Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access
to and use of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and conditions, please
do not use this site.





1. DEFINITIONS USED HEREIN – “Agreement” means this
document, including any attached or affixed pages (e.g. purchase orders,
invoices, etc.) and the terms and conditions contained herein. “Buyer” means
the Buyer identified in any order of Goods which is hereby made a part of this
Agreement. “Goods” means the goods, materials, parts, supplies and/or services
supplied by Alpha Shooting Sports to Buyer.





2. COMPLETE AGREEMENT – All purchases of Goods by Buyer are
subject to the terms and conditions of this Agreement regardless of other or
additional terms or conditions that conflict with or contradict this Agreement
in any purchase order, document, or other communication. Preprinted terms and
conditions on any document of Buyer and/or Alpha Shooting Sports’ failure to
object to conflicting or additional terms will not change or add to the terms
of this Agreement. This Agreement supersedes and replaces all previous
requests, quotations, orders or agreements concerning the Goods. Any additional
or different terms will not become part of the contract or agreement for the
sale of the Goods and are hereby objected to by Alpha Shooting Sports without
further notice unless made in writing and signed by an authorized
representative of Alpha Shooting Sports. The terms and conditions are subject
to change and upon such change those terms and conditions shall control all
future orders from Buyer.





3. PRICES AND PAYMENT - Prices are subject to change at any
time without notice. All orders are subject to acceptance by Alpha Shooting
Sports, as Alpha Shooting Sports may refuse to complete any order for any
lawful reason and/or Alpha Shooting Sports has any reason to believe that
Buyer’s Representations and Warranties in Paragraph 14 are false and/or
misleading. Any applicable taxes or other governmental impositions, which Alpha
Shooting Sports may be required to pay or collect, will be added to the price
and paid by Buyer unless Alpha Shooting Sports receives a valid exemption
certificate. Payment in full is due at time of order. All sales are final.





4. TITLE, DELIVERY AND RISK OF LOSS - Unless otherwise
stated, Alpha Shooting Sports’ best judgment will be used in routing shipments
and subject to its Shipping Policy. Title to the Goods and liability for loss
or damage in transit or thereafter shall pass to Buyer upon Alpha Shooting
Sports’ delivery of the Goods to a common carrier for shipment. Shipping dates
are not guaranteed. Alpha Shooting Sports disclaims any direct or indirect
liability for any damages suffered by Buyer which result from delays in
delivery.





5. SHORT, DAMAGED OR DEFECTIVE GOODS – Buyer agrees to
inspect all Goods within three days of receipt when shipped, or immediately
upon receipt if delivered in person from Alpha Shooting Sports personnel to
Buyer. After that time all Goods are deemed to be accepted. Claims for Goods
delivered short, errantly, damaged or defective (not due to fault of carrier)
shall be filed in writing with Alpha Shooting Sports within five days after
date of shipment. Upon acceptance of Buyer’s timely written claim and issuance
of a written return authorization (RA), Alpha Shooting Sports agrees to repair,
replace, or, at Alpha Shooting Sports’ option, issue credit for all defective
Goods which have not been altered, machined or finished, provided the Goods are
returned unaltered with a valid RA to Alpha Shooting Sports’ facility within 20
days of shipment. Alpha Shooting Sports reserves the right to refuse delivery
of any Goods returned without a valid RA. Buyer must prepay all freight, which
will be reimbursed by Alpha Shooting Sports for defective, damaged or errant
Goods. Claims for Goods delivered short, errant, damaged or defective as a
result of the fault of the carrier will be handled by Buyer directly with the
carrier.





6. EXCUSABLE DELAYS - No liability shall result from delay
in performance or non performance, directly or indirectly caused by
circumstances beyond Alpha Shooting Sports’ control, which include, but are not
limited to, Acts of God, fire, explosion, flood, war, terrorism, act of or
authorized by any government, accident, labor trouble, or shortage or inability
to obtain material, equipment or transportation. Quantities so affected may be
eliminated from the Agreement without liability, but the Agreement shall remain
otherwise unaffected.





7. LIMITED LIFETIME WARRANTY AND WARRANTY DISCLAIMER - Alpha
Shooting Sports brand products carry a limited life time warranty. This
warranty covers any defects in workmanship and malfunctions. This warranty does
not cover normal wear and tear, abuse and neglect. Warranty is void if
re-manufactured/re-loaded ammunition is used. This warranty is valid for
original purchaser only. Warranty claims can be made by emailing
[email protected]. Warranty claims resulting in no issues found will be
subject to $50 an hour service charge plus return shipping costs.





8. LIMITATIONS OF REMEDIES AND DAMAGES - Buyer agrees that
Alpha Shooting Sports’ obligations described in Paragraph 7 is Buyer’s sole and
exclusive remedy, and that Alpha Shooting Sports’ total liability to Buyer,
Buyer’s customers or to any other person, relating to this Agreement, its
performance or non-performance, or from the use of Goods furnished, is limited
to the price of the Goods and/or services giving rise to the claim. Except as
to title, such obligation and liability shall terminate 90 days from delivery.
ALPHA SHOOTING SPORTS AND ITS SUPPLIERS WILL NOT, IN ANY EVENT, BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PENAL DAMAGES INCURRED IN CONNECTION
WITH THE GOODS, WHETHER ANY CLAIM FOR RECOVERY IS BASED UPON OR ARISES OUT OF
THEORIES OF CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR
OTHERWISE, including, but not limited to back charges; labor costs; costs of
removal, replacement, testing or installation; loss of efficiency; loss of
profits or revenues; loss of use of the Goods or any associated products;
damages to associated products; lateness or delays in delivery; unavailability
of Goods; cost of capital; cost of substitute Goods, facilities or service;
downtime; or claims from Buyer’s customers or other parties to Buyer or
directly to Alpha Shooting Sports for such damages.





9. INDEMNITY - Buyer shall release, indemnify, defend and
hold Alpha Shooting Sports harmless, and its present and future officers,
directors, officials, employees, agents, subsidiaries, affiliates, successors
and assigns from any and all liability (including without limitation liability
for negligence or strict liability), claims, losses, suits, demands, penalties,
fines, forfeitures, damages and costs (including reasonable attorney's fees)
caused by, arising out of or relating to: (a) any form of intellectual property
claim related to designs, instructions, specifications or intellectual property
developed or furnished by Buyer; (b) any claim related to any component of or
instrument used to manufacture the Goods provided or sold to Alpha Shooting
Sports by Buyer, or otherwise specified by Buyer; (c) any claim related to the
combination of the Goods with any hardware, text, graphics, software or other
device supplied or specified by Buyer, and (d) any claim arising from the
modification or alteration of the Goods by Buyer; (e) Buyer’s negligent,
unlawful, or improper use of the Goods and (f) any liens, liabilities, damages,
costs, expenses and the like arising out of or related to any form of claim
covered under this Paragraph.





10. CLERICAL ERRORS - Clerical errors are subject to
correction.





11. APPLICABILITY - This document and any subsequent
Agreement referred to herein shall be governed by and construed in accordance
with the laws of the State of California, including the California Uniform
Commercial Code. This Agreement shall binding upon the successors, assigns,
affiliates and any other related third parties of Buyer.





12. SEVERABILITY - Invalidity of any of the terms provided
herein shall not affect the validity of any other term.





13. WAIVER - Waiver by Alpha Shooting Sports of Buyer’s
performance, or inaction with respect to Buyer’s breach of any provision of
this Agreement, or failure of Alpha Shooting Sports to enforce any provision of
this Agreement, will not be deemed a waiver of future compliance or deemed a
course of performance modifying such provision, and such provision will remain
in full force and effect as written.





14. REPRESENTATIONS AND WARRANTIES – By placing an order
with Alpha Shooting Sports, Buyer represents and warrants all of the following
are true and correct as Alpha Shooting Sports is specifically relying on all of
Buyer’s representations and warranties in agreeing to accept and fulfill
Buyer’s order: (1) Buyer has independently verified all applicable federal,
state, and local laws and confirmed Buyer is lawfully permitted to purchase and
own the Goods, (2) that Buyer will only modify or alter the goods in compliance
with all applicable federal, state, and local laws; (3) the Buyer acknowledges
and accepts that the Goods, unless expressly stated otherwise, have not been
registered with any governing body; (4) that Buyer will not transfer the Goods
if altered or modified unless expressly permitted by applicable law; (5) All
our products are for use in the continental U.S. and not authorized for export.
(6) that Buyer will only use the Goods in compliance with all applicable laws
to which Buyer may be subject; and (7) Buyer has not relied on any statement
made or implied by Alpha Shooting Sports in making any representation or
warranty in this Paragraph.







15. DISCLAIMER: "GLOCK" is a federally registered
trademark of GLOCK, Inc. and is one of many trademarks owned by GLOCK, Inc. and
GLOCK Ges.m.b.H. Alpha Shooting Sports is not endorsed by, GLOCK, Inc. or GLOCK
.b.H. The use of "GLOCK" on this page is merely to advertise the sale
of Alpha Shooting Sports brand GLOCK compatible parts, or components.