PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All
users of this site agree that access to and use of this site are subject to the
following terms and conditions and other applicable law. If you do not agree to
these terms and conditions, please do not use this site.
USED HEREIN – “Agreement” means this document, including any attached or
affixed pages (e.g. purchase orders, invoices, etc.) and the terms and
conditions contained herein. “Buyer” means the Buyer identified in any order of
Goods which is hereby made a part of this Agreement. “Goods” means the goods,
materials, parts, supplies and/or services supplied by Alpha Precision Works to
AGREEMENT – All purchases of Goods by Buyer are subject to the terms and
conditions of this Agreement regardless of other or additional terms or
conditions that conflict with or contradict this Agreement in any purchase
order, document, or other communication. Preprinted terms and conditions on any
document of Buyer and/or Alpha Precision Works failure to object to conflicting
or additional terms will not change or add to the terms of this Agreement. This
Agreement supersedes and replaces all previous requests, quotations, orders or
agreements concerning the Goods. Any additional or different terms will not
become part of the contract or agreement for the sale of the Goods and are
hereby objected to by Alpha Precision Works without further notice unless made
in writing and signed by an authorized representative of Alpha Precision Works.
The terms and conditions are subject to change and upon such change those terms
and conditions shall control all future orders from Buyer.
3. PRICES AND
PAYMENT - Prices are subject to change at any time without notice. All orders
are subject to acceptance by Alpha Precision Works, as Alpha Precision Works
may refuse to complete any order for any lawful reason and/or Alpha Precision
Works has any reason to believe that Buyer’s Representations and Warranties in Paragraph
14 are false and/or misleading. Any applicable taxes or other governmental
impositions, which Alpha Precision Works may be required to pay or collect,
will be added to the price and paid by Buyer unless Alpha Precision Works
receives a valid exemption certificate. Payment in full is due at time of
order. All sales are final.
DELIVERY AND RISK OF LOSS - Unless otherwise stated, Alpha Precision Works best
judgment will be used in routing shipments and subject to its Shipping Policy.
Title to the Goods and liability for loss or damage in transit or thereafter
shall pass to Buyer upon Alpha Precision Works delivery of the Goods to a
common carrier for shipment. Shipping dates are not guaranteed. Alpha Precision
Works disclaims any direct or indirect liability for any damages suffered by
Buyer which result from delays in delivery.
DAMAGED OR DEFECTIVE GOODS – Buyer agrees to inspect all Goods within three
days of receipt when shipped, or immediately upon receipt if delivered in person
from Alpha Precision Works personnel to Buyer. After that time all Goods are
deemed to be accepted. Claims for Goods delivered short, errantly, damaged or
defective (not due to fault of carrier) shall be filed in writing with Alpha
Precision Works within five days after date of shipment. Upon acceptance of
Buyer’s timely written claim and issuance of a written return authorization
(RA), Alpha Precision Works agrees to repair, replace, or, at Alpha Precision
Works option, issue credit for all defective Goods which have not been altered,
machined or finished, provided the Goods are returned unaltered with a valid RA
to Alpha Precision Works facility within 20 days of shipment. Alpha Precision
Works reserves the right to refuse delivery of any Goods returned without a
valid RA. Buyer must prepay all freight, which will be reimbursed by Alpha
Precision Works for defective, damaged or errant Goods. Claims for Goods
delivered short, errant, damaged or defective as a result of the fault of the
carrier will be handled by Buyer directly with the carrier.
DELAYS - No liability shall result from delay in performance or non
performance, directly or indirectly caused by circumstances beyond Alpha
Precision Works control, which include, but are not limited to, Acts of God,
fire, explosion, flood, war, terrorism, act of or authorized by any government,
accident, labor trouble, or shortage or inability to obtain material, equipment
or transportation. Quantities so affected may be eliminated from the Agreement
without liability, but the Agreement shall remain otherwise unaffected.
LIFETIME WARRANTY AND WARRANTY DISCLAIMER - Alpha Precision Works brand
products carry a limited life time warranty. This warranty covers any defects
in workmanship and malfunctions. This warranty does not cover normal wear and
tear, abuse and neglect. Warranty is void if re-manufactured/re-loaded
ammunition is used. Warranty is void is any any modifications are made to the rifle, some exclusions may apply, contact us for details. This warranty is valid for original purchaser only.
Warranty claims can be made by emailing firstname.lastname@example.org. Warranty claims
resulting in no issues found will be subject to $50 an hour service charge plus
return shipping costs. All sales are final.
OF REMEDIES AND DAMAGES - Buyer agrees that Alpha Precision Works obligations
described in Paragraph 7 is Buyer’s sole and exclusive remedy, and that Alpha
Precision Works total liability to Buyer, Buyer’s customers or to any other
person, relating to this Agreement, its performance or non-performance, or from
the use of Goods furnished, is limited to the price of the Goods and/or
services giving rise to the claim. Except as to title, such obligation and
liability shall terminate 90 days from delivery. Alpha Precision Works AND ITS
SUPPLIERS WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PENAL DAMAGES INCURRED IN CONNECTION WITH THE GOODS, WHETHER ANY CLAIM FOR
RECOVERY IS BASED UPON OR ARISES OUT OF THEORIES OF CONTRACT, NEGLIGENCE, TORT
(INCLUDING STRICT LIABILITY) OR OTHERWISE, including, but not limited to back
charges; labor costs; costs of removal, replacement, testing or installation;
loss of efficiency; loss of profits or revenues; loss of use of the Goods or
any associated products; damages to associated products; lateness or delays in
delivery; unavailability of Goods; cost of capital; cost of substitute Goods,
facilities or service; downtime; or claims from Buyer’s customers or other
parties to Buyer or directly to Alpha Precision Works for such damages.
9. INDEMNITY -
Buyer shall release, indemnify, defend and hold Alpha Precision Works harmless,
and its present and future officers, directors, officials, employees, agents,
subsidiaries, affiliates, successors and assigns from any and all liability
(including without limitation liability for negligence or strict liability),
claims, losses, suits, demands, penalties, fines, forfeitures, damages and
costs (including reasonable attorney's fees) caused by, arising out of or
relating to: (a) any form of intellectual property claim related to designs,
instructions, specifications or intellectual property developed or furnished by
Buyer; (b) any claim related to any component of or instrument used to
manufacture the Goods provided or sold to Alpha Precision Works by Buyer, or
otherwise specified by Buyer; (c) any claim related to the combination of the
Goods with any hardware, text, graphics, software or other device supplied or
specified by Buyer, and (d) any claim arising from the modification or
alteration of the Goods by Buyer; (e) Buyer’s negligent, unlawful, or improper
use of the Goods and (f) any liens, liabilities, damages, costs, expenses and
the like arising out of or related to any form of claim covered under this
ERRORS - Clerical errors are subject to correction.
APPLICABILITY - This document and any subsequent Agreement referred to herein
shall be governed by and construed in accordance with the laws of the State of
California, including the California Uniform Commercial Code. This Agreement
shall binding upon the successors, assigns, affiliates and any other related
third parties of Buyer.
SEVERABILITY - Invalidity of any of the terms provided herein shall not affect
the validity of any other term.
13. WAIVER -
Waiver by Alpha Precision Works of Buyer’s performance, or inaction with
respect to Buyer’s breach of any provision of this Agreement, or failure of Alpha
Precision Works to enforce any provision of this Agreement, will not be deemed
a waiver of future compliance or deemed a course of performance modifying such
provision, and such provision will remain in full force and effect as written.
REPRESENTATIONS AND WARRANTIES – By placing an order with Alpha Precision Works,
Buyer represents and warrants all of the following are true and correct as Alpha
Precision Works is specifically relying on all of Buyer’s representations and
warranties in agreeing to accept and fulfill Buyer’s order: (1) Buyer has
independently verified all applicable federal, state, and local laws and
confirmed Buyer is lawfully permitted to purchase and own the Goods, firearms
etc., (2) that Buyer will only modify or alter the goods in compliance with all
applicable federal, state, and local laws; (3) the Buyer acknowledges and accepts
that the Goods, unless expressly stated otherwise, have not been registered
with any governing body; (4) that Buyer will not transfer the Goods if altered
or modified unless expressly permitted by applicable law; (5) that Buyer will
only use the Goods in compliance with all applicable laws to which Buyer may be
subject; and (6) Buyer has not relied on any statement made or implied by Alpha
Precision Works in making any representation or warranty in this Paragraph.