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 sales@ar15hardware.com. 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 authoriized 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.