| |
| These terms and conditions of Sales (“Terms”) constitute the complete and final agreement and understanding between purchaser (“Buyer”) and Accuracy Enterprises L.L.C., a Michigan Limited Liability Corporation (“Seller”, or “Accuracy Enterprises L.L.C.”). Accuracy Enterprises L.L.C.’s acceptance of any order is expressly conditional upon Buyer’s agreement to the Terms. Accuracy Enterprises L.L.C. retains the right to modify these Terms and Conditions at any time, and any such modification shall be effective for all Buyers when adopted by Accuracy Enterprises L.L.C. |
| SHIPPING: Seller does not ship smokeless powders. This are available for pickup only. Any smokeless powder orders entered for shipment will be cancelled.
Customer is responsible for all shipping costs, taxes, duties and adhering to customer’s local customs laws and restrictions. Seller does not ship to the states of Hawaii or Alaska. Any orders placed to ship to either of these states will have their order cancelled. |
| |
| LIABILITY: Accuracy Enterprises L.L.C. will not be held responsible for any lawsuits caused by improper or run safe use of any products purchased from Accuracy Enterprises L.L.C. |
| TERMS: Standard payment term is prepay before shipment unless otherwise agreed to by Seller. If Buyer fails to make payment to Accuracy Enterprises L.L.C., the entire order will be held until payment is clear from bank. In case of default by Buyer, Accuracy Enterprises L.L.C. may cancel any outstanding order(s) from Buyer. Each check returned to Accuracy Enterprises L.L.C. for NSF will be charged $45 fee. Buyer agrees to assume and pay any and all costs of collection of any valid debt, including reasonable attorney’s fee, cost of suit, and any other expense connected to collection. Accuracy Enterprises L.L.C. reserves the right to refuse orders from any Buyer for any reason. |
| ORDER CONFIRMATION: Pricing and availability of products is subject to change without notice. In-stock products are reserved for a Buyer only after price and quantity is confirmed by an invoice. Orders that are confirmed and/or processed for shipment cannot be changed. Expedite requests may be subject to an additional fee. |
| FREIGHT: Accuracy Enterprises L.L.C. will select UPS or another common freight carrier, unless otherwise directed by Buyer. Additional shipping insurance is available at Buyer’s expense. If Buyer has special packing and shipping requests, those must be stated in writing when placing orders, and are subject to Accuracy Enterprises L.L.C.’s approval. To immediately, upon receipt examine the product delivered, Buyer agrees to advise Accuracy Enterprises L.L.C. of any shipment or package loss, missing or damage within one (1) business day. |
| DELIVERIES: Quotation of shipping dates is based on best information available from common carriers. Accuracy Enterprises L.L.C. shall not be held for any damage, consequential or otherwise, arising from any delay or late delivery beyond Accuracy Enterprises L.L.C.’s control. |
| DELAY: If buyer request deferral of deliveries, Accuracy Enterprises L.L.C.’s agreement to defer delivery shall not excuse Buyer from its obligation to pay for the goods at the same time and in the same quantities as the original delivery schedule. In addition to adhering to the original payment, Buyer shall pay such storage charges as Accuracy Enterprises L.L.C. may access for storing the goods awaiting delivery. Unpaid orders won’t be reserved for deferral of deliveries. |
| SHIPMENT SHORTAGE/ERROR: Buyer shall inspect products upon receipt and must give Accuracy Enterprises L.L.C. notice within three (3) business days after the date of delivery, of any shortage or perceived error. Failure of the Buyer to inspect and give notice as required shall constitute a waiver of any shortage or error. |
| ERROR: Accuracy Enterprises L.L.C. reserves the right to correct clerical or stenographic errors or omission. |
| WARRANTY: Accuracy Enterprises L.L.C. offers a Limited thirty (10) days Warranty against defects in materials and workmanship. All products claimed to be defective shall be held subject to inspection and confirmation of use according to manufacturer’s recommendations by Accuracy Enterprises L.L.C. before warranty is honored. No returns for credit will be allowed without Accuracy Enterprises L.L.C.’s prior permission. Accuracy Enterprises L.L.C. retains the option to repair or replace products or credit original purchase price. Accuracy Enterprises L.L.C.’s liability for breach of warranty hereunder is limited solely to the replacement of the defective good, which shall be returned to Accuracy Enterprises L.L.C., or the purchase price excluding shipping. Failure to give notice of warranty claim within thirty (10) days from date of the delivery shall constitute a waiver of warranty. |
| WARRANTY DISCLAIMER: |
| Accuracy Enterprises L.L.C. warrants the goods supplied under an invoice (the “Goods”) shall conform to the description stated. The foregoing warranties is Accuracy Enterprises L.L.C.’s sole warranty with respect to these goods. Except as provided herein, Accuracy Enterprises L.L.C. disclaims all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose or noninfringement. |
| In no event shall Accuracy Enterprises L.L.C. be responsible under its warranty for any defect that is caused by negligence of buyer or a third party, static discharge, misuse of a product or mistreatment of a product. |
| Accuracy Enterprises L.L.C. shall have no responsibility for any product that has been altered or modified in any way. Accuracy Enterprises L.L.C. shall have no liability or responsibility for any components or labor added to any product after receipt by the Buyer. |
| Accuracy Enterprises L.L.C. shall have no responsibility to the extent and defect or failure is caused by non-compatibility of the products with the other components used by Buyer. |
| IT IS EXPRESSLY AGREED THAT ANY TECHNICAL INFORMATION OR SUGGESTIONS FURNISHED BY ACCURACY ENTERPRISES L.L.C. WITH REGARD TO THE USE OF ITS PRODUCTS IS GIVEN AS A GRATUITY ONLY. ACCURACY ENTERPRISES L.L.C. ASSUMES NO OBLIGATION OR LIABILITY FOR THE INFORMATION OR RESULTS OBTAINED. ANY INFORMATION IS PROVIDED SOLELY AT BUYER’S RISK. BUYER ASSUMES SOLE RESPONSIBILITY FOR DETERMINING THE SUITABILITY OF THE PRODUCT FOR ITS INTENDED USE AND BUYER IS SOLELY RESPONSIBLE FOR THE DESIGN, DATA INPUT, SPECIFICATIONS, SUBSEQUENT MANUFACTURE, AND USE OF THE PRODUCT SOLD. ACCURACY ENTERPRISES L.L.C. SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL INJURIES OR DAMAGES, OR FOR CLAIMS FOR LABOR LOSS OF PROFIT, REPAIR, TRANSPORTATION, OR OTHER EXPENSE INCIDENTAL TO REPLACEMENT OF THE MATERIAL AND/OR PRODUCTS SOLD AS COMPONENT OR INCORPORATED INTO A SYSTEM OF ITS OWN DESIGN AND SOLD AS SUCH A SYSTEM FOR SPECIFIC APPLICATION. |
| RETURNS: Returned item(s) must be in original packing and attached with your name, shipping address, contact number, brief description of problem, a copy of your receipt of purchase. Shipping charges for product returns are non-refundable. Accuracy Enterprises L.L.C. reserves the right to charge a 30% restocking fee on all returned items. |
| Note: Return shipping charges are the customer’s responsibility. If the incorrect product was shipped by our error, a shipping label may be issued to return the items. Accuracy Enterprises L.L.C. recommends that you ship your return package using a carrier that offers shipment tracking and insure the package for full value of the shipment so you are protected if the shipment is lost or damaged in transit. |
| INDEMNITY AND LIMITATION OF LIABILITY: BUYER AGREES TO INDEMNITY AND HOLD HARMLESS ACCURACY ENTERPRISES L.L.C. FROM ANY CLAIM, AWARD, LIABILITY, EXPENSE, JUDGMENT, OR OTHER COST INCLUDING REASONABLE ATTORNEYS’ FEES AND COST OF SUIT, FOR ANY MATTER ARISING FROM OR RELATING TO BUYER’S PURCHASE, INSTALLATION, RE-SALE OR USE OF PRODUCTS TO THE EXTENT ALLOWABLE BY LAW. BUYER EXPRESSLY UNDERSTANDS AND AGREES THAT ACCURACY ENTERPRISES L.L.C. AND ITS AFFILIATES, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL , EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGE OF ANY KIND INCLUDING LOST OF PROFIT, GOODWILL, USE, OR INTANGIBLE LOSSES RESULTING FROM USE, OR INABILITY TO USE, PRODUCTS OR SERVICES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, LABOR THAT MAY BE REQUIRED FOR THE REPLACEMENT OF THE SAID PRODUCT, WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE, ON THE BASIS OF STRICT LIABILITY, OR FOR ANY OTHER REASON TO THE FULLEST EXTENT ALLOWABLE BY LAW. ACCURACY ENTERPRISES L.L.C.’S LIABILITY TO BUYER, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR IN NEGLIGENCE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PAID BY BUYER AND UNDER NO CIRCUMSTANCES SHALL ACCURACY ENTERPRISES L.L.C. BE LIABLE FOR SPECIAL, INDIRECT, ANY SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COSTS OF RENTING REPLACEMENTS, AND OTHER ADDITIONAL EXPENSES, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
