Real Guns, Inc. is referred to in these Terms and Conditions of Sale (these “Terms”) as “Real Guns” and the person or entity purchasing goods or services (collectively referred to as “Goods”) from Real Guns is referred to as “Buyer.” Buyer acknowledges that these Terms, along with any attachment, price list, schedule, quotation, acknowledgment, or invoice from Real Guns relevant to the sale of the Goods (each, an “Attachment”), and all documents incorporated by specific reference into these Terms or any Attachment, constitute the complete and exclusive statement of the terms of the agreement governing all sales of Goods by Real Guns to Buyer (the “Agreement”), regardless of whether or not Buyer or Real Guns expressly make reference to these Terms in any documentation related to any such sale. Buyer’s acceptance of the Goods will manifest Buyer’s assent to these Terms without variance or addition. Real Guns hereby objects to and rejects any terms in Buyer’s purchase order or other Buyer documents that are different than or in addition to these Terms, and any such terms in Buyer’s purchase order or other Buyer documents shall not constitute any part of the agreement between Buyer and Real Guns’, unless otherwise agreed to in writing by Real Guns.
- Prices. The price of Goods are subject to change without notice and the prices invoiced to Buyer will be those in effect at the time of order placement.
- Orders. All orders placed by Buyer are subject to acceptance by Real Guns. Real Guns’ reserves the right, in its sole discretion, to refuse any Buyer order. All sales are final and cannot be returned.
- Terms of Payment. Payment must be made at the time of purchase with a Visa, MasterCard, Discover or American Express card,
- Shipment. Unless otherwise agreed in writing by Real Guns, all Goods sold by Real Guns’ to Buyer shall be delivered FOB place of shipment and Buyer shall bear all risk of loss following delivery of Goods to the common carrier. Delivery dates are estimated based upon conditions prevailing at the date of Real Guns’ acceptance of an order and are subject to change based upon conditions existing at the time of scheduled delivery or any subsequent change in conditions that materially affect Real Guns’ ability to acquire Goods ordered. Real Guns will have no liability for such changes, but will provide reasonable notice of any changes to Buyer. If Buyer requires a more expensive routing and/or means, Buyer will pay any extra cost involved. The cost of any special packing or special handling as a result of Buyer’s requirements shall be added to the amount of the order of the applicable Goods. If the shipment of Goods is postponed or delayed by Buyer for any reason, Buyer agrees to reimburse Real Guns for any handling and storage costs and other additional expenses resulting therefrom.
- Taxes. Any current or future tax or any charge of any nature imposed by any governmental or taxing authority that is or becomes payable by reason of the production, transportation, sale, storage, processing, use, consumption or delivery of any Goods sold to Buyer, other than taxes based on Real Guns’ net income or profit, will be for Buyer’s account.
- Firearm Warranty: Any firearm sold by Real Guns to Buyer is covered by the manufacturer’s warranty. Buyer shall communicate directly with the manufacturer to resolve any product problems.
- Limitation of Liability. REAL GUNS’ SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT, OR OTHERWISE), AND IN NO EVENT SHALL REAL GUNS’ LIABILITY TO BUYER EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS OR PORTION OF THE GOODS PROVIDED BY REAL GUNS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION, AND BUYER SHALL INDEMNIFY REAL GUNS FOR ANY DAMAGES IN EXCESS THEREOF. IN NO EVENT SHALL REAL GUNS’ LIABILITY TO BUYER AND/OR BUYER’S CUSTOMERS EXTEND TO INCLUDE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ALL OF WHICH ARE WAIVED BY BUYER AS TO WHICH BUYER SHALL INDEMNIFY REAL GUNS AND HOLD REAL GUNS HARMLESS. The term “consequential damages” as used in these Terms shall include, but not be limited to, fines, penalties, loss of anticipated profits, business interruption, loss of use of revenue, cost of capital, loss or damage to property or equipment, loss of reputation, diminution of value, or illness. Further, Buyer shall defend, indemnify and hold harmless Real Guns and its directors, officers, employees, shareholders, subsidiaries, affiliates and agents against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorneys’ fees) arising out of or in connection with Buyer’s, or any other persons’, use of Goods. It is further expected that all instructions and warnings supplied by Real Guns will be passed on to those persons who use Goods. Buyer hereby represents and warrants that Goods are to be used in their recommended applications and all warning labels shall be adhered to.
- Contingencies. Real Guns shall not be held responsible for or be liable for any nonperformance or any default or delay in performance if caused, directly or indirectly, by acts of God, war, fire, the elements, riot, civil commotion, strikes, lock-outs, slow downs, picketing or other labor controversies, accidents, delay or default of or failure by carriers, shortages of labor, delay in obtaining or inability to obtain materials, equipment or parts from regular sources, action, request or regulation of or by any government or governmental authority, failure of any party to perform any contract with Real Guns, the performance of which is required for production of the Goods, or any other happening or contingency beyond Real Guns’ reasonable control, or without Real Guns’ fault, whether similar or dissimilar to the foregoing. Deliveries or other performance may be suspended for an appropriate period of time or canceled by Real Guns upon notice to Buyer in the event of the foregoing, but the balance of the this Agreement shall otherwise remain unaffected.If Real Guns determines that its ability to supply the total demand for the Goods, or to obtain material used directly or indirectly in the manufacture of the Goods, is hindered, limited or made impracticable due to causes set forth herein, Real Guns may allocate its available supply of the Goods or such material (without obligation to acquire other supplies of any such Goods or materials) among itself and its purchasers on such basis as Real Guns determines to be equitable without liability for any failure of performance that may result therefrom.
- Assignment. Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Real Guns, and any such assignment, without such consent, shall be void.
- Permits; Indemnification. Buyer shall at its own expense apply for and obtain any permits required for the installation and/or use of Goods. Except as particularly specified and agreed upon in writing by Real Guns, Real Guns makes no covenant, warranty or representation that Goods will conform to any federal, state or local laws, ordinances, regulations, codes or standards. Real Guns shall not be responsible for any losses or damages sustained by any party as a result of improper installation, use or storage of Goods. Buyer shall defend, indemnify and hold harmless Real Guns and its directors, officers, employees, shareholders, subsidiaries, affiliates and agents against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorneys’ fees) arising out of or in connection with any injury to, damage to, death to or loss of any persons or property, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use, or repair of Goods by Buyer, including without limitation, any state and federal laws related to the sale and use of firearms. This Section 10 shall survive the termination of this Agreement.
- Electronic Communications. Buyer acknowledges that when Buyer or its representatives use Real Guns Online or send e-mails, text messages, and other communications to Real Guns, Buyer is communicating with Real Guns electronically. Buyer consents to receive communications from Real Guns electronically. Buyer agrees that all agreements, notices, disclosures, and other communications that Real Guns provides to Buyer or its representatives electronically, satisfy any legal requirement that such communications be in writing.
- Account Information. Buyer shall be responsible for maintaining the confidentiality of information relating to Buyer’s account and password, and Buyer agrees to accept responsibility for all activities that occur under Buyer’s account or password. Real Guns reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
- U.S. Export Control Regulations. Buyer hereby agrees to comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply, and Buyer may not re-sell or divert any Goods contrary to such laws.
- Set-Off. Buyer shall not be entitled to set-off any amounts due Buyer against any amount due Real Guns in connection with this Agreement.
- Severability. If any provision of these Terms or the Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect.
- Governing Law. These Terms, the Agreement and all sales of Goods by Real Guns to Buyer shall be governed and construed in accordance with the laws of the State of Maine, without regard to principles of conflicts of law. Real Guns and Buyer consent to the personal jurisdiction of the state and federal courts located in Maine for adjudication of any claim or dispute related to these terms or to firearms or other Goods sold by Real Guns to Buyer. The parties further agree that the state or federal courts in Maine will be the exclusive venue for adjudication of any such claim or dispute. If either party institutes legal proceedings against the other, the prevailing party shall be entitled to recover its costs and expenses incurred in such proceedings, including reasonable attorneys’ fees, from the other party.
- Modifications of these Terms and the Agreement. Real Guns reserves the right, at any time and for any reason in its sole discretion, to change, modify, or amend these Terms and the Agreement. Any such change, modification or amendment will be posted on Real Guns Online, and will specify its effective date. Therefore, each Buyer should review these Terms before purchasing any Goods. Buyer’s purchase of Goods after these Terms are changed, modified or amended by Real Guns will signify Buyer’s agreement to be bound by such new Terms.
- Miscellaneous. All rights and remedies of Real Guns in these Terms are in addition to, and not lieu of, any rights or remedies that Real Guns may have at law or in equity. These Terms and the Agreement supersede all other communications, negotiations and prior oral or written statements regarding the subject matter of these Terms. No change, modification, rescission, discharge, abandonment, or waiver of these Terms shall be binding upon Real Guns’ unless made in writing and signed on its behalf by its duly authorized representative. No conditions, usage or trade, course of dealing or performance, understanding, or agreement purporting to modify, vary, explain, or supplement these Terms shall be binding unless hereafter made in writing and signed by Real Guns. No modification shall be affected by Real Guns’ receipt or acceptance of Buyer’s purchase orders, shipping instruction forms, or other documentation containing terms at variance with or in addition to these Terms, all of which are objected to by Real Guns. All typographical or clerical errors made by Real Guns in any quotation, acknowledgment or publication are subject to correction. These Terms shall not be construed against the party preparing them, but shall be construed as if all parties jointly prepared these terms and any uncertainty or ambiguity shall not be interpreted against any one party.
Does Real Guns Share E-mail Address Lists?
Real Guns does NOT share, sell, or make public the e-mail addresses that we receive.
How Secure Is My Information?
We work to protect the security of your orders during transmission by using Secure Socket Layer (SSL) software, which encrypts information you input. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
Conditions of Use, Notices, and Revisions