These Terms and Conditions shall apply to all orders submitted or to be submitted by you for any item offered to you on or via Faxon Firearms website (referred to in these Terms and Conditions as the “Products”)
Any order submitted is subject to acceptance by Faxon Firearms. Only upon acceptance by Faxon Firearms by way of an order confirmation is the agreement concluded. Faxon Firearms reserves the right to reject any order(s) in full or in part or to apply a maximum order amount. All orders are subject to stock availability. Faxon Firearms does not ship to destinations outside of the U.S. and to such states within the U.S. as may be restricted from time to time.
Price and Payment
Shipping and handling charges will apply in addition to the price indicated on the website. You are responsible for any local sales taxes, other taxes and government levies, if any, associated with the order. Prices are subject to change at any time but will not affect orders made prior to the date of the change. All orders must be paid for through the payment service as made available by Faxon Firearms (“Payment Service”). In order to submit orders and use the Payment Service you must supply details of your preferred payment method, billing and shipping address (if applicable) and/or any other details necessary to complete the order. If, for whichever reason, collection through the Payment Service should fail, Faxon Firearms will invoice you for the amount payable, which must be paid by check, money order or credit card within 15 days from the date of invoice. Shipment will be made only upon receipt of a cleared payment.
Non-Payment for OEM & Custom Orders
Terms for OEM & Custom Orders are set at the time of order acceptance. Any failure of the customer to remit funds within those agreed upon terms will result in the product becoming sole property of Faxon Firearms with limited rights on patents, trade secrets, and proprietary information for the purposes of selling the product to recoup non-payment. The OEM will hold Faxon harmless and indemnify Faxon for the products subject to non-payment.
Delivery and Risk of Loss
Faxon Firearms will to deliver the Product within 30 days of order acceptance. If multiple Products are ordered, Faxon Firearms reserves the right to deliver or activate each Product separately. Products will be delivered either to your delivery address or possession, or electronically. The risk of loss or damage to the Products will pass to you at the moment the Products are delivered to you. If you refuse or neglect to take delivery of the Products, Faxon Firearms reserves the right to charge you for the reasonable cost of storing the Products until delivery can be made. If delivery to you should fail for any reason outside of Faxon Firearms’ control, Faxon Firearms reserves the right at its option, to cancel the agreement and refund any monies paid. If Faxon Firearms delivers a Product to you by mistake, you shall immediately inform Faxon Firearms of its mistake by email at CustomerService@faxonfirearms.com and you shall, at Faxon Firearms’ request, immediately arrange for the return of the Product (the costs of which shall be borne by Faxon Firearms. Acceptance of a non-ordered Product does not relieve you from acceptance and payment of the Product you initially ordered, unless otherwise agreed with Faxon Firearms.
Faxon Firearms allows you to cancel a purchase agreement for Products prior to shipment to you for any reason. The Limited Warranty Certificate governs all repair and/or return of Products.
Third Party Materials
Faxon Firearms Products may make use of third party components. (“Third Party Materials”). The use of Third Party Materials included in the Products may be subject to other terms and conditions. The official copyright notices and specific licence conditions of these Third Party Materials are to be found in the product warranties, terms of sale, and safety disclosures of the Third Party Materials vendor. You hereby agree that the submission of any order implies that you have read and accepted the terms and conditions for any Third Party Materials referred to in our Product manuals, literature or brochures. Use of Faxon Firearms Products in conjunction with other vendors’ components may void your product warranties for such other vendors’ components. We take no responsibility for the status of warranties on products not manufactured or sold by us.
Commercial use of any Products to the public such as renting, lending, public display or performance or any other kind of distribution of the Products is prohibited. Other than as permitted by applicable legislation, you will not, and will not allow any person to, modify the Products or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble the Products, or to allow or enable third parties to do so.
Faxon Firearms products are only intended for shipment to and usage in the U.S. We provide no warranty or support outside the U.S.
FAXON FIREARMS LIMITED WARRANTY DOES NOT APPLY TO NORMAL WEAR OR TO DAMAGE RESULTING FROM ACCIDENT, MISUSE, ABUSE OR NEGLECT, INCLUDING, WITHOUT LIMITATION, FAILURE TO FOLLOW CLEANING AND MAINTENANCE PROCEDURES DESCRIBED IN THE PRODUCT MANUALS. FAXON FIREARMS MAKES NO WARRANTIES OTHER THAN THE LIMITED WARRANTY EXPRESSLY SET FORTH IN THE LIMITED WARRANTY CERTIFICATE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED; AND FAXON FIREARMS’ WARRANTY EXPRESSLY EXCLUDES ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES.
(Some states do not allow limitations or exclusion of implied warranties, and some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. Faxon Firearms’ limited warranty gives you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction).
Limitation of Liability
THE LIABILITY OF FAXON FIREARMS , IF ANY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER, REGARDLESS OF THE LEGAL THEORY AND WHETHER ARISING IN TORT OR CONTRACT, SHALL NOT BE GREATER THAN THE ACTUAL PURCHASE PRICE OF THE PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE. IN NO EVENT SHALL FAXON FIREARMS BE LIABLE TO PURCHASER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS OR FOR ANY OTHER REASON WHATSOEVER.