Terms and conditions

Civil Arms

Standard terms and conditions of sale

 

1. PRECEDENCE.

All agreements, contracts, and purchase orders for products marketed or sold by CIVIL ARMS INC. (‘’Product(s)’’) shall include and incorporate the terms and conditions contained in these Standard Terms and Conditions of Sales (‘’SCS’’), and the SCS shall supersede and take precedence over any conflicting or additional terms and conditions in any previous agreement, contract, or purchase order. CIVIL ARMS INC. reserves the right to amend these SCS at any time. Purchaser agrees to the terms of the SCS by submitting a purchase request or order to CIVIL ARMS INC. and/or accepting delivery of Product(s) from CIVIL ARMS INC. Acceptance by CIVIL ARMS INC. of Purchaser’s purchase request or order is expressly limited to all of the terms and conditions of these SCS. Any purchase order, confirmation memorandum, payment memorandum or other writing submitted by Purchaser will not be deemed to vary or add to the terms of these SCS.

2. ACCEPTANCE OF ORDERS.

All purchase orders, whether solicited or unsolicited, are subject to acceptance, in whole and in part, upon receipt by CIVIL ARMS INC. and CIVIL ARMS INC. reserves the right to reject and/or not to accept any order, in whole or in part, without incurring any liability for any such rejection. Should any part of an order be rejected or not accepted by CIVIL ARMS INC., CIVIL ARMS INC. reserves the right to ship the remainder under the terms of these SCS, and if shipped, Purchaser agrees to accept the delivery and pay for all Product(s) in the portion of the order accepted by CIVIL ARMS INC. CIVIL ARMS INC., shall not be liable for failing to make prompt delivery when such failure is due to circumstances, causes, and/or contingencies beyond CIVIL ARMS INC.’s control, including, but not limited to, acts of God, fire, explosion, flood, war (declared and undeclared), acts of any government, accident, equipment failure, labor trouble or shortage, inability to obtain material, equipment, or transportation. Quantities so affected may be eliminated by CIVIL ARMS INC. from any order without liability. The remainder of any order shall otherwise remain unaffected. CIVIL ARMS INC. reserves the right to discontinue product lines and to make changes to Product(s) offered at any time, with or without notice, and will be under no liability for any such discontinuance or change.

3. PRICES.

CIVIL ARMS INC.’s selling prices for Product(s) are described in CIVIL ARMS INC.’s current Price Lists and supersede all prices previously in effect or previously quoted. All orders on file and all orders accepted by CIVIL ARMS INC. shall be subject to prices in effect on date of shipment unless otherwise agreed in writing by the parties. U.S. Federal Excise Tax is included where applicable. Prices are subject to change at any time without notice. All resale prices set forth in CIVIL ARMS INC.’s Price List are suggested prices only. Purchaser shall reimburse CIVIL ARMS INC. for all taxes, excise or other charges, if any, which CIVIL ARMS INC. may be required to pay to any government (foreign, national, state, or local) upon the sale or transportation of the Product(s) sold to the Purchaser.

4. BACKORDERS

CIVIL ARMS INC. will attempt to ship all Product(s) orders on the requested shipping dates and will create a backorder for any unshipped balance unless specifically indicated on the original purchase order that backorders are unacceptable. CIVIL ARMS INC. will continue to ship against the open balance of an order unless a written or electronic cancellation request is received thirty (30) days prior to shipment. If Purchaser provides a cancellation date in the original purchase order, CIVIL ARMS INC. will continue to ship against the open balance of the order up to the Purchaser’s cancellation date. Purchaser shall not deduct a late charge for back order shipments.

5.CANCELLATIONS.

Cancellation of order or backorders must be made in writing by letter to: Civil Arms Inc. Attention : Customer Service 15 Commons Ave, PO Box 503 Windham, ME 04062, USA Fax : 207.893.8252 shannon.shuman@civilarms.com Purchaser may cancel an order or backorder if the Customer Service Representative receives the cancellation request thirty (30) days prior to shipment. Purchaser may not cancel or alter an order or backorder less than thirty (30) days before shipment. If CIVIL ARMS INC. agrees, at its discretion, to accept a cancellation 30 (30) days or less from the shipment date, Purchaser agrees to pay a restocking charge of 15% of the invoice amount. Orders for custom Product(s) or specifically manufactured Product(s) (‘’Special Products’’) are subject to special quotation, and may not be canceled after acceptance of the order by CIVIL ARMS INC. unless CIVIL ARMS INC. consents to the cancellation in writing.

6. PACKAGING AND MARKINGS.

All orders will be shipped in standard commercial packaging. Orders calling for any special packaging or special marking may be, at CIVIL ARMS INC.’s option, subject to additional service charges. All Product(s) labeling, literature and instructions on or packed with, or associated with any Product(s) must be passed on by Purchaser to its customer.

7. FREIGHT.

Product(s) are shipped E.X.W. CIVIL ARMS INC.’s warehouse unless otherwise noted and approved. Title and risk of loss passes to Purchaser at point of shipment for all shipments unless expressly agreed to otherwise by CIVIL ARMS INC. in writing. CIVIL ARMS INC. retains the right to make and route shipments in the most practical, safe and compliant manner as determined in its sole discretion regardless of any special routing instructions listed on any purchase orders. Special routing or rapid delivery requests will be prepaid with charges added to the invoice. CIVIL ARMS INC. will make every reasonable effort to meet requested delivery dates and to instruct carriers to schedule delivery as requested on purchase orders. However, legal detention, redelivery, and reconsignment charges, or the like, assessed by any carrier will be the responsibility of the Purchaser. Shipments to destinations other than authorized shipping locations (drop shipments), when expressly allowed in writing or as established on the electronic purchase order, are subject to a 5% service charge. State Tax Exemption Certificates must be provided for any alternate shipping destination.

8. SHORTAGE, DAMAGE AND NON-DELIVERY CLAIMS.

Shipments involving shortages, damage, non-delivery, or concealed shortages are the responsibility of the Purchaser or consignee, and claims must be filed directly with the delivering carrier. Purchaser is responsible for promptly and carefully inspecting all shipments to ensure proper receipt. Inspection includes verification of total number of cartons, exterior condition and agreement with packing lists. If Purchaser finds any sign of damage or discrepancy upon receipt and inspection, Purchaser must note the discrepancy on all copies of the carrier’s delivery receipt. CIVIL ARMS INC. will not be responsible for any loss, damage or pilferage occurring after shipment. When such loss, damage, or pilferage does occur, Purchaser must file its claim with the carrier. Purchaser must notify CIVIL ARMS INC. in writing or electronically within thirty (30) days of date of invoice of any Product(s) irregularities or dissatisfaction of any kind including quantities shipped. Failure to provide this written notice will constitute complete acceptance by Purchaser of the Product(s) order as shipped and invoiced, and will constitute a waiver of all claims with respect to such Product(s). Any claim for damages against CIVIL ARMS INC. of any kind pursuant to or in connection with this agreement, any purchase order of the Product(s), in any manner, whether based on negligence, contract or any other cause of action, shall be limited in damages and recovery to an amount not to exceed the purchase price of the Product(s). Purchaser’s short payment of invoices or use of a credit deduction for any transportation claim or shortages are expressly prohibited.

9. RETURNED PRODUCTS.

CIVIL ARMS INC. must approve in advance the return of any Product(s). Purchaser may not return any Product(s) under this provision without first receiving and then using a Return Goods Authorization number (RGA) and Product(s) mailing labels and/or shipping documents as provided by CIVIL ARMS INC. When requesting authorization, Purchaser must provide the reason for the return and the invoice number. Unauthorized returns will be refused and returned at Purchaser’s expense. Return of discontinued or close-out merchandise/Product(s) will not be accepted under any circumstances. CIVIL ARMS INC. will inspect returned Product(s) and may charge Purchaser for any missing parts or damage. It the Product(s) return is due to Purchaser’s error, the credit invoice may be subject to a 15% restocking charge. Under these circumstances, Purchaser must return the Product(s) freight prepaid.

Collect shipments may be refused at CIVIL ARMS INC.’s sole option. Once all documentation is complete, CIVIL ARMS INC. will credit Purchaser’s account within thirty (30) days of receipt of the authorized return. CIVIL ARMS INC. will base any credit to Purchaser’s account on the original purchase price including applicable discounts. CIVIL ARMS INC. may separately invoice restocking charges, if any, at CIVIL ARMS INC.’s option. CIVIL ARMS INC.’s short payment of an invoice or use of a credit deduction in anticipation of a credit invoice are expressly prohibited. * If the product was exported to the purchaser via CIVIL ARMS INC returns are not possible only warranty and repair are the viable options. See below for warranty and repair instructions.

10. WARRANTIES/REPAIRS

CIVIL ARMS INC. is not a warranty or repair center for any manufacturer and warranty and repairs must be performed by the manufacturer. Please contact the manufacturer for instructions and procedures. The only warranties applicable to the products sold by CIVIL ARMS INC. are any express warranty that comes from the manufacturer of the products. Purchaser understands and agrees that CIVIL ARMS INC. makes no representation or warranties of any kind or nature concerning the products it sells. Purchaser agrees to waive any and all implied warranties, including merchantability or fitness for a particular purpose.

*If the product was exported to the purchaser via CIVIL ARMS INC we will assist in the legal return for warranty or repair in the United States to the manufacturer and ultimate return to you however all expenses incurred will be paid by the purchaser. Any shipments that are sent back to CIVIL ARMS INC without prior approval and documetnation, all legal fees will be charged back to the purchaser.

11. PAYMENT TERMS.

All payments are prepaid via wire transfer unless otherwise noted and agreed upon at the time of  order placement. 

All payment terms are listed on the issued invoice for each shipment of Product(s). Payment date is the date payment is received by CIVIL ARMS INC.’s bank, or, if payment by electronic funds transfer, the settlement date at CIVIL ARMS INC.’s bank. Payment of invoices is required by due date; however, any invoice subject to anticipation dating terms may be paid early. To ensure proper payment application against open balances, a remittance advice, including customer account number, invoice number and date must be sent to the address noted on the invoice. Invoices not paid by due date are subject to a late payment service charge. Late Payment Service Charge shall be at a rate of 1.5% per month or 18% per annum or legal maximum if less. Accounts must be paid promptly when due. Any past due invoice will automatically make all outstanding amounts due and payable immediately regardless of payment terms or due date, and CIVIL ARMS INC. may demand payment of the entire account. Subsequent orders may not be shipped until the account is current. In the event Purchaser fails to fulfill CIVIL ARMS INC.’s terms of payment or in the case CIVIL ARMS INC. shall have any doubt at any time as to Purchaser’s financial responsibility, CIVIL ARMS INC. may decline to make any further deliveries to Purchaser. In the event of any change in ownership, including but not limited to sale, transfer, merger or ceasing of operations, all outstanding invoices, regardless of terms or payment date, shall become due and payable immediately. Any deviation from this provision will be at the sole discretion of CIVIL ARMS INC. and must be agreed to by CIVIL ARMS INC. in writing. Any invoice dispute must be submitted to CIVIL ARMS INC. in writing within thirty (30) days of the invoice date. Disputes will be reviewed provided Purchaser provides documentation including invoice numbers, dates and reasons for the dispute. Resolution of invoice disputes will be provided by CIVIL ARMS INC. within thirty (30) days after receipt of written documentation and after verification will be credited to Purchaser’s account if invoice disputes are found to be correct. If not correct, CIVIL ARMS INC. may request additional documentation. Purchaser may not deduct any amount from invoice payment because of an invoice dispute or in lieu of reimbursement for any discount, allowance, and/or credit adjustment. Purchaser’s short payment of an invoice or use of a credit deduction in anticipation of a transportation claim or shortage, or credit invoice are expressly prohibited.

12. INTERNATIONAL ORDERS

CIVIL ARMS INC. products are export controlled by the U.S. State Department (DDTC) and/or Bureau of Industry and Security (BIS) These products follow rules based on the International Trade in Arms Regulations (ITAR).

The following is a description of the process required for CIVIL ARMS INC.. to export certain ITAR controlled products. It is intended to answer the most common questions related to product export. If you have further questions, please email shannon.shuman@civilarms.com • CIVIL ARMS INC. submits export applications on a per-export and per-purchase order basis. CIVIL ARMS INC. requires a pre-application payment to cover the application processing costs. This fee is due up front and is not refundable whether or not the export license application is successful or if the customer cancels the order. The export license application process can take as long as 4-8 weeks or more dependent on the country and the commodity. • Original Documents required in order to submit an export license application are listed below:

DSP-83 NON-TRANSFER AND USE CERTIFICATE : In signing the DSP-83, the foreign consignee, foreign end-user, and foreign government certify they will not re-export, resell, or otherwise dispose of the commodity outside of the country listed in block 3. Under the ITAR, all firearms are designated Significant Military Equipment (SME) and thus require a completed DSP-83. Please see the DSP-83 Guidelines below for more information on when a DSP-83 is required and please note the following: • Item 8 of the DSP-83 needs to be completed ONLY when the foreign government is the end-user of a commodity. • Quantity, articles, and value must be listed on the DSP-83 and must be consistent with the license application and purchase order. • A DSP-83 attachment must be identified as an attachment to the DSP-83. DDTC only accepts the one-page DSP-83. Please download the most recent version of the DSP-83 from : http://www.pmddtc.state.gov/licensing/documents/DSP_83.pdf

BIS 711 If applicable original completed/signed BXA-711 (Ultimate Consignee Statement) regulated by the     US Commerce Department

PURCHASE ORDER/FIRM ORDER: A copy of a purchase order from the foreign party identified as the ultimate foreign end-user on the application, addressed to the applicant, signed by that foreign party, specifying the type of firearm, caliber, quantity, dollar value, make/model, end-use and end-user of the article must accompany each application. The purchase order must be a firm commitment and not speculative. U.S. company invoices/proforma invoices are not acceptable. English translations must be provided for foreign language documents. The quantity listed on the license cannot be greater than the purchase order. Using a purchase order more than once is unacceptable. Purchase orders with dates older than one year will not be accepted; a recent purchase order must be submitted with the application. Letters of intent or blanket orders are not acceptable.

IMPORT AUTHORIZATION: An Import Authorization, comprised of either an original permit or an original certificate issued by the foreign government authorizing the import of specified items, must accompany each application. An Import Authorization normally contains an official signature, government seal, and the validity period of the transaction. This is not to be confused with a business license issued by the foreign government to firearms dealers or with a government authorization for individuals to own or carry a firearm. This information is to be supplied as a copy of the original document or certified copy of a duly-issued Import Authorization and must be maintained in the applicant’s file. “Certified Copy” means a copy of an original document certified by a competent official bearing the statement “certified copy,” an original signature, seal of the certifier, and date of certification. Import Authorizations may only be used once. The complete authorization must be fulfilled in one-license application. The information on the Import Authorization should match the information listed on the export application and the purchase order. A written explanation is required for any application that does not include an Import Authorization (e.g., letter from importing government stating the item 2 does not require an Import Authorization; end-user statement stating no Import Authorization is required). English translations must be provided for foreign language documents. Copies of fax copies of Import Authorizations are unacceptable. For Import Services please contact Shannon Shuman-Breton shannon.shuman@civilarms.com for details.

13. CONFORMITY WITH LAWS AND REGULATIONS.

Purchaser of Product(s) agrees to comply with all applicable International,  Federal, State and Local laws, regulations and ordinances concerning the purchase, possession, storage, transportation and resale of all Product(s). Purchaser (International) will provide teh required original documents as required : Signed Purchase Order, DSP83, BIS711, Import Permit.  Purchaser (USA) specifically agrees to furnish CIVIL ARMS INC. with a signed, certified copy of the Federal Firearms License applicable to the destination or destinations for multi-locations before CIVIL ARMS INC. will ship any firearms. Purchaser also agrees to furnish a new, signed copy of the Federal Firearms License when it is renewed. If at any time, and for any reason, a Federal Firearms License is revoked or is allowed to expire without timely renewal, the Purchaser specifically agrees to notify CIVIL ARMS INC. immediately. CIVIL ARMS INC. will suspend all shipments to the Purchaser until the signed copy of the renewed license is received by CIVIL ARMS INC. CIVIL ARMS INC. reserves the right to terminate all orders and agreements with any Purchaser who fails to provide a signed copy of a Federal Firearms License or whose Federal Firearms License is revoked by the United States Government. Purchaser agrees to furnish CIVIL ARMS INC. with a certified copy of a Tax Exemption Certificate. If CIVIL ARMS INC. does not have a certified Tax Exemption Certificate on file, applicable sales tax will be applied to all accepted purchase orders and added to all invoices. Purchaser may not deduct any amount from invoice payment because of a sales dispute or in lieu of reimbursement for any sales tax, allowance, and/or credit adjustment.

14. CHOICE OF LAW.

Any controversy or claim arising or relating to these Standard Terms and Conditions of Sale, or to any agreements, contracts, or purchase orders in which these Standard Terms and Conditions of Sale are included and made a part, or any breach thereof, shall be governed by the laws of the State of Maine - CIVIL ARMS INC.’s location. In addition to CIVIL ARMS INC.’s remedies provided herein, all of CIVIL ARMS INC.’s remedies under the Uniform Commercial Code are specifically incorporated in these SCS. CIVIL ARMS INC. and Purchaser agree that the United Nations Convention on the International Sale of Goods does not apply to this SCS or the Product(s) sold hereunder.

15. PURCHASER OBLIGATIONS AND RESPONSIBILITIES.

Purchaser agrees to pay all accounts when due, and acknowledges that CIVIL ARMS INC. may refrain from accepting or shipping additional orders until all accounts are paid in full when due. Purchaser agrees to indemnify, reimburse and hold harmless CIVIL ARMS INC. from any and all attorney fees and costs incurred by CIVIL ARMS INC. as the result of Purchaser’s breach of any obligation or provision under this agreement. Purchaser agrees and covenants to provide to CIVIL ARMS INC. reasonable supporting financial information, as requested, sufficient to demonstrate Purchaser’s ability to pay the purchase price for the purchased Product(s). Such financial information may include, but is not limited to, complete financial statements, bank and trade references, insurance certificates, personal guarantees and standby letters of credit. Purchaser agrees to furnish updated financial information to CIVIL ARMS INC. upon request. Purchaser authorizes CIVIL ARMS INC. to receive supporting information from third parties and to discuss Purchaser’s financial condition with third parties to verify the provided information.

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