TERMS & CONDITIONS OF SALES
1. APPLICABILITY. Our acceptance of your order or purchase is expressly made conditional upon your assent to the terms and conditions herein in their entirety and on your agreement that the terms and conditions stated herein shall constitute the sole terms and conditions of the Agreement. Your assent to the terms and conditions set forth herein shall be conclusively presumed from your failure to reasonably object in writing as hereinafter provided and from your acceptance of all or any part of your order.
THE CONDITIONS STATED BELOW SHALL CONSTITUTE THE ENTIRE AGREEMENT OF PURCHASE & SALE AND SUPERCEDES ALL OTHER OTHER TERMS AND CONDITIONS AND ANY ORAL OR PRIOR WRITTEN STATEMENTS, COMMENTS OR REPRESENTATIONS. NO CONTRARY, ADDITIONAL, OR SUBSEQUENT PROVISIONS OR CONDITIONS SHALL BE BINDING ON CCF / RACEFRAMES LLC UNLESS ACCEPTED BY CCF / RACEFRAMES LLC AS EVIDENCED BY A WRITTEN DOCUMENT EXECUTED BY AN AUTHORIZED AGENT OF CCF / RACEFRAMES LLC.
Severability. If any term, provision, or condition of this document is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in now ay be affected, impaired, or invalidated.
2. PAYMENT. The price for the products and services provided pursuant to this Agreement shall be as expressly set forth on the face hereof. Unless otherwise stated on the front of this Agreement, payment by the Purchaser shall be due and payable within thirty (30) days from the date of invoice. The Purchaser shall be responsible for all tariffs, duties, taxes, assessments and other governmental charges, however designated, imposed by any governmental authorities associated with the performance of this agreement. Invoices that remain unpaid upon the expiration of thirty (30) days from the date of said invoices shall bear interest at a rate of one and one-half percent (1.5%) per month, or portion thereof, until such amount is paid in full.
3. Government / Agency purchases: Purchaser acknowledges and accepts full responsibility for any costs incurred in processing purchaser's order, such as IMPACT fees on gov't agency credit / debit cards & pollution fee assessments, etc. All such costs will be added to invoice at time of purchase & order processing.
4. Purchaser acknowledges and accepts full responsibility for any international shipping tariffs incurred because of the nature of the shipment category, e.g. "small arms shipment".
5. INSPECTION. The Purchaser shall inspect the product(s) and services immediately upon their delivery and shall, within 7 days thereof, give written notice to CCF/RACEFRAMES LLC of any claims that the products and services do not conform with the terms of this Agreement. In the event that the Purchaser fails to give such notice, the products and services provided hereunder shall be deemed to conform with the terms of this Agreement, and the Purchaser shall be bound to accept and pay for the products and services in accordance with the terms hereof.
Refunds to Purchaser for return of goods asserted to be defective or nonconforming to the agreement shall be limited the price paid by the Purchaser; and CCF/RACEFRAMES, LLC shall not be liable or obligated for any other sums or claims whatsoever.
6. JURISDICTION OF DISPUTES. Any and all disputes between CCF / RACEFRAMES LLC and the Purchaser arising from this Agreement which results in litigation shall be filed in the court having appropriate monetary jurisdiction in the City of Richmond, Virginia. All disputes arising from this Agreement shall be governed by the laws of the Commonwealth of Virginia.
7. SALE OF FIREARMS. All post-1898 modern firearms will be sold only in accordance with all applicable laws.
8. ATTORNEY'S FEES AND COSTS. In addition to such remedies as shall be available at law, CCF / RACEFRAMES LLC shall be entitled to all costs and attorney’s fees arising from its enforcement of any provision of this Agreement.
9. AGREEMENT BINDING. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective next of kin, legates, administrators, executors, legal representatives, successors and assigns.
10. LIMITATION OF LIABILITY. Goods are sold by us with the express and specific understanding that CCF RaceFrames® LLC shall not be responsible in any manner whatsoever for physical injury or property damage resulting in whole or in part from criminal or negligent discharge. Unsafe, improper use or careless handling by the user; unauthorized modifications; defective, improper, reloaded, hand-loaded, or non-standard ammunition or improper caliber usage; corrosion, abuse or neglect, or other influences beyond our direct and immediate control.
THESE LIMITATIONS APPLY REGARDLESS OF WHETHER LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY (INCLUDING ANY FAILURE TO WARN). CCF RACEFRAMES® LLC SHALL NOT BE RESPONSIBLE IN ANY MANNER WHATSOEVER FOR RESALE AFTER THE GOODS LEAVE CCF/RACEFRAMES LLC HANDS, OR FOR ANY FAILURE BY OTHERS TO COMPLY WITH APPLICABLE FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS.
CCF RACEFRAMES® LLC STRONGLY URGES THE USER OR THE PURCHASER TO SEEK THE SERVICES OF A COMPETENT GUNSMITH QUALIFIED TO INSPECT AND INSTALL THE COMPONENTS INTENDED FOR USE IN YOUR NEW RACE FRAME. UNDER NO CIRCUMSTANCES SHOULD YOUR NEW FRAME BE ASSEMBLED BY UNQUALIFIED INDIVIDUALS.
UNDER NO CIRCUMSTANCES SHALL CCF RACEFRAMES® LLC BE LIABLE, WHETHER IN CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF PROPERTY, COMMERCIAL LOSS AND LOSS OF EARNINGS OR PROFITS.
CCF RACEFRAMES® LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT SUCH DISCLAIMER IS VOID OR UNENFORCEABLE UNDER STATE LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTY SHALL BE LIMITED TO A PERIOD OF ONE (1) YEAR FROM DATE OF INVOICE.
Some states do not allow limitation of incidental or consequential damages, so the limitations and exclusions herein may not apply to you. You may also have other legal rights which vary from state to state.
11) RETURNS: No returns accepted on close out items. All close out item sales are final. All returned goods must receive a Return Merchandise Authorization (RMA) prior to return. Please contact us prior to making any return. Return shipments arriving without RMA will be refused. All returns will be subject to a 10% restocking fee plus shipping charges. This fee shall not apply to items received damaged or defective. No returns after 21 days from date of sale.
12) DAMAGED SHIPMENTS: Damage sustained in transit is the responsibility of the purchaser as all risk of loss passes to the buyer when the order / goods have been delivered to the shipping carrier. All damaged items / goods must be reported to CCF RaceFrames® LLC within forty-eight (48) hours of receipt. All cartons, crates & packaging materials must be retained for inspection by shipping carrier. Failure to do so will void any claim for damage. Those are standard shipping carrier rules & limitations, not ours.