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Terms and Conditions
Interpretation
In these Terms and Conditions (Terms), the
following words and phrases shall have the following meanings: "the Buyer" means
the person, firm or company who purchases the Goods from the Company: "the
Company" means Epic Armory; "Contract" means the contract between the Company
and the Buyer which shall be deemed to incorporate these Terms; "Goods" means
any goods agreed in the Contract to be supplied by the Company to the Buyer;
"Place of Delivery" means the place to which the Goods are to be delivered. In
these Terms, reference to any statute or statutory provision shall be construed
as a reference to such statute or statutory provision as amended, modified, re-
enacted or replaced from time-to-time.
The Contract
The Contract shall be on these Terms to the
exclusion of all other terms and conditions, including any such terms and
conditions that are purported to be included or applied by the Buyer. No terms
and conditions contained in the confirmation of order, purchase order or other
document of the Buyer will form part of the Contract.
Shipping
Goods shall only be shipped to valid US
addresses. All addresses must match the address of record on file with Credit
Card Company.
Delivery
Any dates specified by the Company for
delivery of the Goods are intended to be an estimate only. If no date is
specified for delivery of the Goods, delivery shall be within a reasonable time.
Subject to the other provisions of these Terms, the Company shall not be liable
for any loss, whether direct or consequential, economic or loss of profits or
otherwise, arising directly or indirectly out of any delay in the delivery of
the Goods nor will any delay entitle the Buyer to terminate or rescind the
Contract unless the delay exceeds 60 days.
Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on
delivery Ownership in the Goods shall not pass to the Buyer until the Company
has received in full in cleared funds all sums due to the Company in respect of
the Goods and all other sums which are or may become due to the Company from the
Buyer on any account. Until ownership of the Goods has passed to the Buyer, the
Buyer shall: hold the Goods on a fiduciary basis as the Company's bailee; store
the Goods separately from all other goods of the Buyer or any third party in
such a way that they remain identifiable as the Company's property; not destroy
or deface any identifying mark on the Goods or their packaging; maintain the
Goods in satisfactory condition insured with the Company's interest noted on the
policy and hold any proceeds of such insurance on trust for the Company and not
mix them with any other money.
Price
The price for the Goods shall, unless
otherwise agreed, be the price set out on the date of delivery in the Company's
price list. The price for the Goods does not include carriage and insurance
which the buyer shall pay in addition. The buyer shall pay such deposit as the
Company shall direct.
Payment
Payment shall not be deemed to have taken
place until the receipt by the Company of cleared funds.
Warranties
The Company warrants that the Goods are of
satisfactory quality and free of manufacturer defect. If the Buyer wishes to
make a claim under this warranty, the Buyer shall give written notice to the
Company within 30 days of the discovery of the defect and give the Company a
reasonable opportunity to inspect the Goods in question. The Company shall not
be liable for any breach of warranty if the Buyer makes any further use of the
Goods after giving such notice or alters or repairs the Goods without the
agreement of the Company. The Company's liability under the warranty shall be
limited to repairing or replacing the Goods in question or refunding the price
of such Goods.
Limitation of Liability
The Company's liability in contract, tort or
otherwise arising out of the subject matter of the Contract shall not exceed the
value of the goods and the Company shall under no circumstances be liable to the
Buyer for any consequential, indirect or economic loss or damages.
Force Majeure
If either party is subject to an event of
Force Majeure, that is circumstances outside its reasonable control, including
but not limited to war, fire, industrial disputes or civil commotion, it shall
notify the other and the first party's obligations under these Terms shall be
suspended until it notifies the other party of the end of such event of Force
Majeure.
General
If any part of these Terms is found to be
void or unenforceable by any Court of competent jurisdiction, such part shall be
severed from these Terms which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to US Law and the
parties submit to the exclusive jurisdiction of the US Courts.
Return Policy
Returns are allowed if we are notified within
5 business days after receipt of your order. Cash refund or store credit less
shipping charges will be refunded for the returned items, assuming they are
returned in the same condition as they were shipped. All returns are subject to
a restocking fee of up to 15%. Products that are returned due to error in
shipping or any mix-up on our part are generally not subject to restocking fees.
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