1) Definitions

• "Buyer" means the Account Applicant or person who buys or agrees to buy Goods from the Seller.
• "Seller" means Cactus Weapons Systems Incorporated.
• "Conditions" means the Conditions of Sale set out in this document and any special conditions agreed to in writing by the Seller.

2) Conditions

• All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.
• If any amendments to this terms and conditions are required it is preferable that they be confirmed in writing.
• Down payment made by Buyer shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.

3) Prices and Payment

• The Price shall be that on the Seller’s price contained in the Seller’s Quotation.
• Quotations are valid for a period of 30 days unless otherwise agreed to (in writing) by Seller.
• Payment must be made in full prior to delivery of any Goods. Payment terms are $500 up front for “basic rifle build”, with balance due upon completion (and prior to shipment of goods). Full up front payment on special order items is required, unless other terms are agreed to in writing.
• Accepted forms of payment include cash, personal check, cashier’s check or money order, credit card (Visa, MasterCard).
• Any modifications to contract will result in a minimum of $100 charge to Buyer, unless otherwise agreed to in writing.
• In the case of other sales, payment is due in full on the terms of credit agreed which shall not be more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay delivery until paid.
• If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
• Interest on Overdue Invoices shall accrue from the date when payment becomes due from day to day until the date of payment at an annualized rate of twelve percent (12% APR).

4) Shipment Terms

• FOB Origin.

5) Warranty & Liability

• The Seller warrants that the goods will at the time of delivery correspond to the description given by the Seller, as reflected on the Customer invoice.
• Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
• Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.

6) Delivery

• Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
• Delivery of the Goods shall be made to the address designated by Buyer (including FFL dealers) and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

7) Ownership and Risk

• The risk in Goods shall pass to the Buyer upon shipment of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
• The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods. If Buyer fails to make final payment within 30 days of final invoice, Seller has the right to assume ownership of the Goods.
• The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within seven (7) calendar days of delivery if the Goods are damaged or do not comply with any part of the Contract. If the Buyer fails to do this, he is deemed to have accepted the Goods.
• Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either:
  i) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods or
  ii) at the Seller’s option, returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact found to be defective.

8) Cancellation and Returns

• Cancellations. Buyer has the right to cancel contract with Seller and receive a full refund, provided that notification is made in writing and within three calendar days (72 hours) of order placement.
• Returns. If it is agreed that the goods are to be returned:
  i) A “Customer Returned Goods” number must be obtained in advance from the Seller and must be clearly shown on the returned parcels.
  ii) Buyer will be liable cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or otherwise through the Buyer’s fault.
  iii) Piece Parts. The Seller reserves the right to make a handling and restocking charge of 25% on piece parts which are returned if they were ordered in error or are no longer required by Buyer, and only if they have current demand by Seller. If the goods are found to be defective due to Seller’s fault, the restocking charge will not apply.
  iv) Assemblies are not restockable items and cannot be returned for either full or partial refund. However, an assembly that is returned due to defect in parts or workmanship that it is determined to be due to fault of the Seller, every effort will be made by Seller to repair it to operating condition within 60 calendar days following receipt of the assembly at the Seller’s facility. In the event the repair cannot be done or is not performed in a timely basis (subject to possible lead time restrictions on piece parts required for the repair), either full assembly replacement or a partial or full refund may be considered.

9) No Waiver

• The Seller’s failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

10) Notification of Queries and/or Complaints

• Notification of queries and/or complaints regarding delivered goods must be communicated by Buyer in writing to Seller within seven (7) calendar days of product receipt. Buyer will be contacted by Seller as soon as possible and definitely within 72 working hours of formal notification. Seller will aim to provide a mutually acceptable resolution within 7 working days.
• All complaints will be dealt with in a fair and confidential manner.

11) Force Majeure

• In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfillment is prevented.

12) Disputes

• to be handled in Val Verde County, Del Rio, Texas.