This is an Agreement between the “Buyer” and the “Seller,” American Air Arms, Inc. All orders for Seller’s product by Buyer are subject to the following terms and conditions. Acceptance of Buyer’s order is made only in accord with the Terms & Conditions in this Agreement which shall govern the buying and selling of a product between Buyer and Seller. Any modification of the terms and conditions shall be in writing and signed by an officer of the Seller. Any written modification of the one or more of the Terms and Conditions shall not be deemed a waiver or modification of any of the remaining Terms and Conditions.
The price for any order is the price stated on the invoice. All prices are exclusive of taxes, insurance cost, freight and any miscellaneous charges. Buyer shall indemnify Seller from any liability for taxes associated with the sale.
All invoices are payable in advance in U.S. dollars at Seller’s designated remittance address. Submission of any credit card order will be processed through PayPal. Where payment has not been made within the specified time, the Buyer reserves the right to charge 2% per month on all outstanding amounts. Buyer shall be liable for all costs and expenses incurred by Seller, including attorney fees rising out of any default by Buyer in payment or in default or breach of any other terms and conditions in this Agreement.
The Buyer shall not cancel an order or reschedule an order without the Seller’s prior written consent.
Seller agrees to deliver the product to a carrier of Seller’s choice for transport to the Buyer. All delivery charges shall be paid in full by Buyer. The carrier shall act solely as Buyer’s agent, and all claims for damages or delays in transit shall be against the carrier and Buyer must file the claim against the carrier. Under no circumstances will the Seller be responsible for any loss or damage to goods once delivered to the carrier.
Buyer shall perform inspections within seven (7) days of delivery, at which time the product shall be deemed irrevocably accepted.
If unforeseen circumstances make it substantially impossible for Seller to carry out its part of the Agreement, the Seller shall have the right to cancel the order in whole or in part, in which case Seller shall have no liability whatsoever to Buyer.
All claims of Buyer for defects in the product shall be barred unless Buyer gives written notice of the defects to Seller within 30 days from the date of receipt of the product. The Buyer must clearly specify the ground and nature of the defects. Seller, in its absolute discretion, may replace the defective product within a reasonable period of time, or authorize the return of the defective product for credit, or deny the claim and return to the Buyer the product sent to Seller for testing and inspection. Seller’s liability for a defective product shall be limited to the purchase price paid by the Seller.
Seller’s sole and exclusive liabilities for any breach of this Agreement shall not exceed the lesser of Seller’s actual and direct damages, or the price at which the product was sold, whichever is less. In no instance shall Buyer be entitled to claim consequential damages, loss of actual or prospective profits, or special or indirect damages. This limitation on damages shall apply to any default or breach by Seller, including breach of any warranty, real or implied, or tort committed by the Seller. Buyer expressly waives any claim for punitive damages.
In addition to the rights and remedies of the Seller set forth herein, Seller shall have such other rights as may be available to it under California law and the California Uniform Commercial Code.
Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration venue shall be at a site selected by the Seller within the County of Los Angeles, California. The laws of the State of California shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Buyer hereby waives trial by jury.