otherwise agreed to by Seller, payment must be received by Seller prior to Seller’s acceptance of an order. Payment for the products will be made exclusively by credit card, wire transfer or some other prearranged payment method unless credit terms have been agreed to by Seller. Custom orders and custom services require a 50% up front deposit before work can begin. Invoices are due and payable within the time period noted on Buyer’s invoice, measured from the date of the invoice. Seller may invoice parts of an order separately. Buyer’s order is subject to cancellation by Seller, in Seller ‘s sole discretion. Seller is not responsible for pricing, typographical or other errors in any offer by Seller and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 30 days of the invoice date.

Shipping Terms
Shipping, handling and tax are additional and the responsibility of the Buyer unless otherwise expressly indicated at the time of sale. Title to products passes from Seller to Buyer upon shipment to Buyer. Loss or damage that occurs during shipping by a carrier selected by Seller is Seller’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Buyer is Buyer’s responsibility. You must notify Seller within 30 days of purchase or shipment of Product if you believe any part of your purchase is missing, wrong or damaged. Shipping and delivery dates are estimates only.
Return Policy and Exchange Policy
Please see our Return / Exchange policy
Changed or Discontinued Product
Seller may revise and discontinue Product at any time without notice to Buyer. In the event Seller has discontinued Product ordered by Buyer, Seller will notify Buyer and offer a comparable Product, if one is available.

Telephone Communications
Telephone communications with Seller may be monitored and/or recorded. Buyer expressly consents to being monitored or recorded. By providing us with a mobile phone number as your contact number, you expressly authorize us to contact you regarding your account for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.

Limitation of Liability
SELLER DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, SELLER IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.

Compliance with the Law
Buyer acknowledges that they are of legal age to purchase Product and know of no restrictions that would prevent Buyer from purchasing Product.
Not for Resale or Export
Buyer agrees to comply with all applicable laws and regulations of the various states and of the United States. Buyer agrees and represents they are buying for their own internal use only, and not for resale or export. Product, which may include technology and software, is subject to U.S. export laws as well as the laws of the country where it is delivered or used. Product may not be sold, leased or transferred to restricted countries, restricted end users or for restricted end uses.

Governing Law
Buyer agrees to comply with all applicable laws and regulations of the various states and of the United States. Buyer agrees and represents they are buying for their own internal use only, and not for resale or export. Product, which may include technology and software, is subject to U.S. export laws as well as the laws of the country where it is delivered or used. Product may not be sold, leased or transferred to restricted countries, restricted end users or for restricted end uses.

Submission to Jurisdiction
Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of New Hampshire in each case, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.