PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY
TO YOU.
This Agreement contains
the
terms and conditions that apply to all purchases by Consumers and Customers of BSA
Optics. These terms and conditions will govern all orders for BSA Optics products
sold in
the
United States
. By accepting delivery of
the
products described on a BSA Optics invoice or shipping statement, Customer agrees
to be bound by and accepts
the
se terms and conditions. These terms and conditions are subject to change for future
sales or deliveries without prior written notice at any time, in BSA Optics’ sole
discretion.
1. Other Documents. These terms and conditions
may not be altered, supplemented, or amended by
the
use of any other document(s). Any attempt
to alter, supplement or amend this document or to enter an order that is subject
to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed
by both Customer and BSA Optics.
2. Governing Law. THIS AGREEMENT AND ALL
SALE
(S) WILL BE GOVERNED BY THE LAWS OF THE STATE OF
FLORIDA
. The exclusive venue and jurisdiction for all disputes arising from any sale will
lie in
the
state courts residing in
Broward County, Florida
and
the
Federal Courts of
the
Southern District of Florida.
3. Payment. Customer agrees to pay for
the
products with
the
use of a credit card, debit card and/or money order. Prices listed on our websites,
price lists and catalogs are subject to change and valid only for
the
period posted. Please see our Privacy Statement for details about how BSA Optics
keeps information.
4. Shipping and Taxes. Customer shall be responsible for shipping and handling charges.
Shipping charges vary based on
the
weight of
the
ordered products and
the
distance from shipment location. Handling charges may be assessed, based on Customer’s
order. Customer is responsible for sales and all other
taxes associated with
the
order. If applicable, a separate charge for taxes will be shown on BSA Optics’ invoice(s).
5. Title. Title to materials passes from BSA Optics to Customer at
the
time
the
products are shipped from BSA Optics’ facility. Ship dates are estimates only. BSA
Optics is not liable for delays in shipment or failure to ship by
the
estimated ship date.
6. LIMITED WARRANTY. THE LIMITED WARRANTIES APPLICABLE TO BSA OPTICS PRODUCTS ARE
INCLUDED IN THE APPLICABLE WARRANTY STATEMENT ACCOMPANYING THE PRODUCTS. BSA OPTICS
MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EXCEPT THOSE IN BSA OPTICS’S
APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES
WILL BE EFFECTIVE, AND BSA OPTICS WILL BE OBLIGATED TO HONOR SUCH WARRANTIES, ONLY
UPON BSA OPTICS'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. BSA OPTICS
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BSA
OPTICS'S RESPONSIBILITY FOR WARRANTY CLAIMS REGARDING THE PRODUCTS AND SERVICES
CONTEMPLATED BY THESE TERMS AND CONDITIONS IS LIMITED TO REPAIR AND REPLACEMENT
AS SET FORTH IN BSA OPTICS'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE
OF THE INVOICE. BSA OPTICS RESERVES THE RIGHT TO CHANGE ITS WARRANTIES AT ANY TIME,
IN THEIR SOLE DISCRETION, WITHOUT PRIOR NOTICE WITH RESPECT TO FUTURE SALES AND
DELIVERIES.
7. Returns and Exchanges. From time to time, BSA Optics may, in our sole discretion,
accept returns, exchange products or portions thereof. Any returns or exchanges
will only be made in accordance with BSA Optics' return or exchange policies in
effect on
the
date of
the
return or exchange, including, but not limited to, payment by Customer of any cancellation
or restocking charges. There will be a 15% restocking fee for a
non-defective item purchased. We will not credit any Shipping Amount
for any returns on any item. Customer agrees to contact BSA Optics Customer Service
department at 1-954-581-2144 to obtain an exchange or refund. Exchanges and returns
may be granted for damaged goods within a 30-day period starting with
the
date
the
product was received by
the
Customer. Products covered under warranty will be treated under
the
30 day exchange and replace policy or
the
specific products warranty expiration date, whichever is greater.
8. Substitutions. BSA Optics policies are continually revised and updated. BSA Optics
may revise and discontinue products at any time. BSA Optics will not ship substitute
products in
the
place of ordered products, but will make reasonable efforts to contact Customer
if any ordered products are unavailable.
9. Damages and Shortages. YOU ARE RESPONSIBLE TO INSPECT ALL SHIPMENTS IMMEDIATELY
UPON RECEIPT. After thirty (30) days from Customer’s receipt of a shipment,
Customer shall be deemed to have irrevocably accepted
the
shipment, if not previously accepted. After such acceptance, Customer shall have
no right to reject
the
shipment for any reason or to revoke acceptance. Customer hereby agrees that such
thirty (30) day period is a reasonable amount of time for such inspection and revocation.
Specially fabricated or ordered items may not be canceled or returned, and no refund
will be made. Customer shall not accept packages that have been damaged or tampered
in shipment until
the
carrier has noted
the
extent and nature of
the
damages on Customer’s delivery receipt. If damage is not detected at
the
time of delivery, such damage should be reported immediately to
the
carrier and an inspection requested. Customer must save damaged or pilfered packaging
until the claim is settled. In
the
case of shortages, please note any missing materials on
the
delivery receipt. All shipping damage and shortage claims must be reported to BSA
Optics Customer Service at 1-954-581-2144 within thirty (30) days of receipt of
shipment. (See Returns and Exchanges). Customer shall be responsible for payment
of
the
total invoice amount if BSA Optics is not notified within
the
specified thirty (30) day period.
10. LIMITATION OF LIABILITY. BSA OPTICS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES
SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR
SALE
OR USE. BSA OPTICS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED
HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS
OR SERVICES BUNDLED WITH THE PRODUCTS, BSA OPTICS IS NOT LIABLE OR RESPONSIBLE FOR
ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE OF PRODUCTS UNDER THIS AGREEMENT.
11. Compliance with Laws. Customer agrees to comply with all applicable laws and
regulations of
the
various states and of
the
United States
, including, but not limited to those laws requiring any permit necessary to purchase,
possess, deal, transfer or use
the
products and any minimum age requirements related to
the
purchase, possession, and use of
the
products. Due to local laws and regulations, BSA Optics may not be able to ship
products to certain locations. Customer may be required to provide BSA Optics with
an affidavit of eligibility to possess, deal or resell any materials prior to shipment.
12. Export Controls. The Customer acknowledges that
the
products sold hereunder may be subject to applicable export control laws and regulations.
Sales of BSA Optics materials must follow applicable federal, international, and
state regulations and restrictions and Customer agrees to abide by such laws and
regulations.
13. Acknowledgment. By ordering any products from BSA Optics offered through our
websites, whether by the Internet, via
telephone, facsimile or otherwise, Customer
agrees to be bound by
the
se Terms and Conditions of Sale. Customers must be 21 years or older.
14. Order Validation. Due to
the
nature of
the
products sold by BSA Optics, BSA Optics may validate orders by Customer. Such validation
may include or require validation of shipping and billing information, phone calls
to Customer, validation of Customer e-mail account(s) and/or validation of any information
relating to any credit purchase by Customer. BSA Optics reserves
the
right to refuse service to any Customer, at any time and for any reason whatsoever.
15. Entire Agreement. Unless BSA Optics and Customer agree otherwise
in writing,
the
se terms and conditions and any document incorporated by reference or referred to
herein constitute
the
entire agreement between Customer and BSA Optics pertaining to
the
subject matter of
the
se terms and conditions and, as such,
the
se terms and conditions supersede, terminate and otherwise
render null and void any and all prior agreements, understandings, negotiations,
contracts, proposals or requests for proposals, whether
written or oral, between Customer and BSA Optics. In
the
event of a conflict between
the
se terms and conditions of sale and any of
the
documents incorporated by reference or referred to herein,
the
se terms and conditions of sale shall govern.
16. Severability. The illegality, invalidity or unenforceability of any provision
of
the
se terms and conditions shall not affect
the
validity or enforceability of any other
provision hereof and any such invalid or unenforceable provision shall be deemed
to be severed only to
the
extent such provision is illegal, invalid or unenforceable.
17. Headings. The section headings used herein are for convenience of reference
only and do not form a part of
the
se terms and conditions, and no construction or inference shall be derived
the
re from.
18. Force Majeure. BSA Optics shall not be liable for any delay or failure in performance
caused by circumstances beyond
the
ir reasonable control.
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