Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
1. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
We make every effort to maintain the availability of products on our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
2. Payment Terms and Sales Taxes
a. In General
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept payment via: personal check, VISA, MasterCard, American Express, and Discover credit cards for all purchases. You represent and warrant that: (i) the credit card or check information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card or banking company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, and services charges associated with your product.
All payments must be in United States dollars. Also, current billing addresses, and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price set forth (including taxes and additional charges) has been paid. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below in paragraph four (4).
b. Purchase Orders by Businesses
Subject to ATS approval, purchase orders from businesses for our products or products manufactured by third parties and offered by us may be accepted upon credit approval of credit and payable on terms as we may approve or require. However, we do not provide terms for any services rendered by ATS. For questions on our terms and credit approval, please contact firstname.lastname@example.org for further information.
3. Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site.
All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.
4. Shipping Policy
a. Shipping Parts to ATS & Conformance with ATF Regulations
Package all parts including but not limited to slide assembly, recoil assembly, barrel, after-market sights, and ATS parts, (collectively "Parts") safely to limit damages that may occur during the shipping process. Additionally, all customers which send Parts to ATS must complete and sign the following PDF document which is herein incorporated to this Agreement as Exhibit "A". (Click here for PDF document). After filling out the PDF document, please insert a copy of this document with your package. The PDF document helps provide ATS information necessary to carry out your order. If you fail to insert the signed PDF document into your package than your service or purchase order may cause delay. Lastly, please contact ATS at email@example.com prior to shipping your package so our shipping department can identify and expect your package.
Per ATF Regulations, your firearm must be returned to the address it was shipped from. If the return address on your shipping label does not match the return address provided, we need a written and signed letter to accompany your firearm. This letter must explain the reason why your return and shipping address do not match and including the following information:
-Shipped from address:
-Ship to address:
-Short explanation on why we need to return the package to a different location. (For example: "Shipped from local Fedex Office and will be returned to me at my place of work. I will be at this address to receive the package when it arrives.")
b. Conforming with ATS Shipping & State Law Magazine Requirements
Unless specifically requested by ATS, please DO NOT ship extra backstraps, locks, ammunition, and or magazines. If any magazines are received by ATS then we will immediately return such item and you shall be charged a minimum return shipping fee of twenty (20) dollars. Please check your state and jurisdiction laws on shipping firearms interstate. It is your responsibility to comply with your state and jurisdiction firearm laws
c. Shipping Methods & Further Compliance Requirements
All Parts and Packages may be shipped by the following carriers: UPS, USPS, and FedEx Ground. HOWEVER, YOU MAY NOT SHIP A FIREARM OR ANY SERIALIZED PART VIA USPS. ALSO, PER THE RESPECTIVE CARRIER'S POLICIES, LOWER FRAMES OR SERIAL NUMBERED PARTS THAT ARE CONSIDERED A FIREARM MUST GO PRIORITY OVERNIGHT VIA FEDEX OR UPS ONLY. It is your duty to check carrier's firearm policies prior to shipping to ATS. Additionally, ATS encourages its customers to purchase insurance on all packages sent by you to ATS facilities. ATS shall assume no liability for any loss of property or damages to property from shipping which incur during transit to or from our facilities.
Please note that ATS facilities are open Monday through Friday. This means, no one will be available to accept packages that arrive on Saturday or Sunday. Therefore, please make sure you take this information into account when sending your packages to ATS.
YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL FEDERAL AND STATE LAWS AND REGULATIONS WHICH MAY APPLY TO YOUR SHIPMENT. WE MAY REFUSE TO ACCEPT A SHIPMENT WHICH WE BELIEVE IS NOT IN COMPLIANCE WITH APPLICABLE LAW.
d. Completion & Fulfillment Times
- Products Purchased Without Services by ATS
- Generally, we ship products within one (1) to two (2) business days. This shipment is contingent upon on receipt of payment, availability, and quantity of order. For questions on your order, please refer to paragraph 4(d)(3) below or contact customer service at firstname.lastname@example.org.
- Products Purchased With Services by ATS
- Once ATS has received your package and or order, please allow our facilities ten (10) to twelve (12) weeks for fulfillment. Upon completion of your order, and where ATS has provided services for a product which may affect the performance of your firearm, ATS may contact you to review, and discuss the performance results of your firearm. Also, ATS will collect any outstanding payments due for return shipping fees, services rendered, and or additional Parts purchased.
- Please note the posted shipping time frame above is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
- Fulfillment Delays
- There may be occasional delays beyond the posted order processing time. If the delay is more than seven business days, we will send you an e-mail message notifying you of the delay. If the delay will be less than seven business days, we will ship the product as soon as it is received. If your product is on backorder for more than 10 business days, we will send you an e-mail message asking if you want to cancel the order. If you do not advise us that you would like to cancel the order, we will keep the order active and continue to send you inquiries every 10 business days until the order is cancelled or delivery occurs. These shipping terms and conditions are accepted by you when you place an order with us.
5. Advertising Disclaimer and Trademarks
The descriptions of products and services that are posted on our site may be the representations of our suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
All trademarks and registered trademarks relating to products and services available through our site are the sole property of ATS, and or their respective owners. Additionally, photographs related to products and services available through our site are the sole property of their respective manufacturers, and or ATS.
6. Disclaimer and Limitation of Liability
Our responsibility for defects, injuries and property damages relating to the products and services available on our site is set forth below.
(a) Limited Warranty
ATS warrants that its Products are free from defects of materials and workmanship. This limited warranty exists for one (1) year from your date of purchase. EXCEPT FOR THIS LIMITED WARRANTY, ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE.
(b) Limitation of Damages
IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR "AFFILIATES") HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES IS AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
WE SPECIFICALLY DISCLAIM RESPONSIBILITY FOR ANY PERSONAL INJURY, LIABILITY OR DAMAGE CAUSED BY YOUR USE OF ANY PRODUCT OR SERVICE OFFERED BY ATS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
7. Return Policies
a. Our Policy for Products Manufactured By ATS
ATS products that are determined defective can be returned directly to us within 60 days from the invoice date. ATS reserves the right to inspect the product and shipping prior to any credit approval, replacement, exchange or repair. Additionally, ATS shall have the sole discretion to determine the method of choice for your returned products (credit, replacement, exchange or repair) as described above. Credit, replacement, exchange, or repair is the exclusive remedy for ATS defective products. If ATS determines a product is defective then ATS will provide for the cost of shipping.
ATS is not responsible or liable for ATS manufactured products which are installed by a third-party, and ATS shall have the sole discretion to determine whether your product was assembled by a third party. However, if ATS determines that a third party incorrectly assembled the returned part then you will be charged for any necessary Parts, labor, and or shipping.
b. Our Policies for Products Not Manufactured By ATS
ATS now or in the future may sell products and provide services from manufacturers other than ATS. Non-ATS manufactured products or services are covered ONLY by the manufacturer's warranty, if any, and not by ATS. If your non-ATS product or service is covered by such applicable warranties than manufacturer's warranties apply from the date of shipment. You understand that we do not operate or control the products or services offered by the manufacturers participating on our site, and you agree that under no circumstances will we be liable for any damages arising out of the failure of any manufacturer to fulfill its obligations to you under any warranty, repair, customer support or similar policies covering products and services that you may purchase through our site.
While we do not offer any warranties with respect to non-ATS products and services available through our site, we are committed to working with you to ensure that every product under warranty performs to the manufacturer's specifications. We offer a 60-day return policy on selected items based on the manufacturer's return policies.
c. Product Returns
If your product is eligible for a return then you must call (623) 322-0200 or e-mail our Returns Department at email@example.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice or order number, SKU number, and nature of the problem.
To expedite the processing of your refund or credit, we ask that products be returned within 60 days of the date that we issue the RMA. All returned products MUST be 100% complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, and contain all manuals, blank warranty and registration cards, CD(s), diskette(s), and other accessories and documentation provided by the manufacturer. You are responsible for shipping charges on returned items; we will match your shipping method on your replacement or exchange item(s). You must insure the shipment or accept the risk of loss or damage during shipment. We strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. For firearm compliance and shipping instructions, please see paragraph four (4) above.
If your order arrives in a damaged condition, save the merchandise AND the original box and packaging, and notify us immediately to arrange for a carrier inspection and a pick-up of the damaged merchandise.
DEFECTIVE returns can be returned directly to us within 60 days from the invoice date. ATS reserves the right to inspect the product or shipping prior to any credit approval, replacement, exchange or repair. Manufacturer restrictions do apply. Any item that is missing the UPC can ONLY be replaced with the same item. After 60 days, all manufacturers' warranties apply and you should contact the appropriate warrant service provider identified in the product description.
NON-DEFECTIVE returns can be accepted directly by us within 60 days from the invoice date. ATS reserves the right and has the sole discretion to inspect the product and shipping in order to determine whether the product is deemed non-defective. NON-DEFECTIVE returns are subject to a 25% restocking fee.
Some manufacturers do not accept returns of certain items for exchange, replacement or credit FOR ANY REASON, and you should check the information provided with the description of the particular product. DEFECTIVE merchandise can be returned for REPAIR only to the manufacturer directly or to any authorized service center in your area. See the description of the particular product for warranty information as provided by the manufacturer.
Questions regarding our warranty and return policies should be addressed via e-mail to firstname.lastname@example.org, or by way of telephone at (623) 322-0200, or by regular mail to Apex Tactical Specialties, Inc.8009 W. Olive Ave, Peoria, AZ 85345, Attention: Merchandising. These policies set forth your sole and exclusive rights with respect to return of products and services that you may purchase through our site.
8. Safe Shopping Guarantee
ATS takes reasonable precautions to encrypt and secure your private information. However, no business can guarantee complete security of information transmitted over the internet. Additionally, you can always order by telephone at (623) 322-0200. At this time we cannot accept orders from outside the United States, but are happy to put you in touch with one of our international distributors. No matter how you place your order with us, we want you to have a comfortable buying experience.
9. Privacy and Customer Information
At any time you may update your customer account information by following the instructions posted elsewhere on this site and or by way of our customer service. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.
10. Service and Support
All requests for technical service and support with respect to the products and services available through our site should be made directly to the manufacturer in accordance with their terms and conditions as set forth in the manual and relating information accompanying their products. Should you have any other questions or concerns; please contact customer service by telephone at (623) 322-0200, or by e-mail at email@example.com, or by mail at Apex Tactical Specialties, Inc., 8009 W. Olive Ave, Peoria, AZ 85345. Attention: Merchandising. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
11. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
12. Entire Agreement and Other Documents
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
13. Severability Clause
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
14. Governing Law and Statute of Limitations
This site (excluding linked site) is controlled by us from our offices within the State of Arizona, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Arizona, by accessing this site both of us agree that the statutes and laws of the State of Arizona, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site.
Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred
We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
You agree to defend ATS, and its officers, directors, employees, shareholders, agents, representatives and affiliated entities (collectively in this section, "ATS), and to hold ATS harmless from any and all liabilities, claims, injuries and damages which you may be sustained by you or by any third person, including but not limited to your employees and customers. You covenant not to sue ATS as a result of any claimed liability, claim, injury or damages. You agree to indemnify ATS for any and all suits, claims, awards or judgments which may arise from your use of our website or your purchase or any of our products or services.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the Commercial Arbitration Rules of the American Arbitration Association. The number of arbitrators shall be one and shall be chosen by ATS. The place of arbitration shall be Peoria, Arizona. Arizona law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
When placing a Pre-Order for Products from Apex Tactical Specialties, Inc (ATS), you will be required to provide contact and shipping. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. ATS shall have no responsibility or liability for inaccurate information or information that later becomes outdated and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time prior to your product being shipped by sending an e-mail to firstname.lastname@example.org.
You acknowledge and agree that ATS may decline or delay reservations as it deems appropriate to avoid over-sale. ATS will make efforts to inform you as soon as possible after your Pre-Order has been placed if we determine a decline or delay is needed. You will be entitled to a full refund of the purchase price of the pre-order Product and shipping and handling costs related to that Product.
You will be charged the full price of the Products at the time of placing the Pre-Order. If ATS is unable to commence shipping the Products on or before the one-year anniversary of your submission of the Pre-Order, ATS shall process a full refund to you. Your placing of a Pre-Order constitutes your express agreement to ATS of charging the full price of the Products at the time of the Pre-Order.
ATS will build Products according to the order in which Pre-Orders are received. If you cancel or forfeit your Pre-Order in accordance with the terms of this Agreement, you must submit a new Pre-Order if you change your mind and want the Product while it is still in Pre-Order status. Notwithstanding the foregoing, you acknowledge and agree that we may need to build and use Products for a variety of purposes, such as in-house and third-party testing, evaluation, and display prior to fulfilling Product reservations. Furthermore, we may in our discretion prior to fulfilling Pre-Orders offer for sale to the public (for instance, by auctioning off) a limited number of Products. Please consult our website or our blog for more information about such events.
4. Delivery Schedule
Although we will make efforts to begin delivering Products as soon as reasonably practicable, you understand and agree that there may be delays. An estimated time of delivery (ETD) is only an estimate and is subject to change. ATS does not represent or warrant that it will be able to ship the Product by the estimated time of delivery stated in the Pre-Order. As a result, in the event that a delay arises and the estimated shipment and/or release of the product is not met, ATS is not responsible for any damages that may occur due to the delay, nor shall it be obligated, except as set forth in these Terms, to provide any discounts, refunds or credits due to any such delays. We will provide you periodic updates with respect to such delivery schedule. If for any reason you decide that you do not wish to continue to wait for your Product, you may cancel your Pre-Order by sending an e-mail to email@example.com.
If the Price drops after you have submitted your Pre-Order, we will refund you the difference. If the Price goes up, your order is secure at the lower price. The Pre-Order price is valid from the moment you place the Pre-Order until you receive the Product.
End of Pre-Order Policy
Warranty Policy for Firearm Inspection:
There will be no charge for parts or labor if it is determined that the Apex parts you received were in any way defective.
If it is determined that the problems you are encountering with your gun are a result of incorrect assembly or a factory issue: tolerance fit or finish; your final invoice will reflect the charges for any necessary parts, labor and shipping.rability Clause