These terms and conditions shall govern any order, notwithstanding any additional or differing terms and conditions set forth elsewhere. BLACKBELT AMMUNITION, LLC (“Company”), does not agree to be bound by any other such terms and conditions unless expressly accepted in writing.
Customer is SOLEY responsible for checking with their State and Local laws regarding the purchase, possession, or use of any products in that jurisdiction. The Company will not ship ammunition to AK, CA, CT, DC, HI, IL, MA, NJ, NY, or any international location. This list is subject to change at any time. For all other locations, you must be 21 or older to purchase ammunition. Company requires an adult signature for all ammunition deliveries. Company, in its sole and unfettered discretion, reserves the right to refuse a sale to any customer at any time for any reason, provided that Company’s reason is not otherwise prohibited by law. Company is not making any offer and/or advertisement that is prohibited by law and/or otherwise improper in any particular geographic area. Any offer and/or advertisement is void where prohibited by law and/or otherwise prohibited.
CONTRACT ACCEPTANCE UPON SHIPMENT OF PRODUCT
Notwithstanding anything to the contrary, placement of an order does not constitute the acceptance of any offer to purchase product from Company and Company disclaims any such acceptance. An Order Confirmation is merely confirmation that your order has been received. Absent an express written agreement to the contrary, the sole means by which Company contracts to fulfill orders is by shipment of such. Company does not agree to provide further notice prior to shipment of the product reflected in any Order Confirmation and your offer to purchase product by placement of an order remains open until all of the product reflected in the Order Confirmation is shipped or you provide written notice of cancellation of all or part of your order prior to the shipment such, whichever is sooner.
LIMITATION OF LIABILITY AND INDEMNIFICATION
CUSTOMER AGREES THAT COMPANY, ITS AFFILIATES, AND ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS WILL NOT BE LIABLE TO ANY PARTY FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, OR DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ANY ORDER OR ANY TRANSACTION OR LACK THEREOF REASONABLY RELATED THERETO. THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS BASED IN CONTRACT, NEGLIGENCE, OR TORT, EVEN IF THE COMPANY IS EXPRESSLY ADVISED ABOUT, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD COMPANY HARMLESS AGAINST ANY SUCH DAMAGES OR LOSSES. SHOULD THIS PROVISION BE UNENFORCABLE IN ANY JURISDICTION, CUSTOMER AGREES THAT ANY LIABILITY ON THE PART OF COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000).
WHILE SUCH IS INCLUDED IN THE FOREGOING, CUSTOMER EXPRESSLY AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY COMPANY AGAINST ANY CLAIM OR DAMAGES ARISING OUT OF OR RELATING TO THE USE OR MISUSE OF ANY PRODUCT SOLD BY COMPANY.
The Company shall not be liable for failure to perform or for delay in performance due to extreme weather conditions, earthquake, fire, flood, strike or other labor difficulty, act of God, terrorism, piracy, act of any governmental authority, riot, embargo, fuel or energy shortage, vehicle shortage, faulty castings or forgings, wrecks or delay in transportation, inability to obtain necessary labor, materials or manufacturing facilities from usual sources, or due to any cause beyond its reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay.
ESTIMATED SHIPPING DATES:
Shipping and/or completion dates are approximate and the provision of an estimated shipping date is not a guarantee that product will ship on or before the estimated shipping date. All items will be shipped via FedEx Ground. Please also note that the shipping rates for many items sold by Company are based upon the product’s weight. The weight of any such item can be found on its detail page. Weights will be rounded to the next full pound.
For the safety of our customers, all sales are final and the Company does not accept returns on ammunition. Please contact our office at email@example.com if you need assistance or have questions.
CHOICE OF LAW:
This Order Confirmation, and any transaction relating to or arising out of such, shall be interpreted pursuant to the laws of the State of Pennsylvania, its choice of law provisions notwithstanding. This order shall not be subject to the provisions of the United Nations Convention on the Sale of Goods and/or any successor such conventions. Any dispute pertaining to this Order Confirmation or any matter reasonably related to such shall be brought in the courts of Berks County, Pennsylvania. You agree that any lawsuit filed in any other jurisdiction shall be immediately removed to Berks County, PA and that you will reimburse Blackbelt Ammunition Manufacturing, LLC and its owners, agents, officers, and employees for any costs, including reasonable attorneys' fees, they incur in defending a lawsuit or effecting its removal until the lawsuit is properly before a court in Berks County, PA.
Customer certifies that all of the following are true:
- no federal, state, or local law prohibits me from purchasing, possessing, or having ammunition shipped to me, or other regulated items;
- Customer is at least 21 years of age,
- Customer has never been convicted of a crime in any court of any crime that was punishable by imprisonment for a term exceeding one year,
- Customer is not a fugitive from justice,
- Customer is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)),
- Customer has never been adjudicated as a mental defective or who has been committed to a mental institution,
- Customer is not an alien illegally or unlawfully in the United States,
- Customer has not been discharged from the Armed Forces under dishonorable conditions,
- Customer is a citizen of the United States and has not renounced my citizenship,
- Customer has not been convicted in any court of a misdemeanor crime of domestic violence,
- Customer is not subject to a court order that: as issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.
CUSTOMER AGREES TO CAREFULLY REVIEW AND FOLLOW THE SAFETY WARNINGS FOUND HERE.